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Professional Perspective - Reporting Child Abuse 

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Professional Perspective - Reporting Child Abuse 

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Professional Perspective School counselors must be familiar with laws and how they apply to their field. This knowledge will help them ensure the rights of all students are protected and avoid potential legal issues.

Audience

Reporting child abuse is an issue all school employees face at one time or another. Knowing the legal and ethical requirements will benefit all stakeholders.

Relevance of the Topic

Having a firm grasp of my role as a school counselor will guide me when working with all stakeholders.

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Federal Level - Child Welfare Information Gateway

State Level - Texas Department of Family and Protective Services (DFPS)

Summary of What I Learned
The topic I learned most from this assignment is reporting child abuse. I have made several reports over my time in education, but this assignment has provided information about the process. I also have developed some ideas about sharing with m

(Children's Bureau, 2023)

(DFPS - About DFPS, 2023)

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Learn more about Federal agencies and their initiatives to prevent child abuse and neglect.

Administration for Children and Families (ACF) Initiatives
The Administration for Children and Families' programs and initiatives include supporting healthy marriage, responsible fatherhood, and outreach to faith- and community-based programs.

Children's Bureau
As the oldest Federal agency for children, the Children's Bureau within the Administration for Children and Families has primary responsibility for administering Federal child welfare programs. The Children's Bureau seeks to provide for the safety, permanency, and well-being of children through leadership, support for necessary services, and productive partnerships with States, Tribes, and communities.

Federal Interagency Work Group on Child Abuse and Neglect
The Federal Interagency Work Group on Child Abuse and Neglect provides a forum for collaboration among Federal agencies with an interest in preventing child maltreatment.

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Federal Agencies Associated with Preventing Child Abuse and Neglect

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Learn more about Federal agencies and their initiatives to prevent child abuse and neglect.

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Federal Constitutional Law
Source: 14th Amendment ensures no individual is deprived of life, liberty, property, etc., by due process of law
In-Text Citation: (U.S. Const. amend. XIV).

Link to Full Law: https://www.archives.gov/founding-docs/constitution-transcript
Bulleted List About the Law:

Education is not directly addressed in the federal constitution.

Does provide due process to all parents and children.

State Constitutional Law
Source: ensures no individual is deprived of life, liberty, property, etc., by due process of law
In-Text Citation: (Texas Const. art 1. 1, § 19).

Link to Full Law: https://tlc.texas.gov/docs/legref/TxConst.pdf

Provides de process for all parents and children.

Requires all educators to report suspected child abuse.

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Source of law Texas Family Code Sec. 261.101. PERSONS REQUIRED TO REPORT; TIME TO REPORT.
In-text Citation (Texas Family Code 261.101, 2021)
Texas Family Code
https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm
Bullets about the law and legal requirements

Administrative Law
Texas Education Code
In-text Citation (19 Tex. Admin. Code §61.1051)
Full Link: 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

Defines child abuse or neglect

It talks about preventing maltreatment of children and an educator's obligations.

Requires training of all staff members within a district.

Each Texas school board must adopt a local policy about reporting child abuse that includes all state requirements.

