National Youth Court Center

   

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Youth Court E-update
 

Date: November 2001 - (Download PDF Version)

Topic: Insurance for Youth Court Staff Members

Question: My issue is that my board wants to employ me on contract and I am concerned about having liability coverage for me. The nature of this work is very vulnerable to civil rights issues and such...My position does not pay enough for me to carry me own policy. So...I'm trying to find out how other coordinators address this issue. Are most hired on contract or as staff person of an agency? What kind of coverage do they use for personal liability? Or, do they even address this concern?

Responses from Coordinators:


Volusia County Teen Court
Shirley Santillana Senior Coordinator
120 West Indiana Avenue Room 242
Deland, FL 32720
Phone: (904) 822-5703
Fax: (904) 740-5141
ssantillana@circuit7.org

Not on contract, staff employee.

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Dakota County Peer Court
Barbara Jacobson Coordinator
Dakota County Attorney's Office
1560 Highway 55
Hastings, MN 55033
Phone: (651) 438-8368
Fax: (651) 438-4499
Barb.Jacobson@co.dakota.mn.us

I am employed by the County Attorney's Office. The position is at present supplied by grants, but there is a strong possibility that it will be a permanent position next year. In my case I have full benefits through the county

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21st Judicial District Teen Court
Jennifer Trombla Teen Court Coordinator
105 Courthouse Plaza
Manhattan, KS 66502
Phone: (785) 565-6641
Fax: (787) 565-6896
jtrombla@co.riley.ks.us

At the 21st Judicial District Teen Court I am a grant-funded employee of the County Attorney's office and receive all of the benefits a regular employee would receive as far as insurance, liability, and vacations.

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Fort Worth Teen Court
Susan Wolf Teen Court Coordinator
1000 Throckmorton
Fort Worth, TX 76102
Phone: (817) 871-7642
Fax: (817) 871-8670
wolfs@ci.fort-worth.tx.us

When we were totally non-profit our Board had liability on all the teens, volunteers and staff. When we went to a private/non -profit/public partnership with the City of Fort Worth, the City took over the liability on all full time staff and volunteers. The board also has additional liability on the teen court participants, the part time staff and the teen volunteers.

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Duncanville Teen Court
Olivia Harrington Teen Court Coordinator
P.O. Box 380280
Duncanville, TX 75138-0280
Phone: (972) 780-5063
Fax: (972) 780-6463
oharrington@ci.duncanville.tx.us

The City of Duncanville hires me and i am under their liability, workman’s comp, etc. The volunteer center of Dallas offers an insurance policy; you might want to check with your volunteer center.

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Village of Owego Youth Court
Eric Watkins Coordinator
Youth Services Unit
Owego Police Department
Owego, NY 13827
Phone: (607) 687-2233
Fax: (607) 687-2235
juvenile@stny.rr.com

In response to the liability coverage query; just over a year ago, when I was hired by my village as YC Coordinator I had the same concerns as they offered me no benefits what so ever. There is strong liability coverage of over $50 million, so I felt comfortable there. In regards to benefits I had to fight my way to coverage--the salary was far too small to cover any insurance. With the help of my police chief (and my threats to leave the program) I eventually received full benefits (and recently an enhanced holiday package). In short I believed in my programs and myself enough to stand up for my coverage--and it worked.

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Anchorage Youth Court
Sharon Leon Executive Director
PO Box 102735
Anchorage, AK 99510
Phone: (907) 274-5986
Fax: (907) 272-0491
ayc@alaska.net

Attorneys with youth courts could better explain the legal ramifications than I, but soon after originally being hired on contract as the youth court coordinator, our Board determined that the position was really that of an employee. It did not meet all standards for contract labor. The youth court provided the place of work, the basic requirements of the job, determined the number of hours, and I was not working in similar fashion for any other like organizations at the same time. I suppose it would depend upon the standards and job requirements of a particular youth court whether a person could be considered an employee or contractor. Perhaps if this person's youth court provides no place to work, no specific job requirements or hours, and the prospective contractor has other clients for similar work, the youth court could raise compensation enough so the individual could afford necessary insurance. That would seem fair to provide a well-qualified, motivated person running their program. Of course, this is just one person's experience.

