Eagle1993

Here is how the excess fund will be funded. Basically from Responsible Insurers and Chartered Organizations. BSA & LCs will help by allowing judgements to go after insurance (but will not provide more money).

I would think so.

Overall, I don't see any major concerns with the proposed YPT changes. I think over time, it could improve safety. It is hard for me to know where we have issues today, so until I see the reports and updates from the committees & 3rd parties, I can't fully say.

I think what I will do is basically register most parents every year. Ask all parents ... hey, do you think you ever want to stay overnight? If so, let's get you registered now. Otherwise, you may not be able to attend overnight later on.

I don't think any process would be last minute. There is probably going to need to be some lead time to allow a background check.

Perhaps there is a leader registration (Scoutmaster, Cubmaster, etc.) that requires specific training and unit leadership. That could come with higher fees and perhaps more process. Then, perhaps, you can have a registered adult. They cannot sign off on rank, etc. However, they are registered, go through YPT and a background check. Perhaps the fees for registered adult could be kept very low ($10) to cover background check.

The organization BSA may partner with regarding YPT is Praesidium. (per foot notes) Home | Praesidium (praesidiuminc.com)

Those with strong cases and good attorneys within the SOL will fair ok. They can get up to 5 times the previous TDPs calculated. I don't understand how they fund this excess payment pool ... but I think it comes down to BSA experts estimate that there is already enough in the pool to cover these higher payments.

Here is the Cub Scout carve out: Cub Scout Programs (Overnight): Cub Scout parents or legal guardians taking part in an overnight program with their own child are not required to register as leaders but must review the BSA’s Barriers to Abuse with a unit leader before the activity. Cub Scout youth can only attend with and must be supervised by their own parent or legal guardian at all times, or a registered adult member of the BSA who is attending with their child. A registered leader must be present at any time the parent or legal guardian is with other youth members other than their own. Cub Scout camping is limited to a Local Council’s designated locations with appropriate facilities and Barriers to Abuse materials will be prominently posted at all locations for such programs.

Agreed. It was hard enough to copy over the primary language. I recommend reviewing the entire document.

I think this has been discussed enough here. In addition, we actually now have the updated YPT proposal in a different thread, so shutting this one down to prevent confusion.

Based on my read, the LC contribution remains unchanged, other than this: Contributing Chartered Organization Settlement Contribution shall no longer result in the Other Chartered Organizations becoming Contributing Chartered Organizations under the Plan. The $15 million cash component of the Supplemental LC Contribution and the $25 million increase in the DST Note shall both be reallocated and become the consideration given for the extension of the preliminary injunction. The $100 million Settlement Growth Payment from the BSA and Local Councils shall facilitate the protections to certain Chartered Organizations under the Plan but shall not be reduced or credited.

FYI ... I created a separate topic about YPT changes as those could drive a lot of discussions. SCOUTER Forum

