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As a professional school counselor, recognizing, addressing, and reporting suspected child abuse is essential to the role. Legal and ethical mandates are outlined for all educators, specifically counselors. The provided information in this legal guide is purposed to supply counselors with legal and ethical guidance should a student be identified as a suspected victim of child abuse and subsequent obligations.

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Recognizing child abuse and its implications on a student’s academic, social, and emotional well-being greatly falls on the shoulders of professional school counselors. In fact, the American School Counselor Association (2022) contends that “it is the school counselor’s legal, ethical, and moral responsibility to report suspected cases of child abuse and neglect to the proper authorities (para 1). Therefore, understanding the legal responsibilities and obligations of one in this position is vital for both the student as well as the individual fulfilling the professional role.

Transgender students and ensuring their protection and well-being has become a widely growing concern today. This includes safety from abuse and discrimination in the educational setting. According to the American School Counselor Association (2022), “school counselors recognize all students have the right to be treated equally and fairly, with dignity and respect as unique individuals, free from discrimination, harassment, and bullying based on their gender identity and gender expression” (para 1). Advocating for all students and promoting an environment of acceptance and respect is an essential responsibility for school counselors.
References:
American School Counselor Association. (2022). The School Counselor and Child Abuse and Neglect Prevention. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Child-Abuse-and-Neglect-P

American School Counselor Association. (2022). The School Counselor and Transgender and Nonbinary Youth. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Transgender-Gender-noncon

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Slide #3 Professional Association: American School Counselor Association

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Slide #3 Professional Association: American School Counselor Association

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The American School Counselor Association contends that the role of a professional school counselor is mandated by public law to report any suspected child abuse to the proper authorities. School counselors play a vital role in recognizing signs of trauma, educating staff in identifying trauma and abuse, and are key players in promoting trauma-sensitive conditions. They work to provide and implement an environment that avoids retraumatizing students that experience child abuse. Therefore, creating a trauma-informed and sensitive campus is essential in aiding students to feel safe.

Reference:

American School Counselor Association. (2022). The school counselor and trauma-informed practice.

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Slide #4 Current News Article - What Is Child Neglect?

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Slide #4 Current News Article - What Is Child Neglect?

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One of the most common forms of maltreatment of a child is neglect. The Federal Child Abuse Prevention Treatment Act (CAPTA) provides a legal definition for neglect as any action or lack of action that causes imminent risk or harm to a child by a caretaker.

The basic categories of neglect include educational, emotional, medical, physical, or inadequate supervision. Common risk factors are outlined as environmental factors such as poverty, family factors such as historically underserved families or domestic violence, parental factors such as young age or unemployment, and the issue of the child having developmental delays.

Warning signs of neglect include behavioral concerns, outward signs such as poor hygiene or frequent absences, or the lack of receiving medical care.

Reference:
Morin.A. (2022, January 05). What is child neglect? Verywell Mind. https://www.verywellfamily.com/what-is-child-neglect-4151259

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Child neglect is one of the most common forms of child mistreatment. It can affect a child's physical and mental health and can lead to long-term adverse consequences. Child neglect springs from many complex issues, including parental mental health, poverty, and drug and alcohol use.

According to the Children's Bureau of the Department of Health and Human Services, in 2018, approximately 678,000 children in the country were deemed victims of abuse or neglect, with about 60.8% of those suffering from neglect. Moreover, the bureau estimated that 1,770 children died in 2018 from abuse or neglect.

The Federal Child Abuse Prevention Treatment Act (CAPTA) legally defines neglect as "any recent act or failure to act on the part of a parent or caretaker that presents an imminent risk of serious harm to the child."

Some states include exceptions for determining neglect. For example, a parent who declines certain medical treatments for a child based on religious beliefs may be given an exemption.

A parent's financial situation may also be taken into consideration. A parent living in poverty, for example, who struggles to provide children with adequate food or shelter, may not be considered neglectful if the family is applying for financial assistance or if they're doing the best with what they have. Additionally, some parents may need to leave children at home or under the care of older siblings while they work or go to school.