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(a) The following words and terms, when used in this subchapter, have the following meanings. (1) Child abuse or neglect--The definition of child abuse or neglect includes the trafficking of a child in accordance with Texas Education Code (TEC), §38.004. (2) Other maltreatment--This term has the meaning assigned by Human Resources Code, §42.002. (3) Trafficking of a child--This term has the meaning assigned by Texas Penal Code, §20A.02(a)(5), (6), (7), or (8). (b) The board of trustees of a school district or governing body of an open-enrollment charter school shall adopt and annually review policies for reporting child abuse and neglect. The policies shall follow the requirements outlined in Texas Family Code, Chapter 261. (1) The policies must require that every school employee, agent, or contractor who suspects a child's physical or mental health or welfare has been adversely affected by abuse or neglect submit a written or oral report to at least one of the following authorities within 48 hours or less, as determined by the board of trustees, after learning of facts giving rise to the suspicion: (A) a local or state law enforcement agency; (B) the Texas Department of Family and Protective Services, Child Protective Services Division; (C) a local office of Child Protective Services, where available; or (D) the state agency that operates, licenses, certifies, or registers the facility in which the alleged child abuse or neglect occurred. (2) The policies must require a report to the Texas Department of Family and Protective Services if the alleged abuse or neglect involves a person responsible for the care, custody, or welfare of the child and must notify school personnel of the following: (A) penalties under Texas Penal Code, §39.06; Texas Family Code, §261.109; and Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases) for failure to submit a required report of child abuse or neglect; (B) applicable prohibitions against interference with an investigation of a report of child abuse or neglect, including the following: (i) Texas Family Code, §261.302 and §261.303, prohibiting school officials from denying an investigator's request to interview a student at school; and (ii) Texas Family Code, §261.302, prohibiting school officials from requiring the presence of a parent or school administrator during an interview by an investigator; (C) immunity provisions applicable to a person who reports child abuse or neglect or otherwise assists an investigation in good faith; (D) confidentiality provisions relating to reports of suspected child abuse or neglect; (E) any disciplinary action that may result from noncompliance with the district's reporting policy; and (F) the prohibition under TEC, §26.0091, against using or threatening to use the refusal to consent to administration of a psychotropic drug to a child or to any other psychiatric or psychological testing or treatment of a child as the sole basis for making a report of neglect, except as authorized by TEC, §26.0091. (3) Each school district and open-enrollment charter school shall adopt and implement a policy addressing sexual abuse, trafficking, and other maltreatment of children. The policy must be included in any informational handbook provided to students and parents and must address the following: (A) methods for increasing staff, student, and parent awareness of issues regarding sexual abuse, trafficking, and other forms of maltreatment of children, including prevention techniques and knowledge of likely warning signs indicating that a child may be a victim; (B) actions a child who is a victim of sexual abuse, trafficking, or other maltreatment should take to obtain assistance and intervention; and (C) available counseling options for students affected by sexual abuse, trafficking, or other maltreatment. (4) The policies must be consistent with Texas Family Code, Chapter 261, and 40 TAC Chapter 700 (relating to Child Protective Services) regarding investigations by the Texas Department of Family and Protective Services, including regulations governing investigation of abuse by school personnel and volunteers. (5) The policies may not require that school personnel report suspicions of child abuse or neglect to a school administrator prior to making a report to one of the agencies identified in paragraph (1) of this subsection. (6) The policies must include the current toll-free telephone number of the Texas Department of Family and Protective Services. (7) The policies must provide for cooperation with law enforcement child abuse investigations without the consent of the child's parent, if necessary, including investigations by the Texas Department of Family and Protective Services. (8) The policies must include child abuse anti-victimization programs in elementary and secondary schools consisting of age-appropriate, research-based prevention designed to promote self-protection and prevent sexual abuse and trafficking. (c) The policies required by this section and adopted by the board of trustees shall be distributed to all school personnel at the beginning of each school year. The policies shall be addressed in staff development programs at regular intervals determined by the board of trustees. (d) Training concerning prevention techniques for, and recognition of, sexual abuse, trafficking, and all other maltreatment of children, including the sexual abuse, trafficking, and other maltreatment of children with significant cognitive disabilities, must be provided as a part of new employee orientation to all new school district and open-enrollment charter school employees and to existing school district and open-enrollment charter school employees not previously trained as required by TEC, §38.0041. (1) The training must include: (A) factors indicating a child is at risk for sexual abuse, trafficking, or other maltreatment; (B) warning signs indicating a child may be a victim of sexual abuse, trafficking, or other maltreatment; (C) internal procedures for seeking assistance for a child who is at risk for sexual abuse, trafficking, or other maltreatment, including referral to a school counselor, a social worker, or another mental health professional; (D) techniques for reducing a child's risk for sexual abuse, trafficking, or other maltreatment; and (E) information on community organizations that have relevant research-based programs that are able to provide training or other education for school district or open-enrollment charter school staff, students, and parents. (2) Each school district and open-enrollment charter school must maintain records that include the name of each staff member who participated in training. (3) To the extent that resources are not yet available from the Texas Education Agency or commissioner of education, school district and open-enrollment charter schools shall implement the policies and trainings with existing or publicly available resources. The school district or open-enrollment charter school may also work in conjunction with a community organization to provide the training at no cost to the district or charter school. (e) Using a format and language that is clear, simple, and understandable to students, each public school and open-enrollment charter school shall post, in English and in Spanish: (1) the current toll-free Texas Department of Family and Protective Services Abuse Hotline telephone number; (2) instructions to call 911 for emergencies; and (3) directions for accessing the Texas Department of Family and Protective Services website (www.txabusehotline.org) for more information on reporting abuse, neglect, and exploitation. (f) School districts and open-enrollment charter schools shall post the information specified in subsection (e) of this section at each school campus in at least one high-traffic, highly and clearly visible public area that is readily accessible to and widely used by students. The information must be on a poster (11x17 inches or larger) in large print and placed at eye-level to the student for easy viewing. Additionally, the current toll-free Texas Department of Family and Protective Services Abuse Hotline telephone number should be in bold print.

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(a) The following words and terms, when used in this subchapter, have the following meanings. (1) Child abuse or neglect--The definition of child abuse or neglect includes the trafficking of a child in accordance with Texas Education Code (TEC), §38.004. (2) Other maltreatment--This term has the meaning assigned by Human Resources Code, §42.002.