I thought this deserved a dedicated topic. See changes below. Note that this is a long post, but wanted to include all of the changes as they are extensive. Non-Monetary Commitments. The BSA will not compromise the safety of our youth, volunteers, and employees. We are all responsible and must hold each other accountable to provide a safe environment for all participants. Safety is a value that must be taught and reinforced at every opportunity and nothing is more important than protecting our Scouts from abuse. BSA is dedicated to becoming the Gold Standard in abuse prevention. Because of this commitment, we are and will always seek to bolster our abuse prevention efforts. In furtherance of these efforts, the BSA shall take the following actions to promote healing and reconciliation and to continue the BSA’s efforts to prevent abuse from occurring in Scouting in the future: 1) Hire a Youth Protection Executive (“YPE”): No later than six months from the Effective Date, retain a youth protection executive with extensive expertise in the prevention, recognition, and response to abuse within institutions, whose responsibilities shall include all aspects of youth protection, including: a) Youth protection policies and training. b) Monitoring compliance with training requirements. c) Implementing and monitoring the youth protection champions in Local Councils, as part of an overall effort to adopt best practices and drive standardization of youth protection measures among Local Councils and Chartered Organizations. d) Advocating for continued, embedded youth protection culture in the BSA, among adults and Scouts. 2) On or as soon as practicable following the Effective Date, form a Youth Protection Committee (“YPC”): The BSA shall form a committee including members from the BSA, Local Councils, Chartered Organizations, and nominees of the Tort Claimants’ Committee, and nominees of the Survivors Working Group. Assuming there are a sufficient numbers willing to serve on the YPC, members nominated by the Tort Claimants’ Committee and the Survivors Working Group shall be in equal numbers, respectively, and shall, in combination, be at least half the total membership of the YPC. The YPE will present to the YPC no less than twice per year. a) The BSA will present to the YPC on the BSA’s current Youth Protection Program (the “Youth Protection Program”), including regarding the implementation of the actions set forth below, as soon as practical, but no later than six months from the Effective Date. b) The BSA will report annually to the YPC on changes to BSA’s Youth Protection Program, compliance in the field, and trends of abuse identified and addressed during the perio d between meetings. This report shall also be shared with the Organization (defined below) and each Local Council’s Executive Commitee. c) To the extent reasonably practicable, it is intended that the YPC be involved in all aspects of youth protection at the BSA, through discussion, consultation and review with the YPE. 3) Update Existing Policies: a) Update Scouting’s Barriers to Abuse: All adults staying overnight in connection with a Scouting activity must be registered as a leader or adult program participant.2 b) Update criminal background checks on all registered leaders every two years. All camp staff at long-term overnight camps and day camps will be registered as camp staff so as to receive a criminal background and VSD check annually. Camp staff will also be required to attend BSA’s Understanding and Preventing Youth on Youth Abuse Training during staff training and before they work with youth members at camp. c) Update policies and procedures related to, and provide additional guidance on, inappropriate physical and verbal interactions, gift-giving and the supervision of bathroom and shower areas. d) Consolidate all aspects of the BSA’s youth protection materials into a “Youth Protection Manual” and “Adult Leadership Manual” or similar structure to put requirements and resources in a centralized location. These materials should be consolidated and updated within 12 months of the Effective Date, in coordination with the YPE and the YPC. e) Update the BSA website main menu to specifically highlight BSA’s abuse prevention requirements, policies for conduct with youth, trainings and reporting procedures. 4) Review and Enhance Training Materials: a) Perform a comprehensive review of Youth Protection training to ensure the training is clinically evidence- and research-based and reflective of survivor-informed experiences, including but not limited to: i) Grooming techniques and case examples that demonstrate the need for early detection and reporting of suspected predatory behavior. ii) Use of more scenario-based training to help engage the learner and apply the information to “real life” scenarios, including the use of “safety moments” for youth members and adult leaders and parents based upon actual incidents. iii) Updated content on youth-to-youth abuse prevention, including how to identify and interrupt inappropriate behaviors that can lead to abuse. iv) The evaluation will be performed by the YPE in consultation with an independent organization (the “Organization”) with experience in evidence-based empirical research on the prevention of childhood abuse and neglect, including sexual abuse of children. The YPC will have the opportunity to interview entities and reasonable consent rights in the BSA’s selection of the Organization. 