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Legal Smarts: Best Practices of Faith and Health Partnerships

Legal Smarts: Best Practices of Faith and Health Partnerships. American Public Health Association December 12, 2005 Melissa Rogers. Partnerships with Government. Non-financial collaboration Financial collaboration. First Amendment to the U.S. Constitution.

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Legal Smarts: Best Practices of Faith and Health Partnerships

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  1. Legal Smarts: Best Practices of Faith and Health Partnerships American Public Health Association December 12, 2005 Melissa Rogers

  2. Partnerships with Government • Non-financial collaboration • Financial collaboration

  3. First Amendment to the U.S. Constitution Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; . . .

  4. Some Other Sources of Law • Federal laws and regulations • State constitutions, laws and regulations • City ordinances

  5. Legal Requirements Legal requirements may vary depending on: • specific government program; • specific type of government aid; and • state and local law. Also note: litigation and legislative processes may create relevant new law.

  6. Seek Advice of an Attorney Seek advice of an attorney who will consider your specific situation and the application of law (federal, state and local) to it.

  7. Nondiscrimination against Beneficiaries; Right to Secular Alternative • Non-discrimination on the basis of beneficiaries’ religious affiliations or beliefs (or lack thereof) • Right to an alternate provider (secular provider)

  8. Direct Aid and Indirect Aid Some legal responsibilities may depend on whether government aid is direct (e.g., grants or contracts) or indirect (e.g., vouchers or certificates).

  9. Direct Aid • Religious activities (including worship, religious instruction and evangelism) must be paid for with private money, not government money • Religious activities must be separated from the government program in time or location • Participation in any religious activities must be purely voluntary

  10. Indirect Aid Under certain circumstances, programs funded with indirect aid aren’t subject to the same requirements that apply to direct aid.

  11. Employment Discrimination on the Basis of Religion • Privately funded jobs • Government-funded jobs

  12. Regulation and Monitoring • Regulation that follows government funds • Government monitoring for compliance with standards, including church-state standards

  13. Religious Character and Autonomy • Religious name and religious references in mission statements • Religious symbols and art • Other aspects of religious character and autonomy

  14. Some Types of Religious Providers • Churches and other houses of worship • Separate 501(c)(3) organizations

  15. Segregation of Funds; Advice of Accountant • Segregate government funds from non- government funds • Consult with an accountant regarding financial reporting and audits

  16. Transparency • Government to religious provider • Religious provider to government • Religious provider to beneficiaries

  17. Employee Education • Written guidelines • Workshops • Trouble-shooting

  18. For More Information Roundtable on Religion and Social Welfare Policy www.religionandsocialpolicy.org FASTEN (Faith and Service Technical Education Network) www.fastennetwork.org

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