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Donald P. McCullum Youth Court
Paula Bruce Executive Director
337 17th Street, Ste. 205
Oakland, CA 94612-3356
Phone: (510) 832-5858 ext. 302
Fax: (510) 832-5858
plbruce@pacbell.net

Personally, I would not work for an agency that would cover me for liability, I bet your Board is covered by DO insurance. Ultimately they could be personally responsible for any lawsuit in which anyone acting on behalf of your organization could be sued.

We recently went though the issue of liability insurance, in California. I recently added professional liability and sexual misconduct to my general liability and DO insurance. Both of these do not cover liability i.e. If you order a youth to perform CS picking up trash and the youth were to get hit by a car and was killed. Gen/DO would cover most of liability but not all, you could be sued personally because in your professional capacity you or your staff ordered this to be done. Professional liability is like having malpractice coverage. I know it sounds bad but the cost is minimal to be protected against potential liability for anything including sexual misconduct.

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Ketchikan Youth Court
Gretchen Klein
221 Plaza Port West
Ketchikan, AK 99901
Phone: (907) 225-2293
Fax: (907) 225-2293
gretchenk@serrc.org

Our youth court is non-profit but is managed by South East Regional Resource Center ( They are a large non-profit agency) and funded by Division of Juvenile Justice. So I believe I would be covered.

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Lisa Albert-Konecky
Program Coordinator
Mat-Su Youth Court
290 E. Herning Ave
Wasilla, AK 99654
Phone: (907) 373-9045
Fax: (907) 373-9075
mysc@ci.wasilla.ak.us

Our program is lucky enough to be carried by the largest city in our area. We are technically city employees, however all our program costs including salaries and benefits are paid for by grants and donations. We are in the process of becoming 501(c)3 and will be addressing salary issues soon. Our liability is covered by the city. I do know that some programs can have employees that are covered under a main non-profit, and are able to share their benefits package.

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Knox County Teen Court
Cathy Heimann Administrative Assistant
Knox County Teen Court
55 West Tompkins
Galesburg, IL 61401
Phone: (309) 345-3800
Fax: (309) 345-3897
knoxteenct@misslink.net

We do carry three kinds of insurance--even though we have a very small budget. We carry workman's comp, liability (for bodily injury and property damage) and general liability for board members and community service sites and volunteers. (Cost: $2300 a year) We would like to see a group plan available for teen courts through an agency of the state. We have a hard time getting bids because insurance companies are not familiar with teen courts.

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Jennifer Strutz
Youth Court Coordinator
362 N. Third Avenue
Stayton, OR 97383
Phone: (503) 769-5749
Fax: (503) 769-7573
jastrutz@aol.com

Stayton Sublimity's coordinator is a private contractor responsible for personal insurance. The non-profit that helps fund and umbrella liability for youth/program handles that part of the insurance. Coordinator is covered with personal insurance through spouse's coverage.

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Pima County Teen Court
Adelita Grijalva Program Manager
Pima Prevention Partnership
330 North Commerce Park, #160
Tucson, AZ 85745
Phone: (520) 884-8799
Fax: (520) 884-8820
adelita_g@yahoo.com

At Pima County Teen Court in Tucson, AZ, we do not have any additional insurance other than what is offered by our sponsoring organization.

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Teen Court of Huerfano County
Michele George
Coordinator
401 Main Street, Suite304
Walsenburg, CO 81089
Phone: (719) 742-0240
Fax: (719) 738-1267
hcteencourt@yahoo.com

I have been informed that in my state, Colorado, that if your board of directors establishes all procedures and guidelines that you follow, and if you become and active board member, then the board can purchase D&O insurance that will cover ALL of you. They should be aware, that they to have liability when it comes to these issues. My program is adjunct to the court, so I am protected under the GIA. I would suggest that you talk to a non-profit financial advisor to get an answer about your liability.

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Donald G. Learned, Ed.S.
20th Judicial District Teen Court
Coordinator
2ll0 Kansas Ave.,
Great Bend, Ks. 67530
tc20ks@hotmail.com

I am employed by Barton County full time. I receive benefits from Barton County like all other employees such as health ins., vacation days, and etc. My liability is covered by the Barton County, so I do not have a problem. I receive a salary per hour and I work 40 hours per week.