Types of Child Neglect

When you think of a neglected child, what may come to mind is a child going hungry or left at home alone for long periods of time. But neglect comes in many different forms.

According to the Children's Bureau of the U.S. Department of Health and Human Services, there are several basic categories of neglect, including:

Educational neglect: Failing to enroll a child in school, allowing a child to repeatedly skip school, or ignoring a child's special education needs

Emotional neglect: Exposing a child to domestic violence or substance use, or not providing affection or emotional support

Inadequate supervision: Leaving a child who can't care for themselves home alone, not protecting a child from safety hazards, or leaving the child with inadequate caregivers

Medical neglect: Denying or delaying necessary or recommended medical treatment

Physical neglect: Failing to care for a child's basic needs like hygiene, clothing, nutrition, or shelter, or abandoning a child

Risk Factors

Most parents have good intentions and don't set out to neglect their children. But, unfortunately, some parents aren't able to adequately meet a child's needs.

Sometimes neglect is completely unintentional, such as the case of a young parent who doesn't understand basic child development. They may not recognize how often their infant needs to be fed or changed or know that a 5-year-old shouldn't be left home alone.

At other times, the parent's mental illness or substance use issues may prevent them from providing their children with adequate care. A parent who is under the influence of drugs may not be able to prevent their toddler from wandering outside alone, for example.

The following factors have been found to increase a child's risk of being neglected:

Child factors: Developmental delays

Environmental factors: Poverty, lack of social support, or neighborhood distress

Family factors: Single-parent households, domestic violence, historically underserved communities, or family stress

Parent factors: Unemployment, low income, young maternal age, parenting stress, health issues, mental illness, or substance use

Warning Signs

Often, it's a teacher or a concerned neighbor or relative who may recognize warning signs that a child is neglected. An underweight child who only rarely attends school or a young child who plays outside at all hours of the day without an adult in sight may raise red flags.

There are a number of signs that could indicate the possibility that a child is being neglected. Outward signs may include frequent absences from school, poor hygiene such as being consistently dirty or having severe body odor, lack of sufficient clothing, and being inappropriately dressed for the weather. Signs that the child isn't receiving needed medical, dental, or vision care are also warning signs.

Additionally, the child's behavior may raise flags. Children who steal or beg for food or money, use alcohol and drugs, or simply state that they are regularly home alone may be experiencing neglect.

Signs that a parent or caregiver may not be caring for a child adequately typically center around their behaviors such as an appearance of indifference or apathy toward their child, misuse of drugs or alcohol, or irrational or bizarre behavior.

Consequences

Neglect impacts a child's overall development and health and has physical, psychological, and behavioral consequences. Even if a child is removed from a bad situation, the consequences of neglect can last for a long time and can even lead to high-risk behaviors like substance use.

Health and Development Problems

Malnourishment may impair brain development. A lack of adequate immunizations and medical problems could lead to a variety of health conditions. The National Survey of Child and Adolescent Well-Being discovered that 50.3% of children suffered from special health care needs three years after being removed from a neglectful situation.﻿﻿

Cognitive Impairments

A lack of appropriate stimulation could lead to ongoing intellectual problems. Children with a history of neglect may have academic problems or delayed or impaired language development.

Emotional Problems

Neglect can lead to attachment issues, self-esteem problems, and difficulty trusting others.

Social and Behavioral Problems

Children who are neglected may struggle to develop healthy relationships, and they may experience behavior disorders or disinhibited social engagement disorder. NSCAW data determined that more than half of those who were mistreated in youth were at risk of substance use, delinquency, truancy, or unplanned pregnancy.

According to the U.S. Department of Health and Human Services, nearly 75% of all child maltreatment-related deaths include neglect. Fatal incidents of neglect are most likely to occur with children under the age of 7. Neglect fatalities most often stem from a lack of supervision, chronic physical neglect, or medical neglect.

Depending on the state in which you live, once a report of child neglect is filed, a social worker or a child protective services agent will contact the family to schedule an interview or a visit. Their primary responsibility is to ensure the child is safe.