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Summary:

This case concerns a school counselor who did not follow mandatory reporting requirements in Kansas. By not filing this report, the student continued to be abused by an individual who goes against the ethics of school counselors. When the parent learned of the abuse several years after the counselor was told about the abuse is when the case was filed.

Precedent:

The precedent set was that the classmates who reported the abuse might not trust the authority to protect them. Also, it could be said the school district might have a policy about reporting child abuse, but they only have it to meet legal requirements and choose not to follow the procedure.

Impacts my topic:

This type of negligence gives school counselors a poor image. It provides a negative perspective on what counselors are at school for. It also provides a negative impression of the school district and could cause parents to choose to move their students to another section.

In-text Citation (Doe v. Unified School District, 2003)

https://law.justia.com/cases/federal/district-courts/FSupp2/255/1251/2562541/

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The US Constitution does not directly address reporting child abuse.

The federal government does have guidelines within US Codes. Under 42 U.S.C. § 13031, the duty to report suspected child abuse.

The law provides immunity to individuals who, in good faith, report suspected child abuse and neglect.

It also provides guidelines for uniform reporting processes among all agencies and organizations that receive federal funds.

(Texas Family Code 261.101, 2021)
Texas Family Code
https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

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Brookesmith ISD is the school district I work for, and we have a local policy about student welfare, including child abuse and neglect. This is a state requirement, but our district takes this topic to heart and diligently acts to protect all our students.

All employees are mandatory reporters.

All personnel will receive training on recognizing and reporting child abuse and neglect upon employment.

All personnel will also be expected to report any suspected abuse.

A list of who a report may be made to.

The policy also states consequences of not filing reports when necessary are subject to termination of employment, loss of certification, and possible criminal action.

The responsibilities regarding investigations are also included in the local policy.

Brookesmith ISD Local Board Policy
(Brookesmith ISD, 2023)

https://pol.tasb.org/PolicyOnline/PolicyDetails?key=238&code=FFG#localTabContent

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Brookesmith ISD Board Policy Manual - Policy Online

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1. Contingency Planning

1. This is important for all schools and employees. As mandatory reporters, it is vital to have a process in place when it is necessary to report child abuse. Educators are mandatory reporters, but it might be a requirement also to let the school administration know that a report was made.

2. (Auditboard, 2021)

2. Risk-Reward Analysis

1. According to some stakeholders, educators are mandatory reporters; this strategy is doing the right and legal thing even though it might result in a negative outcome. At times education has difficult moments; knowing the reporting of suspected child abuse can harm a student or family. The reward side of this knows the child is safe.

2. (Auditboard, 2021)

3. Staff Training

1. It is important to train all staff members to recognize child abuse. This training should include how to report the suspected abuse and information about how the district will support them.

2. (Nelson, 2023)

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Citation for the code of ethics (ASCA, 2023)

Link to the code of ethics https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

American School Counselors Association is an organization that the state organizations and local policies design their school counseling programs after.

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Personal Connection to Legal and Ethical Standards

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Personal Connection to Legal and Ethical Standards

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I have already made several reports of suspected child abuse.

As the only School Counselor in my district, I must put the safety of all the students first which includes reporting suspected child abuse no matter who the family is.

Abiding by both federal and state mandatory reporting laws is an obvious aspect of being a school counselor, but it is also just something I feel as an adult I should do. Protecting all children is what I feel I must do without hesitation.

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Make necessary reports of abuse to Child Protective Services within 48 hours as required by law.

Do not speak to the family about the report.

It is not an educator's job to investigate suspected child abuse.

Provide a positive and supportive environment.

Notify the administration when a report is made.

Provide professional development in consultation on child abuse to school staff, families, and the school community (ASCA, 2023).

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ASCA. (2023). ASCA Ethical Standards for School Counselors. American School Counselor Association. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

Brookesmith ISD. (2023). Student Welfare: Child Abuse and Neglect. Brookesmith ISD. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=238&code=FFG

Doe v. Unified School District, 255 F. Supp. 2d 1239 (D. Kan. 2003)

Nelson, L. (2019, July). Handbook of Counseling and Counselor Education. Routledge Handbooks Online. https://www.routledgehandbooks.com/doi/10.4324/9781351164207-21

Texas Family Code Stat 261.101 (1995 & rev 2021). https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

TEA (2019, November 6) Texas Administrative Code 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.

Texas Constitution Article 1, Sec. 19. Deprivation of life, liberty, property, etc. by due course of law.

U.S. Constitution. Amendment 14 Sec. 1.5.8.1: Parental and children’s rights and due process.

Family Educational Rights and Privacy Act 20 U.S.C. § 1232g; 34 CFR Part 99