3 v) The materials shall be evaluated and updated by the YPE, in consultation with the Organization or a successor organization, every two years. b) Create and implement an annual refresher youth protection course for all leaders and parents who accompany Scouts on Scouting activities. The refresher will include but shall not be limited to reinforcing core content and BSA polices, including Scouting’s Barriers to Abuse requirements, reporting and responding to policy violations and reports of abuse. In addition, the refresher will include advanced information based on recent incident trends and technological advances implicating youth protection issues, including changes in the last year. 5) Conduct Additional Policy Review and Evaluation: a) The BSA will further work with the Organization to evaluate key issues, including but not limited to: i) How the BSA’s Youth Protection requirements are implemented at the local level. ii) Key roles in the organization that need advanced youth protection training. iii) Strategies to ensure there are no gaps between member registration dates and training expiration dates. iv) The extent to which monitoring and supervision practices are understood, implemented, and enforced in Scouting programs, including in various Scouts programs (including camps and High Adventure Base programs). v) Potential risks unique to specific Scouting programs, including programs where youth assume leadership and/or employment positions. vi) Additional guidelines for overnight activities, including tenting and lodging and cabin accommodations. vii) Potential risks relating to female Scouts. viii) Attitudes and behavior towards diverse Scouts and cultures. ix) How Local Councils and Chartered Organizations can provide a trauma-informed response to individuals who come forward to report abuse and identify necessary resources for this function. x) Potential additional camp-specific risks and policies and procedures. b) The evaluation will be provided to the YPE and YPC on the specific issues above, as well as its assessment of the current Youth Protection Program. Specific recommendations for additional reasonable improvements to the Youth Protection Program will be considered and implemented by the BSA. c) Changes to the Youth Protection Program will be reflected on the BSA’s website and training will be reasonably adjusted to reflect changes. d) The items recommended and adopted, as well as the items recommended and rejected or modified by the BSA, will be reported to the Organization, the YPC, and each Local Council’s Executive Committee, along with the reasoning behind any rejected or modified recommendations. 6) Further Focus on Youth Protection as Part of Scouting Programming: a) The BSA will work with subject-matter experts to continue to review, develop and implement youth protection training to help Scouts learn to recognize abuse, react to protect themselves, and tell a trusted adult. This will be embedded and required at every rank in each program of Scouting. Materials will include meeting plans and resources for youth, parents, and leaders. These rank advancement requirements will be age-appropriate and may include opportunities for Scouts to learn about subjects such as smart choices online (cyber bullying/grooming); being an upstander not a bystander; grooming techniques and sexual abuse; safe touch and unsafe touch; sexual peer pressure; sexual abuse in the family; bullying and hazing; and other expert-informed subjects. b) The BSA will designate one month per year to emphasize the importance of youth protection and preventing child sexual abuse throughout Scouting programs. This annual campaign will be dedicated to raising awareness and preventing child abuse within Scouting and throughout society. This focused campaign will be implemented at the unit, council, and national level. 7) Enhance Incident Reporting: a) The BSA, together with the YPE, shall provide confidential quarterly summary reports to the NEC, Audit and Risk Management Committee, and YPC (including the Organization), on all child sexual abuse incidents that result in a youth or adult offender being placed on the Volunteer Screening Database. b) Incidents that result in a youth or adult offender being placed on the Volunteer Screening Database for child sexual abuse must be reported to the affected Troop’s parents, volunteers associated with the affected Troop, and the affected Charter Organization. 4 The Local Council will provide notification to its Executive Committee. Notification will also be provided to the the YPE, YPC, and the Organization as part of the summary reports required by 7(a). 8)Enhance Auditing Requirements: Local Councils will be required to submit evidence of compliance with youth protection and membership standard guidelines, including training, incident review and reporting. The evidence will be provided to the YPE, the Organization, and the YPC. The YPE shall work with the Organization to assess this compliance, and shall provide the YPC with its and the Organizations conclusions in that regard. 9) Form Unit Leader Working Groups: In connection with the YPC, Local Councils, and Chartered Organizations establish unit leaders’ working groups to regularly identify, discuss and develop additional ways to protect youth in Scouting, which could include, for example: a) Improving the implementation of Scouting’s Barriers to Abuse to help prevent incidents in the areas with higher risk potential. b) Appropriate supervision during nighttime or sleep hours, bathroom and shower facilities. c) Observed inappropriate youth behavior. d) How to continuously reinforce youth safety to parents, youth and leaders. e) Standardization of best practices across Local Councils and Chartered Organizations. 