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SYNOD OF THE SUN
Stated Meeting – April 27-29, 2006
Highland Park Presbyterian Church – Dallas, Texas
Appendix D
The Covenant Between
Presbyterian Children's Homes and Services
and the
Synod of the Sun, Presbyterian Church (U.S.A.)
Article One Nature of the Covenant
1.01.
Covenant Relationships in General. The
relationship that exists between Presbyterian Children's Homes
and Services ("PCHAS") and the Synod of the Sun, Presbyterian
Church (U.S.A.), Inc. ("the Synod") shall be defined and
characterized by the word "covenant." The term "covenant" has
found its highest expression among God's people. Thus, covenant
within the family of God implies the deepest level of trust
between covenanting parties and of commitment to one another. A
Christian covenant is a living agreement, offering vast
opportunities for creative adaptation to meet changing
conditions.
1.02.
Confirmation of the Covenant Relationship. PCHAS
and the Synod hereby confirm their covenant relationship
recognizing that the life and work of each is enriched and made
more dynamic through this relationship and also recognizing that
each party has its own role that can be strengthened through the
mutual exchange of ideas, resources, and support for the mission
of the other.
1.03.
Purpose of this Document. This document is a
current statement of the covenant relationship between PCHAS and
the Synod and of the mutual expectations and commitments that
provide the basis for review and evaluation of the work done by
PCHAS and the fulfillment of the Synod's responsibilities to
PCHAS. It is intended that this covenant be legally binding on
both parties and that the governing documents of each party not
be inconsistent with this covenant.
Article Two Parties to the Covenant
2.01.
Presbyterian Children's Homes and Services.
Presbyterian Children's Homes and Services is a Texas nonprofit
corporation resulting from the merger on January 1, 2002, of
Presbyterian Children's Homes ("PCH") and Presbyterian
Children's Services, Inc., of the Synod of the Sun ("PCS").
(a)
Presbyterian Children's Homes. PCH was a Texas
nonprofit corporation originally chartered on December 31, 1904.
The genesis of PCH occurred in Dallas, Texas, where a children's
home was established by the Ladies Missionary Society of First
Presbyterian Church in 1902. At the Society's request, the Synod
of Texas of the Presbyterian Church in the U.S. assumed control
of the home in October 1903. Later, the Synods of Arkansas and
Oklahoma joined in support. A strong relationship continuously
existed between PCH and these synods and their successors. The
first written confirmation of the covenant relationship between
PCH and the Synod was adopted in 1984 and renewed unchanged in
1989. PCH developed and maintained programs in areas throughout
Texas.
(b)
Presbyterian Children's Services. It was in early
1916 that a group of concerned and caring Presbyterians
responded to a need and opened Reynolds Presbyterian Orphanage
and School in the small west Texas community of Albany. The Home
served needy children in that area under the direction of the
Presbytery of Abilene until economics necessitated a move to
Dallas in 1923, and the agency came under the care of the
Presbytery of Dallas. The Home weathered the difficult years of
the 20's and 30's and continued to serve children in that
location until 1960, when it relocated to a new campus in
Waxahachie. The name was then changed to United Presbyterian
Homes. To more adequately identify with its origin and purpose
the name Presbyterian Children's Services was approved by the
Synod and the PCS Board of Trustees in 1989. Written
confirmations of the covenant relationship between PCS and the
Synod were adopted in 1986 and 2001.
(c)
Current Programs. The following programs are
currently maintained by PCHAS: four group homes for children in
Itasca, ten group homes in Waxahachie (including a home that
prepares youth for independent living), two group homes in San
Antonio, one group home in Duncanville, one group home in
Austin, and child and family programs in Houston, Corsicana,
Corpus Christi, Fort Worth, Kilgore, Dallas, Shreveport,
Abilene, and Wichita Falls. Each child and family program is
conducted in collaboration with a Presbyterian congregation in
the community it serves. In addition, PCHAS operates
community-based foster homes in various communities in North
Central Texas and in the Wichita Falls area, as well as limited
adoption services. PCHAS also offers an advanced education
program for former clients.
2.02.
Synod of the Sun. The Synod of the Sun,
Presbyterian Church (U.S.A.), Inc. is a Texas nonprofit
corporation. The Synod is a regional governing body of the
Presbyterian Church (U.S.A.), and its jurisdiction includes the
states of Arkansas, Louisiana, Oklahoma, and Texas.
Article Three Legal Relationship of the Parties
3.01.
