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Legal Dos and Donts Drew Carberry, Director Faith & Communities Engaged in Service National Crime Prevention Council.

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Presentation on theme: "Legal Dos and Donts Drew Carberry, Director Faith & Communities Engaged in Service National Crime Prevention Council."— Presentation transcript:

1 Legal Dos and Donts Drew Carberry, Director Faith & Communities Engaged in Service National Crime Prevention Council

2 2 Overview of FBCI Work of Faith-Based Organizations Not New Executive Orders White House Office for Faith-based and Community Initiatives Cabinet Level Faith-Based Centers Purpose: – Leveling the Playing Field

3 National Crime Prevention Council 3 FBCI: National Overview The Faith-Based and Community Initiatives (FBCI) intent is to level the playing field for community organizations (secular and faith-based) to partner with the federal government. – In January 2001, President Bush signed executive orders requiring five agencies to set up offices to respond to this initiative. In December 2002, he added two additional agencies. – The current federal agencies with FBCI centers are Agency for International Development, Agriculture, Commerce, Education, Health and Human Services, Homeland Security, Housing and Urban Development, Justice, Labor, Small Business Administration and Veterans Affairs.

4 National Crime Prevention Council 4 FBCI: National Overview Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Section 104 (Charitable Choice) – Charitable Choice widens the ability for faith-based providers to use federal funds in providing welfare service, while maintaining their own integrity and autonomy Supreme Court: Zelman v. Simmons-Harris 2002 upheld and strengthened the governments ability to engage faith-based service providers.

5 National Crime Prevention Council 5 FBCI: Goals for 2005-2006 Goal One: Meet human needs through diverse, high-quality service programs by empowering communities to recruit volunteers to assist with the mentorship of children of inmates and ex- offenders upon reentry. Goal Two: Continue to remove barriers and (create equal access for FBCIs) level the playing field with emphasis on modeling at the state commission (Governors FBCI) and city partnership levels. Increase private sector leverage to sustain and strengthen grassroots initiatives. Goal Three: Increase service programs and participants in faith- based and other community-based organizations.

6 National Crime Prevention Council 6 Legal Dos: Whats Okay? Summary of Legal Analysis Direct financial support from federal agencies to faith-based organizations is permitted for secular activity Indirect support (vouchers, beneficiary choice) is allowed as long as there is a genuine, independent choice among religious and secular options Faith-based organizations are permitted to retain their religious identity

7 National Crime Prevention Council 7 Legal Dos: Whats Okay? Summary of Legal Analysis Faith-based organizations are generally exempt from employment discrimination based on religion Federal funds can pay for staffs time so long as that time is not being used for religious instruction, worship, or proselytization Services provided are available to everyone

8 National Crime Prevention Council 8 Legal Dos: Whats Okay? Helpful Hints for FBOs Separate religious and secular (federally funded) activities by space and/or time Create separate bank accounts for federal or government funding for secular activities Anticipate how to handle potential conflicts or issues that might arise related to the specific program or activity

9 National Crime Prevention Council 9 Legal Dos and Donts: Inherently religious activities may not include… Religious instruction Religious worship Religious proselytization

10 National Crime Prevention Council 10 Ways FBOs can help: Meeting Space Communication/Education Dissemination Coalition Member Sponsor alcohol free activities for youth Volunteers Consistent messages from pulpit, activities Parent training Accountability/Expectations

11 National Crime Prevention Council 11 Partnerships Partnering with CNCS programs can be valuable resource for smaller organizations Can help implement projects or ideas that require special funding or assistance Resources are available to FBOs and CBOs interesting in applying for CNCS funding

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14 National Crime Prevention Council14 Course is interactive

15 National Crime Prevention Council15

16 What Should I Do Next? Visit the website and sign up for FBCIList Find your local partners All are asked to leverage volunteers All are asked to work with faith-based and community organizations

17 CONTACTS State Commissions CNCS State Program Office (federal) State Program Director Faith-Based and Community Initiatives Alison Fritz, Director

18 National Crime Prevention Council 18 Resources White House Office of Faith-Based and Community Initiatives Corporation for National and Community Service Roundtable on Religion and Social Welfare Policy National Crime Prevention Council - Faith and Communities Engaged in Service

19 National Crime Prevention Council 19 Other Resources List of intermediaries (included) Yearbook of American and Canadian Churches White House publication: Federal Funds for Organizations that Help Those in Need Private Funders (e.g. Faith in Action) Community Service Block Grants

20 National Crime Prevention Council 20 Faith and Communities Engaged in Service Drew Carberry, Director Jeanne Cure, Program Associate (202) (202) 261-4133 1000 Connecticut Avenue NW, 13 th Floor Washington, DC 20036 Phone: 202-466-6272 Fax: 202-296-1356 The National Crime Prevention Council

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