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Wrigth County Teen Court
Nathan Miller Probation Officer
Wright County Court Services
10 2nd St, NW Rm 141
Buffalo, MN 55313
Phone: (763) 682-7712
nathan.miller@co.wright.mn.us

I am a probation officer and part of my job is to do the Teen Court Program. So I am covered by the County. But liability is a big concern with some of the locally based organizations. They have tried to solve the issue by hooking up with local schools in some manner so that they are covered by the school's policy.

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Brevard County Teen Court
Sid Ladow Teen Court Coordinator
Office of the State Attorney, 18th Circuit
2725 Judge Fran Jamieson Way Bldg. D
Viera, FL 32940
Phone: (321) 617-7294
Fax: (321) 617-7511
sladow@statty18.brevard.fl.us

The Brevard County, Florida Teen Court is in a very fortunate position. The Teen Court is owned and operated by the State Attorney's Office. We are co-located with the Juvenile Division. Cases are reviewed by an Assistant State Attorney Juvenile Division Intake Officer. The misdemeanor cases are made available to us but are not forced on us. We get to "pick and choose" from about 1500 cases a year. The Teen Court coordinator, secretary and the two case managers are all employees of the State of Florida. The Coordinator is a sworn law enforcement officer with 25 years of experience who does most of the intakes. An excellent insurance package is provided by the Office of the State Attorney. We do not have a Board of Governors. Funds to operate Teen Court are provided by Brevard County in accordance with a Florida Statute that allows judges to tack on an extra $3.00 for every court conviction and includes traffic tickets. This gives us in excess of $300,000.00 a year. We are about the happiest Teen Court around.....

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Valencia County Teen Court
Eugene Duran Teen Court Coordinator
Village of Los Lunas-Valencia Co.
P.O. Box 1209
Los Lunas, NM 87031
Phone: (505) 866-8041
Fax: (505) 866-8044
durane@ci.los-lunas.nm.us

Sounds like the agency in question is trying to start-up a Teen Court program with as little risk as possible. With the option of terminating the contract "at will" for any future reason. I feel this is a mistake. The political ramifications of this decision are to many to discuss here. A Teen Court Coordinator should not have to worry about every decision they make adversely affecting those who approve his/her contract. Teen Courts are political jobs. I wish someone had told me that when I started many years ago.

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Staci L. Moulton
Program Coordinator
Musselshell County
Youth Peer Court
122 Main Street
Roundup, MT 59072
Phone: (406) 323-2825
Fax: (406) 323-4000
ypc@midrivers.com

I would definitely consider this an issue in this day and age. My position is considered a part of the county government (under the County Attorneys office). While my program is fully grant funded running it under the umbrella of the county government allows me many benefits such as workers comp, medical, liability, sick and vacation time, etc... I have previously worked under contract and just stipulated that they provide liability coverage, workers comp. as well as medical benefits. If you are good at what you do and they want your service they will figure out a way to make it work and it will not cost them that much.

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David VanLandegen
Rock Island County
1503 3rd Ave.
Rock Island, IL 6121
Phone: (309) 788-3046
dvanlandegen@co.rock-island.il.us

I am confused as to how this is a "Civil Rights" issue, as the program is one that is agreed to by the minor and parents in our area. As for liability for injury, loss or tortuous acts. Illinois law (705 ILCS 405/1-12 protects us. I would also assume that if one were an employee of an agency, that agency insurance would cover the employee. As for a person under contract, I would want some assurance from the agency/board, otherwise, I think that this person should have some personal liability coverage.

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LaPine Teen Court
Mary Fleischmann Program Coordinator
P.O. Box 2035
La Pine, OR 97739
Phone: (541) 536-5002
Fax: (541) 536-5766
Mary_Engstrom@co.deschutes.or.us

My position is hired through the county and so liability is covered through the county---I am a staff person with the Deschutes County Sheriff's Dept.

