Community Partnerships Can Be Risky Business - determining risks and responsibilities associated with camps' involvement in community development programs

Camping Magazine, Sept-Oct, 2001 by Ed Schirick

Working with the Juvenile Justice System

Establishing relationships with community juvenile justice programs can present much bigger challenges. You should be able to identify and analyze potential liabilities and risks involved with juvenile justice programs when the camp staff interacts with the juvenile justice system's program staff or independent contractor or jointly shares operational and supervisory duties. Loosely establishing these relationships can give nightmares to directors, officials, and their respective insurance company claims staff. In this scenario, there are premises risks, as well as operational risks for you to identify and manage.

Establishing the other organization's staff credentials, competencies, and practices presents an additional set of risks. Good risk-management practice dictates that you should establish the duties and responsibilities in advance before someone gets injured. A joint training session would reduce some of this uncertainty. Operational roles and responsibilities should be thought through completely before attempting to create a contract in this situation.

Beware of governmental immunity

Some programs affiliated with local government and judicial systems, may not have traditional insurance arrangements. Some may be operating under the auspices of municipal government; others may be independent, nonprofit organizations. If you establish a partnership with an arm of the local judicial system, the same risk-management principles and practices should be followed. One of the objectives of the risk-management process is to avoid becoming the "deep pocket" in the event some participant is injured. Be aware that the laws vary from state to state, and that governmental immunity, if it still exists in your state, could work against you and result in an unexpected legal liability. That is why it is important to talk about risk management and legal liability from the beginning of any community outreach activity.

Contracts will help reduce the risk of claims nightmares and increase the chances that your staff and your organization will only be held responsible for your own acts of negligence. Contracts may also help ensure the success of your community outreach activities, not to mention the continued success of your own business.

Risk Planning with Elder Hostels and Other Groups

Many camps have opened their facilities to church groups, local businesses, elder hostel programs, and similar adult groups. There is a significant difference in the risk involved with serving children versus adults when considering the use of liability waivers as a risk management tool.

Liability waivers

Children continue to have a protected status in the courts, although there are some signs the courts are recognizing the accelerated maturity of children today. Children cannot legally waive their rights to sue you. Adults, on the other hand, can waive their right to sue in some jurisdictions. Many states still recognize the "assumption of risk doctrine" and will uphold a liability waiver when it is legally drawn. Consult with your attorney to determine if the legal environment in your state supports a liability waiver. If it does, you may want to consider using such a risk-management technique with your adult participants.