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I will take the perspective of an elementary school counselor in the Azle Independent School District.  This legal padlet may be used by school counselors and teachers as a resource on preventing and responding to child abuse and neglect responsibilities.

I chose this topic because reporting abuse can be challenging and overwhelming. To help children effectively, we must have adequate knowledge to assist. Understanding all legal and ethical requirements can help ease some of the challenges.

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Interview with Hollie Reed, an intervention crisis counselor for Azle ISD.

Hollie Reed (personal communication, July 17, 2022) states that our job is to promote a safe environment for students to come to school and feel safe from harm. H. Reed explains that reports of abuse are happening at high speeds every day, and as educators, we need to know the signs and the legal steps we are mandated to take (personal communication, July 17, 2022). A few years ago, the position Reed is in now for Azle ISD didn’t exist until the district noticed a need for students experiencing mental health issues and child abuse and neglect cases arising throughout the state and district. Students need advocates looking out for their academics and social and emotional well-being.

Best Practices according to H. Reed (personal communication, July 17, 2022):

The compliance video training on child abuse and neglect provided by the school district is imperative as a yearly refresher.

When teachers get nervous about having to make a report themselves, Reed offers to guide them through it to support them. Reporting must be done by the individual suspecting the abuse or neglect.

Educators are there to listen and report, not to investigate.

If an educator makes a report, they must notify the school counselor and principal that they reported abuse or neglect.

Our students, more than ever, are making outcries to parents and educators that they need support. Our district, Azle ISD, and many other districts within the state are aware that there is a need for more school counselors on each campus to help support the needs of students experiencing mental health issues, including child abuse and neglect. There may be new laws that support this need coming into effect soon.

Link to Hollie Reeds Azle ISD school website: https://www.azleisd.net/Page/6390

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Counseling & Intervention / Counseling Home

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The American School Counselors Association (ASCA)(2021) posted an article, "The School Counselor and Child Abuse and Neglect Prevention," about the legal, ethical and moral responsibilities of a school counselor to report suspected cases of child abuse and neglect.

American School Counselor Association. (2021). 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

School counselors must know the mandated requirements of state laws and policies for reporting and staying current on available child abuse information programs. School counselors are to advocate for students and understand how child abuse and neglect affect children's social/emotional, physical, and mental well-being.

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The School Counselor and Child Abuse and Neglect Prevention

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School counselors are a key link in the child abuse prevention network. School counselors are responsible for reporting suspected cases of child abuse or neglect to the proper authorities. School counselors must be able to guide and assist abused and neglected students by providing appropriate services.

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Current News Article:

De La Rosa (2020) wrote an article, “Child Maltreatment Reports drop as Educators Lose Access to Students During Closures,” and stresses the importance of how educators are many children's safety nets that recognize and report abuse.

De La Rosa (2020) states that “twenty percent of child abuse reports are filed by education personnel”(“Dive Insight” section).

According to De La Rosa’s (2020) research, she found that children at home with parents under tremendous stress, such as losing a job, children were left unprotected from abusers living in their homes.

De La Rosa, S. (2020, May 21). Child maltreatment reports drop as educators lose access to students during closures. K-12 Dive. https://www.k12dive.com/news/child-maltreatment-reports-drop-as-educators-lose-access-to-students-during/578284/

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HG.org Legal Resources wrote an article, “School Counselors Reporting Child Neglect,” that shares information about mandatory reporting and some ethical duties.

“Laws are in place that requires certain professionals to report suspected child abuse or neglect” ( HG.org, 2022, “Mandatory Reports” section). Many states have the power to penalize those who fail to report.

False reporting can also be penalized, and the victim could use the defaming laws to help support their claims.

Counselors are upheld by ethical codes that should not be violated, and consequences will follow if regulations are not maintained.

This article gives an overview of the expectations of school counselors reporting child neglect and what can happen if the school counselor violates any law or ethical principle.

HG.org Legal Resources (2022). School counselors reporting child neglect.

https://www.hg.org/legal-articles/school-counselors-reporting-child-neglect-45569

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Federal Constitutional Law:

The Fourteenth Amendment of the Constitution (U.S. Const. amend. XIV) https://constitution.congress.gov/constitution/amendment-14/

All states must give all citizens equal protection under the law and access to due process.

States cannot discriminate against groups of people and must uphold the law equally.

Equal treatment for minority students and students with disabilities within education.

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State Statutory Law:

Section 261 of the Texas Family Code ( Tex. Fam. Code § 261.101) https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm#261.101

Any person ( i.e., educators) who believes that a child's physical or mental health or welfare has been negatively affected by abuse or neglect should immediately make a report.

Professionals must make a report no later than 48 hours after the first suspension of the abuse, and they are the ones that must report. They cannot depend on someone else to make it.