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Pender County Teen Court
Jim Price
Community Mediation Center of Cape Fear, Inc.
P.O. 108-A Cinema Drive
Wilmington, NC 28403
Phone: (910) 362-8000
Fax: (910) 362-8008
cmcteencourt@aol.com

Our agency provides us with liability coverage. The agency runs a number of nonprofit community type programs. Liability coverage should always be figured into the grant application. Individuals should avoid "going it alone".

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Teen Court of Sarasota, Inc.
M. Kathleen Self Executive Director
P.O. Box 48927
Sarasota, FL 34230
Phone: (941) 951-4278
Fax: (941) 951-4277
fatc@gte.net

As a non-profit agency from the start of our program we used a Florida Statute that covers non-profits. However, our board members were not comfortable so as soon as we were able to develop some revenues we purchased liability insurance. The policy is for $1million and costs us approx. $1200 annually.

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Winnebago County Teen Court
Shirley Zahn Program Coordinator
504 Algoma Boulevard
Oshkosh, WI 54901
Phone: (920) 236-1120
Fax: (920) 303-3030
szahn@co.winnebago.wi.us

I am an employee of the county, so liability is covered.

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Kenai Peninsula Youth Court
Ginny Espenshade Coordinator
355 Pioneer Avenue, #103
Homer, AK 99603
Phone: (907) 235-4985
Fax: (907) 283-4017
youthct@xyz.net

The executive director in our program is an employee of the agency. Another consideration when making the employee/ contractor distinction is whether your position fits that categorization for tax purposes- there are clear restrictions on allowable contracting relationships, such as where you do your work, your discretion, etc. Our agency is getting board, staff and volunteer liability coverage through our affiliation as a United Way agency for a very reasonable cost.

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Santa Barbara Teen Court
Ramon Velazquez Lead Case Manager
The Council on Alcoholism and Drug Abuse
PO Box 28
Santa Barbara, CA 93102
Phone: (805) 963-1433
Fax: (805) 963-4022
teencrt@silcom.com

Staff of the Santa Barbara Teen Court are full-time employees of the parent agency, the Council on Alcoholism and Drug Abuse. The agency provides all liability insurance.

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Amy L. Goerlinger
Coordinator
Waupaca County Teen Court
811 Harding Street
Waupaca, WI 54981
Phone: (715) 258-6450
wcteencourt@hotmail.com

Waupaca County Teen Court had a lot of difficulties finding an insurer who would provide errors and omissions professional liability coverage for the two employees of our program. We contacted Complete Equity Markets, Inc. and they created a policy specifically for Youth Court programs. They would like to market it to other Teen Courts in the country who may be in need of insurance. The insurance is secured 100% by Lloyd's of London. If anyone is interested in the specifics of this policy I would encourage you to contact Betsy Thomas at Complete Equity Markets, (800) 323-6234 or in IL (847) 541-0900 or feel free to contact me directly.

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Tempe Justice Court Teen Court
William Graham Teen Court Moderator
1845 East Broadway., Ste. 8
Tempe, AZ 85282
Phone: (480) 966-0511
Fax: (480) 921-7413
DorothyTomkiewicz@mcjc.maricopa.gov

The first three years of my program, I was a county employee and all liability issues were paid. As I am currently classified as an 'independent contractor', there were no issues regarding liability for the last six years. However, as of last year, I am now required to have and to pay for myself a $1 million/$2 million auto policy AND a $1 million general liability policy. This costs me around $2000.00 annually. As I was going to leave the program as a result of this added cost, the county raised my hourly rate from one of the courts to the same rate of pay that I receive from the other court where I monitor Teen Court. (I coordinate Teen Court in two different justice courts here in Maricopa Co.) This additional money now pays for my liability and auto insurance which is now required by the State Superior Court. 

P.S. I am the only employee in the entire "contracted" work force with this agreement. My job could end anytime. I have no guarantee of employment, as I work under the direct supervision of two judges that I must keep happy, with the approval of the Maricopa County Juvenile Court, that I also must keep happy . One teen court is going into its 9th year and the other is in its 3rd year.

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Janeen Cochran, Director
Floyd County Teen Court
abbc@peoplepc.com

I worked the first 3 months on contract and was assured that the Depr. O Corrections and County Liability covered all aspects of Teen Court. Now my salary is paid thru Dept. of Corrections and it isn't an issue.

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