Sometimes, they are able to increase safety and reduce neglect simply by providing the family with resources and education. In other cases, children may need to be placed in another environment to prevent further harm. For example, a child may be placed in foster care or with a relative who can provide adequate care.

These professionals can then assist with appropriate interventions, such as medical services, dental care, or educational services. And when warranted, the social worker or agent will refer the case to family or criminal court.

After the most immediate concerns are addressed, each child's needs are evaluated to determine what types of intervention might be beneficial. For instance, mental health treatment may be helpful for the neglected child.

Children who have experienced maltreatment may benefit from therapeutic services to help them address their emotions, behaviors, or concerns. Likewise, treatment, such as substance abuse services or mental health treatment, also may be given to caregivers to help them become better equipped to care for their children.

How to Report Child Neglect

State laws vary on who is required to report child neglect. In some states, only medical professionals, teachers, childcare providers, and law enforcement officers are mandated reporters.

In other states, any person who suspects abuse or neglect is required to report it. Reasonable suspicion-including firsthand observations or overhearing statements made by the parent or child-is all that is needed to report potential abuse or neglect.

Trained professionals investigate reports of child neglect and abuse. A comprehensive assessment helps determine what type of services may be necessary to keep children safe.

A Word From Verywell

While you may be reluctant to report child neglect, it's important that if you suspect something is wrong that you notify the appropriate authorities. If you're unsure of the situation, follow your instincts, but don't hesitate to make a report if you have concerns.

If a child is being maltreated, the earlier the authorities can intervene, the earlier the child can get help-and you might have even just saved a child's life and helped them to get any services and attention they may require. Additionally, you will have alerted authorities so that the family can be connected to the resources and support that they need.

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How to Recognize and Report Child Neglect

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Child neglect is one of the most common forms of child mistreatment. Learn more about child neglect, including why it happens and how to report it.

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Thirteen-year-old transgender student, Adalyn is receiving gender-affirming care with her mother’s support.

Governor Greg Abbott ordered state child welfare officials to investigate child abuse reports regarding transgender kids receiving gender-affirming care. The question comes as to what is regarded as child abuse and what is not.

Families with transgender children argue that criminalizing certain forms of care promotes the stigmatization of an already vulnerable category of individuals

Adelyn has become frightened of her mother being accused of child abuse due to the order

Reference:
Dehy. S. & Harper, K. (2022, February, 28). Transgender Texas kids are terrified after governor orders that parents be investigated for child abuse. The Texas Tribune. https://www.texastribune.org/2022/02/28/texas-transgender-child-abuse/

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Sign up for The Brief, our daily newsletter that keeps readers up to speed on the most essential Texas news. For LGBTQ mental health support, call the Trevor Project's 24/7 toll-free support line at 866-488-7386. You can also reach a trained crisis counselor through the National Suicide Prevention Lifeline by calling 800-273-8255 or texting 741741.
Every couple of months, Adamalis Vigil drives eight hours from the Rio Grande Valley to North Texas so her 13-year-old transgender daughter Adelyn can receive health care. They talk and sing the whole trip.

The care she receives there is unavailable in her hometown but pivotal to her sense of identity - and her mental health.

"It makes me feel who I truly am, and I don't feel singled out for not being like other girls in school anymore," Adelyn said. "It's just very special for me that mom takes me all the way over there."

Adelyn - who stands tall at 5 feet, 5 inches and is outspoken in class - had been having panic attacks in school as she approached puberty. After she started seeing the doctors in North Dallas, the attacks stopped.

But last week, the panic attacks started again when Republican Gov. Greg Abbott - seven days before the GOP primary election in which he's being accused of not being conservative enough - ordered state child welfare officials to launch child abuse investigations into reports of transgender kids receiving gender-affirming care.

Adelyn is terrified she will be forcibly separated from her mother. So great is her anxiety that she doesn't want to sleep in her own bed. The Vigil family agreed to speak with The Texas Tribune but did not feel safe disclosing details about Adelyn's medical care.

Abbott's directive followed a nonbinding legal opinion from Attorney General Ken Paxton - who is also in the fight of his political life in Tuesday's primary election - that said gender-affirming care constitutes child abuse.