10) Expand Survivor Representation: a) As required by the BSA by-laws, an otherwise qualified survivor of abuse in Scouting shall be nominated to serve and shall be placed on the National Executive Board of the BSA. (The criteria for selecting this Board member will be the same as the criteria for the other Board members.) b) The BSA and AHCLC will recommend that each Local Council agree to nominate and place an otherwise qualified survivor of abuse in Scouting on their local council board at all times. (The criteria for selecting these Board members will be the same as the criteria for the other board members.) c) It is the intention of the BSA and the AHCLC that the presence of Survivors on such boards is emblematic of a sincere effort to listen to survivors’ voices. In addition, the BSA and Local Councils will explore with the YPC additional measures to expand survivor representation, including recruiting survivors to the BSA and Local Council boards. 11) Promote Survivor Recognition and Remembrance: a) In consultation with the YPC, design and install a place of remembrance for all child sexual abuse survivors at a prominent location at each of the BSA’s High Adventure Bases, which will serve as a nationally recognized statement of BSA’s commitment to recognize the abuses of the past and to prevent abuse in the future. The BSA shall encourage Local Councils to consider similar opportunities. b) Create a Survivor-Focused Path to Eagle Scout, where pursuit of Eagle requirements was not continued because of Abuse-related reasons. Input from the YPC will be solicited. c) Survivor Scouter Pin: In consultation with the YPC, create a recognition, e.g. the “Phoenix” award, to honor survivors that despite the pain and suffering they endured as a youth, were able to break through the despair and provide value and honor to themselves and their community. 12) Support a Youth Protection Seminar: The BSA, under the leadership of the YPE, will coordinate with Local Councils and Chartered Organizations to plan a Youth Protection Seminar for Scout Executives, volunteer leaders and other key constituents, to foster sharing of best practices and information regarding youth protection trends. 13) Volunteer Screening Database a) The BSA will work with the YPC to assess how the names of adult perpetrators of child sexual abuse in Scouting and other information can be made public or used in connection with a database accessible to other youth serving organizations. Specifically, the BSA agrees to work with the YPC on a protocol that makes confirmed past child abusers in Scouting, and future confirmed child abusers in Scouting, publicly known. b) The protocol will take into account factors including: (i) the desire to make public adult perpetrators of child sexual abuse in Scouting; (ii) adequate protections for survivor identities; (iii) consideration regarding the protection of third parties, including survivor family members and volunteers; (iv) a notification process regarding any publication; (v) issues related to privacy and liability related to publication; and (vi) the potential appointment or retention of an appropriate neutral party to supervise the evaluation and review of the VSD. c) The BSA will take a leadership role and re-engage with other YSOs and agencies including but not limited to the National Center for Missing and Exploited Children to explore the feasibility of and advocate for a shared national database of adults who have been excluded from working with youths for youth protection related offenses. d) The Trust Agreement shall be modified to provide the Settlement Trustee with the authority to request an order of the Bankruptcy Court relating to the publication of materials included in the VSD, no earlier than one year after the Effective Date. The Plan shall be amended to specifically provide that the Bankruptcy Court retain jurisdiction to adjudicate such request. All parties in interest, including the Reorganized Debtors, shall have the right to object to and contest any request made by the Settlement Trustee. 14) Prospective Reporting: a) The BSA is committed to working with the YPC to discuss and improve transparency and accountability with respect to any future instances of sexual abuse, including the dissemination of information relating to abuse statistics, consistent with practices of other youth-serving organizations, and what information may be appropriately made available on the BSA’s website. b) The BSA also agrees to work with the YPC on a protocol to ensure that at the request of a Scout parent or legal guardian, summary information regarding youth or adult offenders being placed on the Volunteer Screening Database for child sexual abuse for a specific Troop or unit is provided. The BSA agrees to finalize this protocol no later than 6 months following the Effective Date. 15) Youth Protection Leadership a) The BSA will continue to engage with youth protection experts to monitor best practices utilized by youth serving organizations, and will work with the YPC to continue to explore partnership opportunities, including with academic institutions and other youth protection organizations, to collaborate and share data, including consideration of factor-based analysis and other methodologies to prevent abuse. 5 b) The BSA will work with the YPC to take a leadership role in youth protection, including: i) Supporting federal legislation for certified volunteer programs, unsuitable leader reporting and a database for youth serving organizations or those added into database. ii) Holding a meeting, at least once every two years, with recognized sexual abuse experts and other similarly situated organizations to discuss best practices and innovations in youth protection.

