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Texas educators should watch the unfolding of House Bill 63. The new bill seeks to make it law that no anonymous reports of child abuse be allowed. Currently, reports of child abuse can be made anonymously. The new bill seeks to mandate the person reporting abuse identify themselves by name, address, and phone number for the report to be investigated. The bill strives to:
* Eliminate vindictive or false reports of abuse.
*Maintain the reporter's information will remain confidential and will only be used by DFPS to investigate the report.
Reference
Simpson, S. (2023). Texas bill barring anonymous reporting of child abuse heads to Gov. Greg Abbott. Texas Tribune. https://www.texastribune.org/2023/05/18/texas-legislature-child-abuse-reports/

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In May 2020, an article in the Austin American Statesman titled "Parents accuse Austin school district of failing to report sex assaults" went to print. The article informs readers that four families are suing Austin ISD, in civil court, for failing to respond to 4 reports of sexual abuse.  In all four cases, the families claim that the Title IV Coordinator was never notified of the accusations. The families claim that the reports were made to Austin ISD and question the lack of follow-through.
* This article teaches those in education a great deal about liability. It was informative to learn that school districts are considered government agencies and, therefore, operate with civil sovereignty in the eyes of the courts.
*  Ethically, the counselor's Motus Operandi is to act in the child's best interest, and legally, the "duty" an educator owes the child is to act in the place of the parents while in the school setting.
References
Choi,H. (2020). Parents accuse Austin school district of failing to report sex assaults. Austin American Statesman. https://www.statesman.com/story/news/local/flash-briefing/2020/05/27/parents-accuse-austin-school-district-of-failing-to-report-sex-assaults/1138999007/

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Bulleted list of Recommendations / Best Practices for Compliance:

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Bulleted list of Recommendations / Best Practices for Compliance:

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Reporting abuse saves and improves the quality of life for our students. Complying with mandatory reporting requirements is the law. Compliance is critical to help put an end to abuse. The following are the key takeaways for compliance:

*You are a mandatory reporter as a Texas educator, administrator, counselor, or employee (Texas Family Code§ 261.101)

*Anyone who has reasonable cause to suspect that a child has been physically or mentally abused or neglected shall immediately make a report within 48 hours of initial cause to suspect (Texas Family Code § 261.101).

*The state law and BISD policy require that the person that has a reasonable cause to suspect abuse or neglect must be the person to make the report and that this responsibility is non-transferable.

*You are not liable for any report made in good faith, and the state law protects you from civil or criminal litigation(Texas Family Code§ 261.106).

*Non-reporting is a class A misdemeanor, and covering up abuse is a felony offense and can result in disciplinary action by the SBEC (BISD School Board, 2022).

*CPS online reporting: https://www.txabusehotline.org/Login/Default.aspx

*Texas Abuse Hotline: (800-252-5400)

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The National Children’s Advocacy Center has a website with many resources available for various target audiences, including children, teens, parents, and professionals. The website provides support in numerous ways advocating for ending child abuse through education, speaking out, volunteering, and provides reporting information and links.

Resource

https://www.nationalcac.org/for-teens/

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The American School Counselors Association(ASCA) (2022) states that the counselor should “ report all incidents of bullying, dating violence or harassment to the administration, recognizing these behaviors may fall under Title IX of the Education Amendments of 1972 or other federal and state laws as illegal and require administrator intervention.” When students report sexual assault or dating violence from another student, counselors should ethically contact the administration and subsequently law enforcement if a crime was reported.

One situation may arise when the school counselor is listed as the Title IV campus coordinator. Listing the school counselor as the Title IV coordinator creates a conflict of interest. How can the counselor maintain an open and trusting relationship with a student that reports abuse in the school if they are then required to turn around and lead the investigation?

Resource
American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

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The BISD employee handbook (2022) requires that employees report suspected child abuse within 48 hours to CPS, a law enforcement agency, and the campus principal. BISD policy requires that the person that has a reasonable cause to suspect abuse or neglect must be the person to make the report and that this responsibility is non-transferable.

Reports can be made here:
*https://www.txabusehotline.org/Login/Default.aspx  or
*Texas Abuse Hotline (800-252-5400).

The district policy ensures the reporter is not liable for any report made in good faith, and the state law protects a reporter from civil or criminal litigation (Texas Family Code § 261.106). The policy also notes that non-reporting is a class A misdemeanor, and covering up abuse is a felony offense and can result in disciplinary action by the SBEC (BISD School Board, 2022). Bastrop ISD’s handbook policy regarding mandatory reporting can be found in the resources.

Resources
Bastrop School Board. 2022. Bastrop ISD Employee Handbook. p. 62-63. https://www.bisdtx.org/Page/1274

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Texas Administrative Code § 61.1051 Summary

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Texas Administrative Code § 61.1051 Summary

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Texas Administrative Code § 61.1051 Summary

Texas Education Agency (TEA) regulates the compliancy of TEC § 261.101 through Texas Administrative Code § 61.1051. The Commissioner begins by defining abuse, neglect, maltreatment, and trafficking. The Commissioner then requires the Board of Trustees to adopt and review a district’s policy for reporting child abuse annually. The district policy must mandate that the person that has reason to suspect child abuse report the abuse within 48 hours of reasonable suspicion to one of the four agencies that follows: local or state law enforcement, Texas Department of Family and Protective Services, local Child Protective Services, or the state agency that operate the facility in which the child was allegedly abused. TAC § 61.1051 further requires policies requiring that school districts provide additional awareness policies to students, faculty, and parents, along with outreach strategies and counseling options about child sex abuse and maltreatment.