Paxton's opinion cited body modification surgeries that medical experts say are rarely, if ever, performed on children. But he also said it would be child abuse to administer gender-affirming care that is widely accepted by leading health care groups, like puberty blockers, which are completely reversible. Under the gender-affirming model of care, experts say, more time is spent allowing kids to socially transition instead of focusing on medical treatment.

Shelly Skeen, a senior attorney with Lambda Legal, said it's highly unlikely that a judge would justify child abuse charges or removal of a child based solely on the use of gender-affirming therapy.

"Texas law has a very clear definition of what child abuse is, and it's not this," Skeen said.

Still, the attorney general's opinion and governor's directive drew fire from families, lawmakers, doctors, advocates and the White House, among others. Advocates say that calling gender-affirming therapy child abuse could lead to it being weaponized in divorce cases, create legal issues for physicians and therapists who treat transgender youth and empower people to attack the young people themselves - as well as the family members and others who support them.

"It's not a far stretch to think that you could be harassed, assaulted, killed," said W. Carsten Andresen, an associate professor of criminal justice at St. Edward's University in Austin.

Child abuse investigations based on gender-affirming care are almost unheard of in Texas. Officials at the Texas Department of Family and Protective Services say that there have been three reports last week "meeting the description in the AG opinion and Governor's directive" but offered no other details. No investigations have been launched, officials said.

But families with transgender kids and their advocates say even an attempt at criminalizing certain care further stigmatizes an already vulnerable group of Texans.The officials' moves also can block access to treatments that can prevent suicide and severe depression caused in part by gender dysphoria - discomfort related to feeling a disconnect between one's personal gender identity and the gender assigned at birth.

A recent study showed that more than 40% of transgender youth attempt suicide. The rate of suicide attempts among transgender youth is three times higher than among their cisgender counterparts, according to recent studies by the U.S. Centers for Disease Control and Prevention.

And the moves now leave Texas families with transgender children choosing between getting their children health care that medical experts recommend or possibly facing a child protective services investigation.

"​​I know I have to fight. I know I have to speak up. I know I have to show up for her. But how do I alleviate her stress when I'm stressed?" Adamalis said. "The fact that she has to do the fighting, too - it's just terrible. She had to mature so much faster than kids her age."

Riding a wave of anti-trans politics

Abbott and Paxton have spent the past year reflecting and stoking anti-transgender sentiment among voters - many of them stirred by right-wing media. The public pressure was so intense that a Dallas program that specialized in helping transgender young people was formally dissolved.

In his statement this week, Abbott even called on other Texans to act as watchdogs and report any parents for abuse if they believe the parent is supporting their child's gender transition with professional help.

For years, the GOP-dominated Texas Legislature has targeted transgender Texans. In 2017, lawmakers unsuccessfully sought to ban people from using bathrooms that don't match the sex they were assigned at birth. Last year, they succeeded in limiting athletic participation by transgender students. Last year during the regular legislative session, Texas filed more anti-LGBTQ bills than any other state legislature, according to Equality Texas, which tracks such legislation.

Among the proposals was a bill that would explicitly classify some gender-affirming care as child abuse. The Texas Senate passed the bill, but the legislation died in the House.

The opinion and new directive that aim to achieve the same effect without a law passing further stigmatizes an already marginalized group by normalizing speech and actions that target them, Texas House Democrats wrote this week in a letter blasting the comments by Abbott and Paxton.

"Transphobic and false statements like those made by the Governor and the Attorney General have produced an unsafe environment in our state that has forced families to flee to protect their transgender kids, adversely affected the mental health of gender expansive youth, and perpetuated an epidemic of violence against transgender Texans, especially Black trans women," the letter from several Democratic lawmakers read.

On Thursday, district attorneys from five Texas counties - including Dallas, Bexar, Harris and Travis - took to Twitter to bash the directives as "anti-trans" and "life-threatening" and saying they would not treat gender-affirming actions as abuse.

"We want to assure our residents with transgender children that they are safe to continue seeking the care their children need," a joint statement said.

