Specific questions about new Youth Protection Policy

I start another thread on this topic to address some specific questions about the new Youth Protection Policy. The background check is being discussed ad nauseum on another thread, and I would like this one to focus on issues with the policy. I would like HQ to address these questions on this forum, and I am posting them here rather than contacting them directly because I think the answers would be of interest to everyone.

1. Under 8 (b)- Photography, it states that volunteers are prohibited from taking photos of youth and posting them on social media. Later in the paragraph, it contradicts itself and says that photos may be taken by a designated photographer and turned over to the person in charge, who can use them as "he or she deems appropriate." Our chapter has a designated photographer who posts the photos taken to a chapter Young Eagles Facebook page that we created for this purpose, and that we share with parents and kids and invite them to view the photos there. The photos are usually of the kid(s), the pilot and the airplane. Clearly we deem this appropriate. Will this activity be permitted under the policy?

2. Under 7 (d) kids are prohibited from overnight activities or trips. My chapter does weekend fly-out camping trips on occasion. Would this policy prevent a member from bringing their minor child/ grandchild along?

3. On the Waiver and Permission Slip Matrix, the last footnote indicates that records should be kept "longer if required by your State's Statute of Limitations." Statute of limitations for what? Civil lawsuit, or potential criminal investigation? As a data point, in EAA's home state of Wisconsin, there is no statute of limitations in place for sex crimes against children, so this requirement effectively requires the chapter to keep these records forever. Was this the intent? Could you please clarify?

I must also ask: what will be the changes to Airventure volunteer policy to comply with the new youth protection policy?

Now is the time for some of us to be making travel plans. I need to know if my children will still be allowed to volunteer.

Still unanswered, may individual members continue to fly individual YE without all this hassenphoof for the rallies? I'll stop using the forms if y'all say so, but do those kids miss out on the Sporty's online ground school?

New topic, since national is a 501c3 and many chapters are 501c3. Thus not the same legal entities. I'm not a lawyer but I watched Perry Mason a lot. Is any of this mandatory for those chapters? If so, why?

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Originally Posted by Mike M

Still unanswered, may individual members continue to fly individual YE without all this hassenphoof for the rallies? I'll stop using the forms if y'all say so, but do those kids miss out on the Sporty's online ground school?

New topic, since national is a 501c3 and many chapters are 501c3. Thus not the same legal entities. I'm not a lawyer but I watched Perry Mason a lot. Is any of this mandatory for those chapters? If so, why?

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Access to the Sporty's online ground school is with an access code on the log book given to each Young Eagle. Just get some log books and they will be able to take the ground school.

Whether 501c3 or not the EAA and each chapter is a corporation and each is a separate entity. I don't know what Perry Mason would say about this. EAA has some leverage over chapter activities and if a chapter is negligent in some way in the eyes of the EAA, EAA could revoke their charter.

Much of the guidelines are basically copy and paste from the rules set out by other organizations with some rewording to avoid an accusation of plagiarism. One organization even suggests the involvement of law enforcement.

The entire set of rules is over kill. There are enough adults and parents at any chapter activity to provide protection for youth without setting out a huge set of onerous rules that will only damage the Young Eagles program.

As we know, EAA is picking up the cost of the background checks, which I believe is $5. Is that coming from EAA's budget, from Young Eagles funds, or a combination since the program applies to all youth programs?
Will this have an affect on the traditional credits issued to pilots who have flown 10 or more YEs in a year?

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Originally Posted by Jeff Point

I start another thread on this topic to address some specific questions about the new Youth Protection Policy. The background check is being discussed ad nauseum on another thread, and I would like this one to focus on issues with the policy. I would like HQ to address these questions on this forum, and I am posting them here rather than contacting them directly because I think the answers would be of interest to everyone.

1. Under 8 (b)- Photography, it states that volunteers are prohibited from taking photos of youth and posting them on social media. Later in the paragraph, it contradicts itself and says that photos may be taken by a designated photographer and turned over to the person in charge, who can use them as "he or she deems appropriate." Our chapter has a designated photographer who posts the photos taken to a chapter Young Eagles Facebook page that we created for this purpose, and that we share with parents and kids and invite them to view the photos there. The photos are usually of the kid(s), the pilot and the airplane. Clearly we deem this appropriate. Will this activity be permitted under the policy?