Additionally, the Code states that reporting to an administrator prior to filing a report can not be mandated, the toll-free phone number for the Texas Department of Family Protective Services must be listed in the policy, the policy should be reviewed in staff development, and a child abuse anti-victimization program be included in the policy. TEA then mandates that the policy be distributed to newly hired employees in their employee orientation and addressed yearly in staff development programs. Lastly, the Code states that the district’s policy should be in a readable font and the number for the Texas Department of Family and Protective Services and Abuse hotline be indicated in bold.

Resource
Texas Administrative Code § 61.1051

https://tea.texas.gov/about-tea/laws-and-rules/commissioner-rules-tac/coe-tac-currently-in-effect/ch061ee.pdf

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Texas Family Code § 261.101 is supported by Texas Education Code § 38.004. This Code requires school districts and other state agencies to establish a policy for reporting child abuse, neglect, and trafficking. Texas Education Code (TEC) further requires cooperation with law enforcement and the Department of Family Protective Services, even without parental consent, if needed, to be embedded in the policy. TEC further states that the agency/district needs to provide information about child abuse prevention by providing links on the agency/district’s website, provide training through professional development to staff on preventing child abuse, and implement a child abuse anti-victimization program in elementary and secondary schools. A link to the full statute is provided below.

Resource
(Texas Education Code § 38.004).

https://statutes.capitol.texas.gov/SOTWDocs/ED/htm/ED.38.htm

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Texas Family Code identifies state employees that work with students in any capacity as mandatory reporters of child abuse and neglect. Any person, specifically any state-licensed or certified professional in Texas, must report any reasonable suspicion of child abuse or neglect within 48 hours of initially having reason to suspect abuse or neglect. This duty to report is not transferable and can not be delegated to another person. The duty to report extends to the information an adult gives of previous abuse, which causes one to believe that another child or elderly person may be in danger of abuse. The responsibility to report does not exempt any privileged communication with lawyers, clergy, or counselors. The report will be confidential unless the reporter requests otherwise or a law officer needs to contact the reporter to complete the investigation of the report (Texas Family Code § 261.101). A link to the full statute is provided below.

Resource
Texas Family Code § 261.101 https://texas.public.law/statutes/tex._fam._code_section_261.101

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Child Abuse Prevention and Treatment Act (CAPTA)

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Child Abuse Prevention and Treatment Act (CAPTA)

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The original federal law titled Child Abuse Prevention and Treatment Act (CAPTA), was enacted in 1974. It has been amended numerous times since then. CAPTA provides funding and guidance for states in support of prevention, assessment, investigation, prosecution, and treatment activities and also provides grants to public agencies and nonprofit organizations for the demonstration of programs (Child Welfare Information Gateway, 2019).

Resource

Child Welfare Information Gateway. (2019). About CAPTA: A legislative history. Washington, DC: U.S. Department of Health and Human Services, Children’s Bureau.

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The American School Counseling Association offers online webinars on various topics. One topic specifically addresses online safety education for kids. This webinar would be an excellent source of information for a preventative program. It offers information about reaching children with warnings before adolescence.

The link for this webinar follows: https://videos.schoolcounselor.org/?s=reporting+child+abuse

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Educators are often on the metaphorical front lines of reporting child abuse.  Educators need to know the letter of the law for reporting parameters and the recourse implications of not reporting. Anyone who has reasonable cause to suspect that a child has been physically or mentally abused or neglected shall immediately make a report within 48 hours of initial cause to suspect (Texas Family Code § 261.101). The person that has a reasonable cause to suspect abuse or neglect must be the person to make the report and this responsibility is non-transferable. Additionally, you are not liable for any report made in good faith and the state law protects you from civil or criminal litigation (Texas Family Code§ 261.106). Non-reporting is a class A misdemeanor, and covering up abuse is a felony offense and can result in disciplinary action by the SBEC (BISD School Board, 2022).

With the upswing in online communication and social media, the latest information on human trafficking notes that children are often recruited through social media. This emerging issue has led to numerous trainings on the topic.

Resources
Bastrop School Board. 2022. Bastrop ISD Employee Handbook. p. 62-63. https://www.bisdtx.org/Page/1274

Texas Family Code § 261.101 https://texas.public.law/statutes/tex._fam._code_section_261.101

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More than half of all child abuse cases are identified by school personnel (Stewards of Children, 2023). This statistic emphasizes the importance of Texas Family Code § 261.101, which deals with reporting abuse or neglect in Texas and its role in education. The information provided on this site aims at assisting all educational personnel in following the reporting mandates of Child Abuse and Neglect Reporting Policies and informing all parties of the parameters and implications of reporting. Educators are one of the students’ first line of defense against abuse and are statistically the number one reporter advocating to stop child abuse.

Resources
Stewards of Children. 2023. Erin’s Law. Darkness to Light:       End Child Sex Abuse. https://www.d2l.org/erins-law/#collapse_925

Texas Family Code § 261.101 https://texas.public.law/statutes/tex._fam._code_section_261.101