Harris County District Attorney Kim Ogg said she would not prosecute "any parent, any facility, or anyone else for providing medically appropriate care to transgender children."

"As a member of the LGBTQ community myself, I am particularly sensitive to the invidious nature of this order - it turns family members against each other at the expense of their children," Ogg said in a statement. "It is a remnant of a hateful past that I had hoped our society had matured beyond."

Second-guessing more care

Since Adelyn's mother sat her down and told her about the governor's order, the teen has been reconsidering whether she wants to go to her next doctor's appointment. She has been scrolling through TikTok videos about the order until her mother comes home from work. On Thursday, she tried to watch a Percy Jackson movie as a distraction, but the fear has been getting to her.

"When I'm at work, she keeps calling and calling: 'When are you going to be home and how long? How much longer? Are you almost home?'" Adamalis said. "It affects her in that sense that she wants to feel that kind of security and feel safe around me."

Five years ago, Libby Gonzales, a transgender girl, and her family told Texas lawmakers about how she never wanted to be forced into the boys' bathroom at school, and that the idea scared her. They traveled to the Capitol to speak out against the now-infamous "bathroom bill," which would have limited which public bathrooms transgender Texans can use. That legislation, though, died despite several attempts at getting it through the Legislature.

"I am 7 years old and I am transgender," the nervous girl told the powerful state senators looking down at her from the dais in 2017. "Please keep me safe. Thank you."

Today, Libby, now 11, and her family do not feel safe confirming or denying her experience with gender care anymore.

Her family - outspoken opponents of Texas Republicans' near-constant efforts to curtail the rights of her daughter and other transgender youth - are now afraid that their efforts to support Libby will be called criminal by the most powerful men in the state.

As a result of the directive, Rachel Gonzales, Libby's mother, has developed plans in case Texas Child Protective Services shows up at her Dallas home.

"There are so many hypotheticals that my husband and I talked through." Gonzales said. "We have to have a plan in place. It also just helps me sleep at night."

Skeen, the Lambda Legal attorney, said political rhetoric against transgender children is already driving families out of the state. But the Gonzales family said they are here to stay.

"My daughter is a fifth-generation Texan. We're simply not leaving our home because of some bullies in the Texas [Legislature]," Gonzales said.

Extremely rare

While child abuse investigations of gender-affirming care are rare, there is at least one well-known example: a DFPS investigation into the family of a transgender child over the use of gender-affirming therapy, a bitter custody battle fueled by the blogger father of a 7-year-old girl who was assigned male at birth.

In 2019, Abbott and Paxton demanded that the state's child welfare agency investigate whether the child's mother was committing abuse by letting the child present as a girl. At the time, the move alarmed an already fearful community of parents of transgender children.

In that case, in which no surgical or hormonal procedures were used, child welfare officials ruled out child abuse and closed the investigation. The father, Jeff Younger, lost custody of his two children in the divorce, according to his website.

Younger is now running for the Republican nomination to the Texas House in his Flower Mound district in Tuesday's primary. He could not be reached for comment.

In their statement this week, Texas House Democrats said gender-affirming therapy is still legal for transgender youth and supported by medical professionals and that mandatory reporting laws had not changed.

And in spite of child welfare officials saying earlier this week that they would comply with Abbott's orders, the Democratic lawmakers said no government agency "is obligated to comply with the directive of the Governor or enforce the false assertions made by the Attorney General."

CPS investigations are only launched if "an allegation is reported, and if the allegation meets the legal definition of abuse or neglect," said DFPS spokesperson Patrick Crimmins.

In general, CPS investigators who find evidence of abuse may decide to set up services for the family to remove the threat to the child or stage some other intervention. In extreme cases, they may ask for an order from a judge to either temporarily or permanently remove children from the home.

Their worst fear

Still, transgender kids Libby knows "are freaking out, coming home from school crying. I mean, she also has cried a lot," Rachel Gonzales said. "That would cause irreparable harm to any family and any child to remove a kid from their home in a state where the government is very intentionally trying to hurt them."