2. Under 7 (d) kids are prohibited from overnight activities or trips. My chapter does weekend fly-out camping trips on occasion. Would this policy prevent a member from bringing their minor child/ grandchild along?

3. On the Waiver and Permission Slip Matrix, the last footnote indicates that records should be kept "longer if required by your State's Statute of Limitations." Statute of limitations for what? Civil lawsuit, or potential criminal investigation? As a data point, in EAA's home state of Wisconsin, there is no statute of limitations in place for sex crimes against children, so this requirement effectively requires the chapter to keep these records forever. Was this the intent? Could you please clarify?

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Jeff:

I realize that it has been only 25 days since you asked, and your questions are really complex, and you asked for the answers to be posted here for everyone to benefit from, and there have been no answers here, but have you gotten an answer elsewhere?


BJC

It behooves you to have permission before you use any minor's photos in publication (notwithstanding whatever the YPP policy is). The Smithsonian has a guy running around with release forms at many of their public events. They have a great shot of a kid in the Engen tower playing with a toy airplane with airplanes on the ramp behind him. Problem is that there's no photo release (and in fact, nobody knows who the kid is so they can't get it) so it can't be used.

I'm still waiting to know when or if we will be notified of changes to the YPP. There has already been at least one change.

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Originally Posted by Byron J. Covey

Jeff:

I realize that it has been only 25 days since you asked, and your questions are really complex, and you asked for the answers to be posted here for everyone to benefit from, and there have been no answers here, but have you gotten an answer elsewhere?


BJC

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Not directly, no. Question 1 was sort of addressed in the other, longer thread. The other two are still a mystery.

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Originally Posted by Mike M

Still unanswered, may individual members continue to fly individual YE without all this hassenphoof for the rallies?

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Hmmmm...that's an interesting question.

Page 2 of the YPP says, that all Young Eagles pilots must complete the training and background check "Before they may interact with Youth in any EAA-related program or event."

Certainly an individual Young Eagles flight could be considered an "EAA-related event," since EAA's name is invoked; should something untoward happen during the flight, the parents would certainly come after EAA.

It sounds to me that, at minimum, you'd have to call your local YE coordinator and have him/her verify your training/background check status prior to offering the flight. And it seems like someone will have to record that the check was made. More paperwork...retained how long?

Then there's also Page 5: "Staff and volunteers may not initiate meetings or interactions, or extend their relationship with any Youth to other activities (except for supervision in other sponsored and organized Youth activities)." (emphasis added) An individual YE flight would not be considered a "sponsored or organized" youth activity. So....what does that mean for offering the next-door kid a YE flight?

Ah, I'm getting nostalgic for the simple clarity of Part 91.... :-)

Ron Wanttaja

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Originally Posted by Jeff Point

Not directly, no. Question 1 was sort of addressed in the other, longer thread. The other two are still a mystery.

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To paraphrase Larry, the cable guy, "I don't care who you are, that right there is a problem."

Is anyone at HQ comcerned about this situation?


BJC

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Originally Posted by Byron J. Covey

To paraphrase Larry, the cable guy, "I don't care who you are, that right there is a problem."

Is anyone at HQ comcerned about this situation?


BJC

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I don't mean to be vague or evasive but there is a communication going out this week that should address most questions. Let's hold off till that is sent out and if there are further questions from there I will do what I can to help.

Thanks,
Eric

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Originally Posted by Eric Cernjar

I don't mean to be vague or evasive but there is a communication going out this week that should address most questions. Let's hold off till that is sent out and if there are further questions from there I will do what I can to help.

Thanks,
Eric

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Thanks Eric.

This issue needs to be resolved to the mutual satisfaction of the YE volunteers, general membership, and those charged with keeping the operation compliant with the EAA-s charter and or by-laws, (even though they do not seem to exist), as soon as possible.


BJC

What a mess. There is no sanity anywhere in this program. One must indeed question the sanity of our esteemed officials at headquarters.

The threads have quite a bit of outdated information at this point. There have been several changes to the policy to address some of the things that could be addressed. There will be a webinar on the topic on Monday, March 14th to help folks understand the policy.