Separate Legal Entities. PCHAS and the Synod are
separate legal entities.
3.02.
Governance of PCHAS. PCHAS' Articles of
Incorporation provide that it shall be managed by a Board of
Trustees and that the manner of election, term of office, and
qualifications of trustees, the method and cause for removal of
such trustees, and the number of such trustees shall be as
provided for by the Board of Trustees in the Bylaws. At least
two-thirds (2/3) of the members of the PCHAS Board of
Trustees shall be either active minister members of a presbytery
or active members of a church under the jurisdiction of the
Synod. The Synod may submit names to PCHAS for consideration as
prospective trustees.
3.03.
Distribution of Assets Upon PCHAS Dissolution.
PCHAS' Articles of Incorporation provide that upon the
dissolution of PCHAS and pursuant to a plan of dissolution
adopted according to Texas law, assets shall be distributed for
one or more exempt purposes within the meaning of Section
501(c)(3) of the Internal Revenue Code, or the corresponding
section of any future federal tax code, (a) to an organization
qualified to receive such assets according to the terms or
directions from the Synod of the Sun, Presbyterian Church
(U.S.A.), Inc., or, if no such organization exists, then (b) to
such organization or organizations that are entitled to hold
property for the benefit of the Presbyterian Church (U.S.A.) or
its successor organization as the Board of Trustees of PCHAS
shall select, in such proportions as the Board of Trustees shall
determine. To qualify to receive such assets upon dissolution,
an organization must be exempt within the meaning of Section
501(c)(3) of the Internal Revenue Code, or the corresponding
section of any future federal tax code, at the time of
dissolution. Any such assets not so disposed of shall be
disposed of by a court of competent jurisdiction of the county
in which the principal office of PCHAS is then located,
exclusively for such purposes or to such organization or
organizations, as the court shall determine, which are organized
and operated exclusively for such purposes.
3.04.
Controlling Documents. A copy of PCHAS' governing
documents and any amendments thereto shall be provided by PCHAS
to the Synod Executive, and a copy of the governing documents of
the Synod and any amendments thereto shall be provided by the
Synod to the President of PCHAS.
Article Four Responsibilities under the Covenant
4.01.
Mission of Presbyterian Children's Homes and Services.
The Synod has commissioned Presbyterian Children's Homes and
Services to provide a variety of Christ-centered child care
services which minister to the spiritual, physical,
intellectual, emotional, and social needs of dependent,
neglected, and troubled children and youth, together with their
families.
4.02.
Mission of Synod of the Sun. The purpose of God is
fully revealed in the life, death, and resurrection of Jesus the
Christ. As Christ's body, the Church is called to proclaim the
gospel and, through the power of the Holy Spirit, to make
disciples, inviting and encouraging people to become followers
of Jesus—to grow spiritually, emotionally, and theologically on
the journey of faith and faithfulness. All expressions of the
Church called Presbyterian are called to be instruments of God's
will. To each there is a particular role, with accompanying
responsibilities. The vision of the Synod of the Sun is to be a
regional community of Christians who work together across
geographic boundaries. Being a living expression of the Great
Ends of the Church is the primary task of all entities of the
Church beginning at the congregational level. Presbyteries exist
to create and encourage such congregations and to motivate,
develop, and support lay and clergy leadership. The presbytery
is meant to be a community of interdependent congregations. The
Synod of the Sun seeks to be an agent of mutual ministry among
the presbyteries, Presbyterian colleges and seminaries,
institutions, agencies, and ministries within the region
embracing Arkansas, Louisiana, Oklahoma, and Texas. The goal of
the Synod is to facilitate these components to harmonize in
ministry. The Synod seeks to proclaim and promote the reign of
God in a spirit of ecumenicity.
4.03.
Mutual Concern and Support. Both PCHAS and the
Synod shall at all times demonstrate mutual concern and support
for one another. The primary expression of mutual concern and
support shall involve program relationships between PCHAS and
the Synod in which each provides services for the other.
4.04.
Governing Boards and Communication. In fulfilling
the responsibilities of this covenant, PCHAS normally acts
through its Board of Trustees and the Synod through its
Assembly, although each may delegate responsibilities to others.
Continuing communication between PCHAS and the Synod should be
affirmed and maintained. PCHAS may communicate with the Synod
through the Synod's appropriate Division or the Synod Executive.
The Synod may communicate with PCHAS through PCHAS' Board of
Trustees or the President of PCHAS.
