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As an elementary school counselor reporting child abuse is a necessary part of my field. Teachers and other school employees often seek advice on aspects of the laws and best practices pertaining to child abuse reporting. This guide is created for school counselors, teachers, and school staff to help them navigate the laws regarding reporting child abuse. My hope is teachers, staff and other school counselors will be more prepared if they are presented with a need to report child abuse.

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To better understand practical issues concerning reporting child abuse I was able to interview the school counselor at my elementary school. She described several aspects of reporting child abuse that is a vital part of the role of a school counselor (Giger, V. personal communication, 2022, July 19). Some of the areas include identifying signs of child abuse, reporting child abuse, hosting Child Protective Service (CPS) investigators, and advising teachers. Giger stated that talking with students and CPS investigators occupies a significant part of her time as a school counselor.

Teachers often ask for advice concerning suspicions of child abuse and there are a few tips that are very important (Giger, V. personal communication, 2022, July 19).

Mentally run their suspicions through the criteria for child abuse

Report immediately

Allow CPS to do the investigation

One area that is an important topic for educators and school counselors to consider is the area of child abuse prevention (Giger, V. personal communication, 2022, July 19). One way Neblett advocates for child abuse prevention is a collaboration with the local Child Advocacy Center. The Child Advocacy Center representative attends Neblett every year to teach education and prevention classes in every classroom. These classroom lessons focus on safe and unsafe touches. Students are also given an opportunity to speak to the representative in private. The hope is that students will learn to advocate for themselves and identify a support system of people they can tell if they are experiencing child abuse.

Vickie Giger
School Counselor
Neblett Elementary

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Texas State Teachers Association offers information for school employees regarding the information on child abuse and child abuse reporting. Included are topics such as:

Confidentiality

Immunities

Definition of Abuse

Definition of Neglect

Texas State Teachers Association (TSTA). (2013, August 23). Reporting Child Abuse. TSTA. https://www.tsta.org/for_members/reporting-child-abuse/

The Children's Advocacy Center of Texas has a clear and helpful guide to support educators and provide answers related to reporting child abuse.
Included in the guide:

Rights and Responsibilities

What to expect when making a report and after making a report

How to respond to a child who reveals child abuse

Guidance for leadership

Signs of child abuse

Children's Advocacy Center of Texas. (n.d.).  A Texas school employee’s guide to reporting suspected abuse and neglect. https://tea.texas.gov/sites/default/files/Educators-Guide-2020-English.pdf

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This article discusses the important safeguard role against child abuse filed by teachers.

During COVID, reported child abuse cases by teachers fell while actual cases of child abuse rose.

The proportion of severe needs cases rose due to the fact that early identification of child abuse reported by teachers was missing during COVID.

Similar issues occur during the summer months when students are not in school.

Could an increase in prevention education for students to become their own advocates, help students in child abuse situations?

Sparks, S. (2021, June 1). Child abuse cases got more severe during COVID-19. Could teachers have prevented it? Education Week. https://www.edweek.org/leadership/child-abuse-cases-got-more-severe-during-covid-19-could-teachers-have-prevented-it/2021/06

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Supreme Court to Hear Case on Abuse Reporting

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The case before the high court asks whether teachers’ duty to report suspected child abuse makes them adjuncts of law enforcement when it comes to prosecution.

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This article discusses several relevant issues for educators concerning child abuse reporting and specifically in regard to transgender issues. This is an ongoing topic that will be important for educators to stay up to date with.

The Texas Governor's ability to regulate the types of cases investigated by the Department of Family and Protected Services (DFPS).

The linking of transgender procedures and medical treatment of students to child abuse.

The appropriateness of investigations by DFPS of families with transgender students partaking in medical procedures.

Educators' responsibility to report signs of child abuse involving transgender students who are partaking in medical procedures.

Klibanoff, E. (2022, May 13).

Texas Supreme Court allows child abuse investigations into families of transgender teens to continue. The Texas Tribune. https://www.texastribune.org/2022/05/13/transgender-teens-child-abuse-texas/

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Texas Supreme Court allows child abuse investigations into families of transgender teens to continue

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The high court also raised questions about why the state opened these investigations in the first place, noting that the child welfare agency is not bound by directives from the governor.

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14th Amendment

Citizenship to all people born or naturalized in the United States

Equal rights for all citizens

Due process

Legal Representation

U.S. Const. amend. XIV
https://www.archives.gov/milestone-documents/14th-amendment#:~:text=On%20June%2016%2C%201866%2C%20the,supreme%20law%20of%20the%20land

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Investigation of Report of Child Abuse or Neglect

Defines abuse and neglect of children

Requires people who suspect child abuse to report to the Department of Protective Family Services.

Tex. Fam. Code § 261.101
https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

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Washington State v. James-Buhl

Washington Supreme Court ruled:

Mandatory reporting must be linked to a person's professional identity.

Teachers cannot be charged for failing to report child abuse if the child was a member of their own family.

Narrowed the scope of mandatory reporting for teachers

State v. James-Buhl, 415 P.3d 234 (Wash. 2018)
https://www.casemine.com/judgement/us/5bda0964342cca3700f806df

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Access to Confidential Information Maintained by the Texas Department of Family and Protective Services (DFPS)

This administrative law refers to the confidential child information held by the DFPS.

The code outlines who is allowed to view confidential record information.

Some examples are

Law enforcement

DPFS workers

Physicians

Lawyers

Grand Jury

The code outlines for what purposes those individuals are allowed to view confidential record information.