Reporting trumps confidentiality, so the requirement to report outways the child confiding in you due to harm.

The person reporting can report anonymously; agencies will not disclose their name unless the court appoints action.

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State Administrative Law:

Section 61 of the Texas Administrative Code (19 TAC § 61.1051) Provides the Commissioner's rules on reporting child abuse or neglect.

https://tea.texas.gov/sites/default/files/ch061ee.pdf

School districts must review policies annually for reporting child abuse and neglect. These policies must include:

the requirement to verbally or write a report within 48 hours of suspected abuse or neglect to the appropriate authority.

The person must submit a report to the Texas Department of Family and Protective Services, and the school district must not interfere with the investigation they do.

School districts must provide policies for students, staff, and parents about abuse and neglect as a handbook to be reviewed for them to know their rights.

The consistency of the laws of the state, the reporting person is the person that suspects the abuse or neglect, the phone number of the Texas Department of Family and Protective Services is provided, and schools must offer programs to students to know about abuse and neglect.

All staff personnel receives this information at the beginning of each year and training concerning preventing and recognizing child abuse and neglect.

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Federal Judicial Law:

In Doe v. Unified School Dist. (2003), Jane Doe, mother of 16-year-old Barbra Doe, filed a negligence claim against the Unified School District's elementary school teacher and principal. Doe claims that the school counselor and principal negligently failed to report or investigate allegations that Barbra Doe's stepfather had sexually abused her. Barbra Doe's stepfather had begun sexually abusing her at home starting in the third grade. She confided in three school classmates; the classmates contacted the school counselor by writing a note indicating they were worried, then met with the school counselor and informed her that Barbra had been raped by her stepfather.

The Elementary school had no writing policies that dealt with reporting allegations of sexual abuse.

The School counselor failed to report these allegations to any law enforcement agency.

The school counselor informed the principal, who also did not report this allegation.

The courts denied a judgment summary for negligence claims and moved for it to go to the Supreme Court.

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

https://law.justia.com/cases/federal/district-courts/FSupp2/255/1239/2562555/

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Azle ISD Child Abuse and Neglect Policy

All employers are required by state law to report suspected child abuse or neglect and must adhere to the Texas Family Code ( Tex. Fam. Code § 261.101).

The District Employee handbook directly provides a link and phone number to Child Protective Services.

Employees are responsible for making the report themselves, followed by letting the campus principal and school counselor know they have made the report.

A simple district form will need to be completed following the report to keep track of all reports made within the district.

Azle ISD. (2022). Azle ISD employee handbook. https://www.azleisd.net/cms/lib6/TX01917633/Centricity/Domain/40/Employee%20Handbook%202022-23%207-6-22.pdf

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The American School Counselor Association (2016) states that school counselors “convey a student’s highly sensitive information (e.g., a student’s suicidal ideation) through personal contact such as a phone call or visit and not less-secure means such as a notation in the educational record or an email. Adhere to federal, state and local laws and school board policy when conveying sensitive information” (standard A.2.l).

School counselors must make a child abuse or neglect report through secure sources.  Confidentiality is a priority for school counselors in any sensitive matter and must abide by all laws.

American School Counselor Association. (2016). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01

-3a5d657c6743/Ethical-Standards.pdf

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Personal Connection to Legal and Ethical Standards

As a school counselor, I must contribute to the education system by providing a safe learning environment encompassing students' academic, social and emotional developmental needs by reading and knowing the code of ethics (American School Counselor Association, 2016).

I am responsible for knowing the laws about child abuse to keep students safe, had a school counselor not followed the statutory law (Tex. Fam. Code § 261.101), a childhood friend may have ended up in a very bad situation when we were growing up. This has helped guide my understanding of laws and protocols.

Knowing the different sources of law, the code of ethics and my school district's policies helps keep me legally safe and ensure students' proper safety.

American School Counselor Association. (2016). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01

-3a5d657c6743/Ethical-Standards.pdf

Section 261 of the Texas Family Code ( Tex. Fam. Code § 261.101) https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm#261.101

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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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Recommendations/ Best Practices for Compliance

You must report any child abuse or neglect suspicion within 48 hours of your suspicions; you can not depend on someone else to report it.

You are not an investigator, only a reporter; clarifying questions can be asked, but you must focus on listening.

Use the training provided by your district to keep you apprised of how to identify signs of child abuse or neglect.

Know the protocols for your school, and follow them to prevent legal action against you.

Take any allegation of a child being abused or neglected seriously; there is never anything too small to keep a child safe.

Know what to say about informed consent when you are talking to students; age-appropriate words need to be used as best you can.

Know where to find your resources, such as phone numbers of protection agencies and websites.