Even an investigation itself can be traumatic, life-altering and invasive, Andresen said. A DFPS investigator may interview family members and others familiar with a family or the child in order to decide whether there is reason to believe abuse is taking place or whether to rule it out, among other possible outcomes.

"Parents that have the money and resources are seriously thinking about looking to move outside of Texas," said Andresen, whose wife sometimes works with transgender families in her job as a family attorney. "Even if there is no legal grounds, why would you stay here with somebody threatening to investigate you?" Also, any protection under the law could be wiped away easily if Texas lawmakers - an increasingly conservative bunch - decide to change the code, which could effectively make gender-affirming therapy for minors illegal in Texas.

Adelyn's care has "really been life-changing" for the Rio Grande Valley girl, her mother said.

"How is that considered child abuse to accept them and love them?" Adamalis Vigil asks. "How can they overstep their power and try to come and tell me how I should love my child?"
Disclosure: Equality Texas has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

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Transgender Texas kids are terrified after governor orders that parents be investigated for child abuse

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Sign up for The Brief, our daily newsletter that keeps readers up to speed on the most essential Texas news. For LGBTQ mental health support, call the Trevor Project's 24/7 toll-free support line at 866-488-7386. You can also reach a trained crisis counselor through the National Suicide Prevention Lifeline by calling 800-273-8255 or texting 741741.

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Slide #6 Statutory Law - Duty to Report Suspected Child Abuse

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Slide #6 Statutory Law - Duty to Report Suspected Child Abuse

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Duty to Report Suspected Child Abuse (2021,  42 U.S.C. § 13031.Duty to Report

Statutory Law

https://uscode.house.gov/view.xhtml?req=granuleid:USC-2000-title42-section13031&num=0&edition=2000#:~:text=A%20person%20who%2C%20while%20engaged,possible%20make%20a%20report%20of

all professionals who suspect child abuse while a part of professions or activities occurring on federal land or in federal facilities is obligated to report that abuse, despite where the victim resides.

professionals working in education who are required to report suspected abuse include teachers, teacher's aides or assistants, school counselors and guidance personnel, school officials, and school administrators.

a standard report form shall be available to all reporters, but not in lieu of oral or telephonically, etc communication.

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Texas Family Code §261.001. (2021, September 1) Title 5: The parent-child relationship and the suit affecting the parent-child relationship. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

Statutory Law

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

an individual responsible for a child's care, custody, or welfare must make a report to CPS, the proper law enforcement, or a state agency

The report must occur within 48 hours of the circumstances that led to the suspicion

“individuals responsible” is further defined in the code as to include school personnel

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Slide #8 Administrative Law: Reporting Child Abuse or Neglect, Including Trafficking of a Child, 19 Tex. Admin. Code § 61.1051

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Slide #8 Administrative Law: Reporting Child Abuse or Neglect, Including Trafficking of a Child, 19 Tex. Admin. Code § 61.1051

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Reporting Child Abuse or Neglect, Including Trafficking of a Child, 19 Tex. Admin. Code § 61.1051

Administrative Law

https://texreg.sos.state.tx.us/public/readtac%24ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=61&rl=1051

every school employee that suspects child abuse must submit a written or oral report to the proper authorities within 48 hours or less, after learning the facts that support the suspicion.

Each school district is required to adopt and implement a policy addressing abuse and provide an informational handbook with the outlined policy available to all school personnel, parents, and students.

Provisions of proper employee training are included within the code as well as the execution of age-appropriate anti-victimization programs.

requirement of a report to the Texas Department of Family and Protective Services must be included in the policy if the suspected abuse or neglect involves a person responsible for caring for the child

School personnel must be notified of penalties under Texas Penal Code, §39.06; Texas Family Code, §261.109; and Chapter 249 to include prohibiting interference in an investigation, provisions for immunity and confidentiality, and any disciplinary action due to noncompliance.

