Reviver Statutes Remind Us Why—and How—To Improve Recordkeeping
Creating safe environments for children and vulnerable individuals is a moral and legal responsibility for many social service organizations. As survivors of abuse continue to come forward—sometimes years or even decades after the harm occurred—organizations must be prepared to respond with transparency.
Reviver statutes, also known as “lookback windows,” allow survivors of sexual abuse to file civil claims after the original statute of limitations has expired. These laws acknowledge that trauma can delay disclosure and that survivors deserve the opportunity to be heard when they are ready.
While these statutes are a step forward for justice, they also present challenges for organizations that may lack the historical records necessary to respond to claims. These statutes have presented special challenges for social service organizations, insurance carriers and others in states where such changes have been adopted, including New York, California, New Jersey, North Carolina, Vermont and others.
The Role of Recordkeeping in Abuse Prevention and Response
To help support survivors, protect vulnerable populations and ensure legal defensibility, organizations must prioritize comprehensive, trauma-informed recordkeeping practices:
1. Permanent Retention of Key Records
- Background checks should be completed for all staff and volunteers who work with children or vulnerable individuals.
- Abuse prevention policies and procedures should be implemented and archived to show historical compliance.
- Training records should be maintained, including dates, content and participant sign-offs.
- Incident reports should be completed and recorded, even if no formal action was taken, to help ensure transparency and accountability.
- Facility safety assessments should be tracked along with any resulting improvements.
2. Digitization and Secure Storage
- Convert paper records to digital formats to help ensure long-term preservation.
- Use secure access-controlled systems to help protect sensitive information.
- Establish consistent naming and archiving protocols for easy retrieval.
3. Insurance Documentation
Maintain a historical record of liability insurance coverage, including the following:
- Policy numbers and dates
- Coverage limits
- Contact information for brokers or agents
4. Flagging and Preserving Sensitive Information
- When concerns or allegations arise, flag and retain all related documentation indefinitely, even if no formal report is filed.
- Work with legal counsel to help ensure compliance with privacy laws and survivor protections.
5. Contractual and Legal Considerations
- Where possible, negotiate contracts to allow for extended or permanent retention of abuse-related records.
- Stay informed about state-specific laws regarding data retention and mandated reporting.
Real-World Consequences of Inadequate Recordkeeping
In several high-profile cases, the absence of documentation has led to significant financial and reputational consequences:
- In 2023, a camp counselor in California from the 1980s was accused of abusing three adolescent campers. Following the accusation, two more alleged victims came forward. The camp did not have records of employee screening or background checking prior to 2003. The claimants demanded $15 million in damages, and defense costs were over $1.5 million.
- In 2021, a substitute teacher at a private school in 1995 and 1996 was accused of having an ongoing sexual relationship with a 13-year-old student. The school had no records of their past abuse prevention policies or background checking records, and they were unable to determine who their insurance carrier was at the time.
Supporting Prevention Through Written Policies, Procedures and Training
While recordkeeping is foundational, it must be part of a broader survivor-informed prevention strategy. This should include the following:
- Screening: Use trusted services to conduct thorough background checks and behavioral interviews.
- Policies: Implement clear and enforceable rules that prioritize safety and transparency.
- Training: Provide annual documented training on abuse prevention, grooming behaviors and reporting protocols.
- Reporting: Create safe, confidential and accessible channels for reporting concerns. Anonymous tools like StopIt can empower individuals to speak up.
- Facility Safety: Make physical improvements (e.g., open-door policies, camera installation) to reduce risk and increase visibility.
Explore our Abuse Prevention resources to access practical tools, policy templates and training guides that can help you build a culture of safety, accountability and trust.