4.05.
Role of Presbyterian Children's Homes and Services.
(a)
Legal Responsibilities. PCHAS, through its Board
of Trustees, accepts the legal responsibilities associated with
the governance of PCHAS and the responsibility for nominating,
electing, and training trustees who shall bring effective
leadership to PCHAS and a general commitment to the goals and
programs of the Synod. PCHAS shall be cognizant of the
Presbyterian Church (U.S.A.)'s criteria for fair representation
on its Board of Trustees.
(b)
Availability of Expertise and Resources. PCHAS
commits to offering its expertise and facilities as a resource
for the Synod. PCHAS personnel, insofar as reasonable, shall be
available to lead or participate in conferences and other events
and to serve on committees and task forces of the Synod. PCHAS'
physical facilities and resources shall be available for use by
the Synod in appropriate and needed ways. These services, which
are not for profit to PCHAS, shall ordinarily be rendered on a
cost basis to the Synod. Both the Synod and PCHAS shall respect
the primary responsibility of PCHAS to fulfill its mission in
deploying personnel and other resources.
(c)
PCHAS Funding. PCHAS agrees to assume primary
responsibility in securing funding for its management and
operation. PCHAS is free to solicit funds from individual
Presbyterians and other persons, congregations, presbyteries,
trusts, foundations, estates, and any other appropriate sources.
(d)
Cooperation With Other Synod Institutions. PCHAS
is cognizant of the existence of other Synod institutions,
including child and family service organizations, and will
actively seek ways to work cooperatively for the mutual benefit
of all.
4.06.
Role of the Synod of the Sun.
(a)
Advocate for PCHAS. The Synod shall interpret and
advocate the role and programs of PCHAS to congregations,
governing bodies, individual Presbyterians, and others,
particularly those within the Synod's area of jurisdiction. This
will include the distribution of information regarding the
mission and work of PCHAS.
(b)
Support of PCHAS. The Synod shall encourage
support of PCHAS, including financial support, by congregations,
governing bodies, individual Presbyterians, and others,
particularly those within the Synod's area of jurisdiction.
(c)
Availability of Expertise and Resources. The Synod
commits to offering its expertise and facilities as a resource
for PCHAS. Synod personnel, insofar as reasonable, shall be
available to consult and work with PCHAS in support of its
mission. The Synod's physical facilities and resources shall be
available for use by PCHAS in appropriate and needed ways. These
services, which are not for profit to the Synod, shall
ordinarily be rendered on a cost basis to PCHAS. Both PCHAS and
the Synod shall respect the primary responsibility of the Synod
to fulfill its mission in deploying personnel and other
resources.
4.07.
Annual Report and Review. The Synod shall provide
PCHAS an opportunity to present an annual report on how it is
carrying out its mission. PCHAS declares its openness to
periodic evaluations by the Synod which has concern for PCHAS'
institutional faithfulness as a Christian ministry.
Article Five Miscellaneous Provisions
5.01.
Authorization of Other Relationships. PCHAS and
the Synod recognize the advantages of working relationships
between PCHAS and other individuals and organizations (including
other church governing bodies) not inconsistent with this
covenant. Such relationships allow for mutual responsibilities
and resources to be identified and exercised at every level.
PCHAS, therefore, may continue or establish relationships with
other individuals and organizations (including other church
governing bodies) that are subordinate to and not inconsistent
with this covenant.
5.02.
Review and Renewal of the Covenant. The statement
of covenant relationship between PCHAS and the Synod shall be
reviewed and, if necessary, revised at least every four years.
It is the joint responsibility of PCHAS and the Synod to ensure
that such a review is accomplished. Interim changes agreeable to
both parties may be made as conditions require.
5.03.
Formal Approval of the Covenant. Presbyterian
Children's Homes and Services and the Synod of the Sun,
Presbyterian Church (U.S.A.), Inc., adopt this current statement
of their covenant relationship, effective on the affirmative
vote of both governing boards.
Adopted by
the Board of Trustees of Adopted by
the Assembly of the Synod
Presbyterian Children's Homes and Services of
the Sun, Presbyterian Church (U.S.A.),
on June 3,
2006.
Inc. on April 27, 2006.
Presbyterian Children's Homes and Services, Synod
of the Sun, Presbyterian Church
a Texas nonprofit
corporation (U.S.A.), Inc.
a Texas nonprofit corporation
By:
By:
Ed
Knight
Alan Ford
President
Moderator |