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Slide #9 Judicial Law: STATE of Washington, Respondent, v. Tanya Desiree JAMES-BUHL

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Slide #9 Judicial Law: STATE of Washington, Respondent, v. Tanya Desiree JAMES-BUHL

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State of Washington, Respondent, v. Tanya Desiree James-BuhlL, No. 48393-9-II(2017)

Judicial Law

https://casetext.com/case/state-v-james-buhl-

The state charged Ms. James-Buhl with failure to follow the mandatory reporting law for not reporting her daughter’s disclosure that her stepfather had sexually abused her. The question, in this case, regarded that although Ms. James-Buhl was a teacher in the district her daughter attended, could she still be held accountable as this was a daughter divulging information to her mother, rather than an employee gaining the information in their employment?

Initially, the charges were dismissed as Ms. James-Buhl stated as a parent, she did not have adequate reason to believe the abuse took place. However, upon further review and consideration, the court overruled this initial decision and further proceedings would be initiated.

In finality, the court became to the opinion that mandatory duty reporting requires a  connection between occupational duty and the report of abuse by the student. Since no connection between Ms. James-Buhl’s role in employment and the offense could be established, this individual could not be held accountable in these regards.

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Slide # 10-  FWISD Policy: Reporting Suspected Child Abuse

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Slide # 10-  FWISD Policy: Reporting Suspected Child Abuse

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Fort Worth ISD. (2022).  Employee Handbook. https://www.fwisd.org/Page/15605

Administrative Law

https://www.fwisd.org/Page/15605

The FWISD Employee Handbook integrates a policy outlining the lawful stipulation of  reporting suspected child abuse, accountability, and provides the details of legal consequences.  FWISD’s Employee Handbook (2022), references Texas Family code §261.001 regarding state law requirements and states “all employees with reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect, as defined by Texas Family Code §261.001, are required by state law to make a report to a law enforcement agency, Child Protective Services (CPS), or appropriate state agency (e.g., state agency operating, licensing, certifying, or registering a facility) within 48 hours (two calendar days) of the event that led to the suspicion (p.41). Concerning consequences, the handbook asserts that an employee who suspects child abuse, but neglects to report the suspicion to the proper organization or authority, could lead to prosecution as a Class A misdemeanor, state jail felony, and possible disciplinary action by SBEC regarding certification for professionals

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Slide #11 Ethical Principle: ASCA Ethical Standards for School Counselors A.12(a) Child Abuse

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Slide #11 Ethical Principle: ASCA Ethical Standards for School Counselors A.12(a) Child Abuse

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ASCA Ethical Standards for School Counselors A.12(a) Child Abuse

American School Counselor Association. (2022). ASCA ethical standards for school counselors.

https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/Ethi

calStandards.pdf

According to the American School Counseling Association (2022), A.12.a, counselors must “report to the proper authorities, as mandated by the state, all suspected cases of child abuse and neglect, recognizing that certainty is not required, only reasonable suspicion”(p.6). This directive in the ethical standards for school counselors clearly outlines the expectation and obligation in reporting suspected child abuse to the proper authorities, in all regards, to ensure the well-being of the child.

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Slide #12 Non-Law Source: LINK FOR COUNSELORS - Website offering Publications

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Slide #12 Non-Law Source: LINK FOR COUNSELORS - Website offering Publications

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Link of Counselors. (2023). The role of school counselors in identifying abuse. https://www.linkforcounselors.com/the-role-of-school-counselors-in-identifying-abuse/

This website is helpful for gaining information concerning the role of a school counselor in regard to applicable and appropriate topics. This current publication, in particular, provides information on the school counselor’s role in identifying abuse, how to help students that have experienced abuse, and what happens when a report is filed. Additionally, statistics are provided with an outline of types of abuse.

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As a school counselor, you have to juggle the needs of so many students at once. The role of a school counselor is to help students achieve academic and personal success so that they can continue on to their next step and pursue their dreams. While that might be as simple as coaching younger students in identifying their interests or helping high schoolers apply for college, counseling can also be a lot more complex and emotionally challenging.

In a perfect world, school counselors would only have to worry about the academic aspects of their students' lives. However, many children experience abuse and neglect at home. Others are dealing with their own or a family member's mental health problems. It's part of a counselor's role to know how to identify abuse and take appropriate action for the student's best interest.
Statistics On Domestic Abuse & Neglect
Family violence and neglect are sadly much more common than we would like to think. In 2019, there were about 1.2 million cases of reported domestic violence in the United States. This number doesn't include incidents that went unreported, of course, so the actual number is much higher. Only a little more than half of all domestic violence cases were reported to law enforcement in that same year.