The Roman Catholic Church was very upset during the past couple of hearings. The UMC and LDS didn't sign onto this updated plan. I'll have to read this more later, but I think the BSA had to make a decision. Save national & LCs and allow COs to get hit harder than the initial plan. I would not be surprised to see many COs leave the program. BSA should get ready for a new way to charter units. Just my guess after reading through this once and seeing the Roman Catholic Church committee lawyer at a hearing. To be fair, there is still a path for COs to settle, but it involves their insurance coverage and payment and if they vote against this they lose all protections. It could get ugly unless I am misreading the updates.

Prof. Jacoby (@melissabjacoby) / Twitter has a tweet thread about this update. Basically, there are still non-consensual non debtor releases. She concludes: That is the big question. It is key that Zalkin & TCC are on board, and it should push acceptance to >>75%. However, major hurdles to clear and I don't think many if any of the Trustee's objections have been addressed.

If a claimant goes through the neutral party analysis, the assign away their rights to sue a CO and it looks like the trust can then sue that CO and its insurance company. I'll need to read this 12 times to even start to understand it .... but it really appears that COs, who are liable, could have their insurance pulled in. I can see why they did not sign on. Note that if a CO rejects this plan, it appears they lose protection even post 1976 ... but still reading through this.

BSA, TCC, FCR, Coalition, Ad Hoc LC Committee, Pfau/Zalkin reached agreement on this term sheet. Please note that the CO Committees were not listed. Other state court counsels also agree. Link Here Pfau/Zalkin & state court counsels will attempt to get their clients to change votes from Reject to Accept. Changes to many sections (note this is current list/understanding, will clarify more in comments): Definition of abuse claim and addition of a new "mixed claim" where mixed claims are claims of abuse in and out of scouting against an entity. Update to Trust Distribution and a new independent review process, paid by the claimant, that could lead to payouts equal to what they would have seen in state court. Chartered org settlement changes. TCJC and Methodists are pretty much unchanged. Other charters must pay to be in the settlement. Insurers ... no major changes to settled insurers, except disagreement of Century regulatory finding. Process laid out for new insurer settlements. LC Settlement ... the additional LC/BSA payments added to protect COs will no longer protect COs. They go to the plan. BSA ... will exit with less cash than prior versions. Each month this goes on, they will exit with less (last plan actually had them exit with more the longer this went on). No agreement on expert reports ... this will be discussed later. YPT ... 72 hour rule gone in Scouts BSA (everyone registered). More training for youth, leaders. More reporting. YPT leader to be hired. Committees to be formed. More supervision at bath/shower areas. Agreement on document sharing including IVF. Update to settlement trust committee/leadership. Direct payments to Coalition, Pfau/Zalkin will be allowed, only to the extent to cover expenses related to restructuring. To follow bankruptcy law. TCC now supports plan (outside expert valuation part). State Court counsels do as well, and will work on getting votes update.

Locking to start update topic. New topic here: SCOUTER Forum

TCC just filed an objection under seal. Based on the title it is about the value of abuse claims.

I wouldn't. They said this was signed in 1991. It was probably paper and put away in a filing cabinet. The individuals who were involved are likely dead or long retired. BSA has been pretty clear as to restricted vs unrestricted property. My guess is that this is a surprise. Also, the objectors could be wrong.

I was at Klondike this past weekend and am extremely pessimistic about our future. The energy I see across Troops and patrols is dying. The number of participants down ... Flat to our Covid one. Our Troop had 3 patrols, most had 2 or 1. Girls seem to be on the decline... only 1 full girl patrol and they are all getting old. I know recruiting went well vs Covid, but many Troops seem to be barely holding on. My Troop of 44 only had 2 scouts camp overnight. More were signed up but had adults present drive them home for various reasons. 3 years ago we had 35 camp out. 3 years ago we had 360 scouts/scouters at Klondike... This year 220. Kids have seemed to get used to playing with friends, having down time and enjoying the non scouting aspects of life. It would be one thing if it was only my Troop, but camp was empty everywhere. These are far more important indicators than number of online MBs earned or cub scouts recruited. Very concerning weekend. I need to help fix my Troop but I am very worried about what I saw this weekend.

It's late on the 9th. No objections from the TCC or any updates really from mediation parties. The only mediation party that objected is the Roman Catholic Church. No updated plan. Status conference in about 40 hours.

There appears to be two points. The copyright and the actual paintings. It would be interesting if the agreement clearly stated dual ownership of the paintings vs just the copyright to reprint.

More objections are coming in. Sounds like they are due in 15 mins. a6eadea4-101c-4c41-b171-e4659b3d8f08_8748.pdf (omniagentsolutions.com) I found the above interesting. This is a claim that BSA does not own the Norman Rockwell artwork and therefore, cannot give it to the trust.