40 Tex. Admin. Code § 700.203
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=19&ch=700&rl=203

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10. Sherman Independent School District Employee Handbook

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10. Sherman Independent School District Employee Handbook

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The Sherman Independent School District (SISD) employee handbook outlines how employees should handle suspicions of child abuse. Employees should report suspicions within 48 hours to the Department of Family and Protective Services (DFPS) according to state law. Additionally, school staff should inform the campus principal of the suspicion of abuse and cooperate with the investigator.

Sherman Independent School District. (2016). Sherman ISD Employee Handbook. Sherman ISD.
https://www.shermanisd.net/cms/lib/TX02215369/Centricity/Shared/Employee%20Handbook/employee-handbook-2015-2016-2.pd

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11. American School Counselor Association (ASCA) Ethical Standards for School Counselors

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11. American School Counselor Association (ASCA) Ethical Standards for School Counselors

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A.12. Child Abuse

According to the American School Counselor Association (ASCA) (2022), school counselors are held to a higher standard in regard to mandatory reporting and must report suspicions of child abuse. School counselors are also obligated to maintain their knowledge of signs of child abuse to help them know how to recognize child abuse in students they work with. School counselors should also work to maintain the confidentiality of any students who are victims of child abuse and connect them with appropriate resources.

American School Counselor Association. (2022). ASCA ethical standards for school counselors. School Counselor. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

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As a future school counselor, I had the opportunity to speak to over 300 students in two to three-minute interviews. The education I have received regarding the laws for reporting child abuse and the signs of child abuse enabled me to notice points of suspicion and ask clarifying questions to determine if there was a cause for concern with each student. My goal as a school counselor is to help my students be emotional, physically, and mentally successful at school and at home. The laws and ethics of reporting child abuse create a system where students who are being abused can find the help and support they need. Teachers and counselors are able to help students by reporting suspicion of child abuse when there is cause for concern.

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13. How to Respond to Suspected Child Abuse

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13. How to Respond to Suspected Child Abuse

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Build relationships with students and create a safe environment in the classroom and school.

Maintain an approachable attitude with body language and words to create a safe space if a student attempts to confide in a teacher or school staff member.

Believe the student.

Allow the student to talk.

Avoid interrogating the student or contacting the alleged offender.

Report any suspected child abuse to authorities within 48 hours of first suspecting child abuse.

Report using the Texas Online Reporting.

If the situation is urgent and needs investigation within 24 hours call the Texas Abuse Hotline 1-800-252-5400.

For immediate emergency concerns or a life-threatening situation dial 9-1-1.

Refer to the information on the Department of Family and Protective Services website to help in recognizing child abuse.

Report even if in doubt.

Report again if there is a second incident or if the situation has worsened.

Maintain appropriate confidentiality.

Texas Department of Family and Protective Services. (n.d.)

Recognize the Signs of Child Abuse. https://www.dfps.state.tx.us/Child_Protection/Child_Safety/recognize_abuse.asp

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More Abuse Information

There are four major types of child maltreatment: physical abuse, neglect, sexual abuse, and emotional abuse.

Physical Abuse

Physical Abuse is physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child. The physical injury (ranging from minor bruises to severe fractures or death) can result from punching, beating, shaking, kicking, biting, throwing, stabbing, hitting, burning, choking, or otherwise harming a child. Such injury is considered abuse regardless of whether the caretaker intended to hurt the child.
Suspect Physical Abuse When You See:

Frequent injuries such as bruises, cuts, black eyes, or burns without adequate explanations

Frequent complaints of pain without obvious injury

Burns or bruises in unusual patterns that may indicate the use of an instrument or human bite; cigarette burns on any part of the body

Lack of reaction to pain

Aggressive, disruptive, and destructive behavior

Passive, withdrawn, and emotionless behavior

Fear of going home or seeing parents

Injuries that appear after a child has not been seen for several days

Unreasonable clothing that may hide injuries to arms or legs

Neglect

Neglect is failure to provide for a child's basic needs necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services have been offered and refused.
Suspect Neglect When You See:

Obvious malnourishment

Lack of personal cleanliness

Torn or dirty clothing

Stealing or begging for food

Child unattended for long periods of time

Need for glasses, dental care, or other medical attention

Frequent tardiness or absence from school

Sexual Abuse

Sexual Abuse includes fondling a child's genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution or producing pornographic materials.
Suspect Sexual Abuse When You See:

Physical signs of sexually transmitted diseases

Evidence of injury to the genital area

Pregnancy in a young girl

Difficulty in sitting or walking

Extreme fear of being alone with adults of a certain sex

Sexual comments, behaviors or play

Knowledge of sexual relations beyond what is expected for a child's age

Sexual victimization of other children

Emotional Abuse

Emotional Abuse is mental or emotional injury that results in an observable and material impairment in a child's growth, development, or psychological functioning. It includes extreme forms of punishment such as confining a child in a dark closet, habitual scapegoating, belittling, and rejecting treatment for a child.
Suspect Emotional Abuse When You See:

Over compliance

Low self-esteem

Severe depression, anxiety, or aggression

Difficulty making friends or doing things with other children

Lagging in physical, emotional, and intellectual development

Caregiver who belittles the child, withholds love, and seems unconcerned about the child's problems

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Texas Department of Family and Protective Services (DFPS)

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More Abuse Information There are four major types of child maltreatment: physical abuse, neglect, sexual abuse, and emotional abuse. Physical Abuse is physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child.