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  Slide 1: Professional Perspective/Audience/Topic

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  Slide 1: Professional Perspective/Audience/Topic

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The topic being explored in this guide is reporting sexual abuse within school counseling. This guide is a tool used for parents and school staff such as administrators, educators, school counselors to learn the expectations of reporting neglect and sexual abuse within the education system. One of the main ethical and legal issues within school counseling is reporting sexual abuse or neglect. As school counselors, our first responsibility is to our students. School counselors are ethically, morally, and legally mandated to report sexual abuse against students (American School Counselor Association, 2021).

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The Texas Education Agency (TEA), The American Counselor Association (ASCA), and the Texas Counselor Association (TCA) govern the standards for reporting sexual abuse. Also, Child Protective Services (CPS) governs the expectations for counselors being mandated reporters of child abuse. School counselors are legally required to report suspected child abuse. Also, counselors have a duty to understand the impact of abuse on children’s academic, career and social/emotional development (American Counselor Association, 2022).

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Slide 3: federal and state constitutional law

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Slide 3: federal and state constitutional law

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The Department of Justice states that a person involved in a professional capacity such as a school counselor is legally required to report suspected child abuse (34 U.S. Code § 20341). This law provides the baseline for state laws regarding reporting child abuse. If school counselors do not adhere to the law, they are susceptible to losing their job and being sued.

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Slide 4: Statutes and Administrative Law

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Slide 4: Statutes and Administrative Law

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The Texas Constitution Family Code states that school counselors and various other personnel are required to report suspected child abuse in the state of Texas (Tex. Fam. Code 5 § 261.001) . This law outlines the requirements that all individuals must follow regarding reporting child abuse within the State of Texas. Individuals within the state of Texas are required to report abuse as well as professionals such as teachers and counselors. If a school counselor or even a non-professional fails to report abuse, they are subject to legal action. The Texas Administrative Code cover confidentiality and disclosure limitations (25 Tex. Admin. Code § 91.9). This law states that individuals who fail to act by reporting child abuse or neglect which results in harm to the child will face legal consequences.

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Washington v. James-Buhl was a court case about a Teacher named Tanya James-Buhl who failed to report the abuse of her own children. This court case focuses on the legal requirement that teachers have to report suspected child abuse, even if it is their own children. Washington v. James-Buhl took place in 2018 and found that James-Buhl’s profession requires her to report even though the abuse happened to her own children. The court case backs up the legal obligation that professionals have to report abuse (Washington v. James-Buhl ,2018).

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Slide 6: Federal regulations and mandates

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Slide 6: Federal regulations and mandates

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Texas Family Code is a set of regulations that Texas creates for various entities including the field of education. The family code specifies the regulations for mandated reporters of child abuse and neglect (19 Tex. Fam. Code 5 § 261.001).

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Slide 7: Local Administrative Law/Policy/Rule

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Slide 7: Local Administrative Law/Policy/Rule

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The United States Constitution requires that professionals who learn of child abuse are requireed by law to report (42 U.S.C. § 13031). If a school counselor does not adhere to this law, they are subject to losing their job and potential legal action such as a lawsuit. Texas Administrative Code requires counselors to adhere to confidentiality unless abuse or harm is suspected (22 Tex. Admin. Code § 681.45).

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School districts and school counselors can implement the following strategies to ensure risk management:

1. Quality training opportunities for school counselors and other school staff regarding how to identify abuse or neglect and its impact on student development

2. Training for parents and guardians pertaining to the counselor's role and mandated reporting

3. Training for counselor's and other school staff regarding how to report to Child Protective Services (CPS)

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According to Texas Administrative Law, counselors must know and understand legal and ethical standards, practices, issues, and the importance and implementation of ethical principles. These ethical principles are also outlined in-depth by The American School Counselor Association (ASCA).

(19 Tex. Amin. Code §239.15)

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=19&pt=7&ch=239&rl=15

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As a school counselor, it is my legal, ethical, and moral responsibility to be up to date with the laws pertaining to school counseling. The agency websites allowed me to educate myself regarding the laws I am required to follow. The agency websites helped me compile the information needed for this presentation which I will implement in the future. These laws have helped me make connections to my future career as a school counselor, so I can ensure best practice within the counseling field. Being knowledgeable about laws and ethics will help guide me as I serve students, school staff, and families. This guide will help me as I achieve my goals of becoming the head of guidance within my school district.

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School counselors can practice ethical strategies each day to ensure they are adhering to ethical standards. The following ethical decision making strategies are outlined by the American School Counselor Association (n.d.):

1. Keep the student’s best interest in mind.

2. Inform students of confidentiality limits

3. Be aware of values, attitudes/beliefs

4. Understand the different cultural and diverse backgrounds of students

5. Be aware of personal skills and limitations

6. Be able to back up your decisions

7. Encourage family involvement

8. Follow job descriptions and expectations

9. Consult with other professionals

10. Stay up to date with laws and court rulings

(he American School Counselor Association, n.d.)

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19 Tex. Amin. Code §239.15

20 U.S.C. § 1232g

22 Tex. Admin. Code § 681.45

25 Tex. Admin. Code § 91.9

42 U.S.C. § 13031

American School Counselor Association. (n.d.). Ethical Tips - American School Counselor Association (ASCA). Www.schoolcounselor.org. Retrieved December 5, 2023, from https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/Ethical-Legal-Tips American School Counselor Association. (2021). The School Counselor and Child Abuse and Neglect Prevention - American School Counselor Association (ASCA). Www.schoolcounselor.org. 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 Confidentiality - American School Counselor Association (ASCA). Www.schoolcounselor.org. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Confidentiality Jaffee v. Redmond, 518 U.S. 1 (1996) 19 References Texas Constitution and Statutes. (2001). FAMILY CODE CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT. Texas.gov. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm Texas Family Code 5 § 261.001 State v. James-Buhl, 190 Wash. 2d 470