Practice Area
Historical and Contemporary Standards of Care
A central focus of Dr. Zirschky's expert work is explaining the standard of care applicable to churches, youth ministries, camps, mission programs, and faith-based organizations. In litigation, the key question is often not simply whether a practice would be advisable today. The question is what a reasonably prudent church or faith-based organization was expected to know and do at the time of the events in question.
Contemporary Standards of Care
Contemporary standards of care involve current expectations for churches and faith-based organizations regarding abuse prevention, injury prevention, screening, training, supervision, reporting, and risk management.
This may include analysis of:
- Written child protection policies
- Screening and selection of staff and volunteers
- Two-adult and visibility policies
- Transportation procedures
- Camp, retreat, and overnight event protocols
- Mission trip safety standards
- Reporting and response procedures
- Training requirements
- Supervision and access controls
- Risk assessment and emergency planning
Historical Standards of Care
Historical standards of care involve determining what reasonable churches and faith-based organizations were expected to know and implement during a particular period.
This may include analysis of:
- The development of child sexual abuse prevention policies
- Historical risk-management literature
- Denominational policies and guidance
- Insurance and church administration resources
- Ministry training materials
- Widely recognized safety practices
- Foreseeability of risk during the relevant period
- The evolution of screening, supervision, reporting, and response expectations