Even if children in abusive homes aren't being victimized directly, they typically witness it between their parents or other family members. About 10 million children witness these kinds of interactions each year, affecting their sense of safety and security, affecting their mental health, and shaping their worldviews.

During the COVID-19 pandemic, incidents of domestic violence rose, with some cities seeing a 20% increase in calls during February and March of 2020. Now that most students are back at school in-person, it's easier for counselors to notice problems that their students might be having at home.
Types of Abuse Affecting Children and Teens
Children and teens can experience different kinds of domestic abuse at home. These tend to fall into a few major categories:

Physical abuse - Hitting, kicking, beating, punching, or otherwise causing physical pain and harm. Locking a child in a room or withholding needs is also a type of physical abuse.

Sexual abuse - Forcing sexual contact. Children can never consent to sexual contact.

Emotional abuse - Manipulation, intimidation, insults, and other tactics to emotionally control, frighten, shame, or humiliate someone.

Neglect-Failure to provide basic necessities like access to food, water, sleep, shelter, hygiene, and healthcare.

Obviously, children can experience more than one type of abuse simultaneously. Abuse of any kind affects a child's welfare, safety, and health. Making a child watch abuse take place is also a form of child abuse.
Signs of Family Violence and Neglect
As a counselor, it can be difficult to tell if a child is being abused at home. Most children don't feel safe speaking up about their situation. Others feel ashamed or embarrassed about what they're experiencing, even though it's not their fault.

It's extremely important for counselors to keep an eye out for signs of family violence and neglect when working with students. Some of the signs to look out for include:

Visible, suspicious injuries - bruises, cuts, scrapes, etc.

Wearing clothing that fully covers the body, especially during warmer months (to hide injuries)

Showing fear of adults

Withdrawing

Aggressive or defiant behavior

Struggling with friendships

Exhibiting "fearless" behavior

Being destructive

Being called "accident-prone" by parent or guardian

Spending excessive time at school and not wanting to be home

Struggling with schoolwork for no clear reason

Avoiding physical contact with others

Coming to school in the same clothes consistently

Hygiene issues

Showing signs of being excessively hungry

It's important to remember that these are not definitive signs of abuse. There are lots of reasons for unusual behavior, and children do injure themselves playing together. However, if multiple signs are coming up and a child is unwilling to talk about their home life, it's important to consider the possibility of abuse.
How to Help Students Affected By Abuse
Reporting abuse can be emotionally difficult for school counselors. No one wants to accuse a child's parents or guardians of abuse, especially when there is any uncertainty surrounding the issue. Still, it's critical for counselors to speak up and report potential abuse to the authorities.

When a report is filed, Child Protective Services will get involved. The person making the report is not identified. You might be called on to provide additional information during or after the investigation, however. The most important thing is to ensure that children and teens who might be experiencing abuse are safe. If you do need to make an abuse report and you're having trouble with your own emotions, don't hesitate to get mental health support for yourself!

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The Role of School Counselors in Identifying Abuse - Link for Counselors

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As a school counselor, you have to juggle the needs of so many students at once.

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Slide #13  Recommendations / Best Practices for Compliance:

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Slide #13  Recommendations / Best Practices for Compliance:

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Ensure School District Policies provide detailed definitions/descriptions for abuse/neglect regarding a child

Comply with the requirement of reporting the suspected child abuse to the proper authorities

Comply with the requirement of reporting the suspected child abuse within 48-hours of disclosure or initiation of concern

Provide ample information regarding laws, phone numbers and community resources regarding the reporting of suspected child abuse

Ensure ample training is provided to all stakeholders regarding signs of abuse, proper reporting, and lawful obligations

Seek and attend professional developments regarding updated policy, laws, and available resources for the reporting and handling of suspected child abuse

Keep oneself up to date on emerging issues

Provide and establish a safe environment for students to report abuse