Scouting History
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LATEST POSTS
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Is the expectation that a birth certificate will be attached with every application? What about states that allow gender to be updated on a birth certificate, will we only accept the first print? -
Political winds change and lawsuits could come from the other direction in just a few years. Let's avoid a bunch of non lawyers on this forum from giving legal advice.
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By InquisitiveScouter · Posted
I just re-read this and saw the blurb above, too... National has issued no clarification on registration policy. No mention of it here: https://www.scoutingnewsroom.org/press-releases/scouting-america-statement-concerning-department-of-war-announcement/ Now, would someone please explain what this gobbledygook means? "Memorializing our existing practices for membership registration and safeguarding youth"(This from the email we all got on 27 Feb.) Here is the current registration policy, "It is the philosophy of Scouting to welcome all eligible youth, regardless of gender, race, ethnic background, sexual orientation, or gender identification, who are willing to accept Scouting’s values and meet any other requirements of membership." https://www.scouting.org/wp-content/uploads/2025/11/2025-Rules_Regulations_NEB-Approved-10.28.2025.pdf -------------------------- However, it seems Hegseth came away from the agreement with National with a different perception of what they had agreed upon... 3. “Scouting America will modify its policy to make clear that membership will be based solely on biological sex at birth and not gender identity. That means that the application, any application, will have only two sex designations, male and female. The application must match the applicant’s birth certificate. The secretary noted, “Scouting will also make clear that biological boys and girls will not be allowed to occupy or share intimate spaces together. Toilets, showers, tents, anywhere like that.” https://dailycitizen.focusonthefamily.com/can-scouting-america-be-trusted/ Watch the video link, particularly at timestamp 3:47. Over the weekend, the article says, Krone took a different tack... If Scouting America does not make those policy modifications, look for more pressure "...in the next six months." Here's an AP article also: https://apnews.com/article/scouting-america-pentagon-military-boy-scouts-14a5fc1521fcd1e51103638f6f504214 -
By InquisitiveScouter · Posted
Google is your friend... and so is your legal counsel. Key in on "negligence and failure to supervise" in the results below. Exposure could be ruled as abuse in many states. YMMV. Again, check with legal counsel in your state. As it would most likely be a civil case, there'd be a jury. So, it would ultimately be up to them. I underlined a pertinent point in there... I wholeheartedly believe a jury would see it as unreasonable on your part that you did not inform the minor's parents about the situation before any "damage" was done. I urge you to let the parents in your unit know (tactfully and discreetly) if there is a transgender child in the Troop, and allow them to decide the best course of action for their own child. ----------------------------------------------------------- Who Can Be Held Liable in These Cases? If a child was abused by another child, most state laws allow a civil claim against the people or organizations that had a duty to protect them. These third-party claims focus on negligence and failure to supervise. Potential defendants may include: Parents or legal guardians of the offending child If the parents knew their child posed a risk and failed to intervene, they may be held liable for failing to properly supervise or control their child’s behavior. Schools or teachers If the abuse happened at school or during school-related activities, the district may be liable for failing to supervise students, ignoring red flags, or allowing risky situations to occur. Daycare providers or babysitters These individuals and facilities have a legal duty to monitor children in their care. Allowing unsupervised contact, ignoring warning signs, or failing to act on complaints can result in civil liability. Churches, camps, or youth programs Any organization that oversees group activities for children must ensure that their staff follow clear guidelines for supervision and safety. Failing to separate children with behavioral issues or allowing unsafe environments may be grounds for a lawsuit. Therapists or counselors In rare cases, a professional who knew about harmful behaviors but did not report or address them may also face liability. What Must Be Proven in a Civil Claim? To succeed in a civil case involving peer-to-peer abuse, the legal team must show that the defendant acted negligently. This means proving that they failed to act in a way that a reasonable person or organization would have under similar circumstances. Examples of negligence may include: Leaving children unsupervised in restrooms, locker rooms, or private areas Ignoring reports or behavioral red flags about a child’s aggressive or sexual conduct Failing to separate children after an initial incident Not following school or program safety policies Failing to notify parents or law enforcement after a report Each case depends on the specific facts, including the age of the children involved, the setting, and whether adults had an opportunity to intervene. How Are These Cases Handled in Court? Courts treat these cases with care and seriousness. The goal is to protect the survivor while examining whether any adult or institution failed in their duty to provide a safe environment. Most civil cases involving minors are handled confidentially. Protective orders may be issued to keep the names of the children private. If the case moves forward, the court may appoint a guardian ad litem to represent the survivor’s best interests. Damages in these cases can include: Medical and mental health treatment Emotional pain and suffering Educational support or school changes Long-term therapy or trauma recovery services Punitive damages in cases of severe negligence Can These Cases Be Resolved Without a Trial? Yes. Many civil cases involving child abuse settle out of court. This can provide families with a resolution that includes financial support, institutional changes, or formal apologies without requiring a full trial. Attorneys works with families to decide the best course of action. Some prefer to pursue a public case to raise awareness, while others seek a private resolution focused on healing. Taking Action After Peer-to-Peer Abuse If your child has been harmed by another child, it is completely normal to feel overwhelmed and unsure about what steps to take next. These situations are emotionally complex and often come with a mix of shock, confusion, anger, and grief. Parents may question how this could happen, whether anyone noticed warning signs, and what can be done to protect their child moving forward. In many cases, families also struggle with silence. Schools, camps, or organizations may downplay the incident or attempt to resolve the matter quietly. Meanwhile, your child may be dealing with trauma, fear, or shame that makes it difficult for them to talk about what happened. You may feel alone in advocating for their safety and healing. -
Why would I have a lawsuit on my hands? I'm just doing what my Council is doing, we're continuing to sign up kids and not checking birth certificates.
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