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As a future school counselor and a former special education teacher, I have a strong interest in promoting student safety. Understanding the laws and specific ethical guidelines surrounding this sensitive topic is imperative to me.

I chose to make this guide on the topic of mandated reporting of child abuse in school counseling. This guide is designed for school counselors, educators, administrators, and future education professionals who are navigating mandated reporting laws.

This topic was chosen from the heart. I often think about how the topic of child abuse is a delicate balance between confidentiality and legal obligations. These sensitive situations are ethically complex, especially when disclosures can be incomplete or from a young child, so they may not be detailed or as clear-cut as one would hope. I hope to help others to better understand how critical and time-sensitive these decisions can be.

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Overall, what I've learned is that immediate mandated reporting about suspected abuse is required by the Federal and State agencies. The mandated reporter is being held accountable if an episode of abuse occurs and it is not reported, so that the school is not. As a future school counselor, I have to understand how these layers of authority work together and where my legal responsibility begins to fulfill my ethical and legal duty to protect students.

Federal Governing Agency:

U.S. Department of Health and Human Services (HHS)

Division: Administration for Children and Families (ACF)

Website (also seen above): https://www.acf.hhs.gov

The ACF is responsible for overseeing programs that protect the well-being of children and families. It enforces the “Child Abuse Prevention and Treatment Act” (CAPTA). To obtain federal funds, CAPTA describes child abuse using national criteria and requires state compliance. ACF works with state child welfare agencies to promote mandated reporting, funding training initiatives, and improving inter-agency coordination.

The federal government plays a foundational role in setting reporting expectations but delegates enforcement to state-level agencies.

Federal accountability is tied to funding. States that do not comply with CAPTA risk losing critical support for child welfare services.

HHS also encourages data tracking, interagency communication, and training to promote consistent reporting practices nationwide.

Texas Governing Agency:

Texas Department of Family and Protective Services (DFPS)

Website: https://www.dfps.texas.gov/

DFPS is the Texas agency that is in charge of looking into reports of abuse, neglect, and exploitation. It operates the Texas Abuse Hotline, provides mandated reporter training, and collaborates with schools, law enforcement, and social service providers to protect children. DFPS interprets and enforces Texas Family Code § 261.101, which requires all individuals, including school personnel, to report suspected abuse within 48 hours.

DFPS ensures legal accountability at the individual level, so mandated reporters who fail to report suspected abuse can face criminal penalties.

DFPS provides schools and educators with training and policy support, including clarification on what constitutes “reasonable suspicion.”

Unlike federal agencies, DFPS has the direct authority to investigate reports and take protective actions. It is a critical frontline partner for school counselors.

References:

U.S. Department of Health & Human Services. (n.d.). Administration for Children & Families. https://www.acf.hhs.gov

Texas Department of Family and Protective Services. (n.d.). About DFPS. https://www.dfps.state.tx.us

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Welcome To ACF | The Administration for Children and Families

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THE TEXAS CONSTITUTION ARTICLE 1, section 19 (Due Course of Law)

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Federal Constitutional Law:

Law: U.S. Constitution, Fourteenth Amendment – Due Process Clause

https://constitution.congress.gov/constitution/amendment-14/

According to the U.S. Constitution (n.d.), the Fourteenth Amendment ensures individuals are not deprived of life, liberty, or property without due process of law.

Protects individuals’ rights to privacy and parental rights.

Limits government action in family matters unless there's a compelling interest, like child safety.

School counselors must be mindful of this when intervening in family matters.

Texas Constitutional Law:

Law (see above): Texas Constitution, Article I, Section 19 – Due Course of Law

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm#1.19

The Texas Constitution (1876) guarantees that no citizen shall be deprived of liberty or property without due process of law.

Mirrors federal due process protections.

Supports student rights within schools.

Important when reporting abuse to ensure a fair and legal process.

References:

U.S. Constitution. amend. XIV. https://constitution.congress.gov/constitution/amendment-14/

Texas Constitution. art. I, § 19. https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm#1.19

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THE TEXAS CONSTITUTION



ARTICLE 1. BILL OF RIGHTS



That the general, great and essential principles of liberty and free government may be recognized and established, we declare:


Sec. 1. FREEDOM AND SOVEREIGNTY OF STATE. Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.


(Feb. 15, 1876.)


Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.


(Feb. 15, 1876.)


Sec. 3. EQUAL RIGHTS. All freemen†, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.


(Feb. 15, 1876.)


† The language of this provision is identical to the language of the official legislative measure that originally proposed the provision. A digital image of the original text of the official enrolled measure can be found here.


Sec. 3a. EQUALITY UNDER THE LAW. Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.


(Added Nov. 7, 1972.)


Sec. 4. RELIGIOUS TESTS. No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.


(Feb. 15, 1876.)


Sec. 5. WITNESSES NOT DISQUALIFIED BY RELIGIOUS BELIEFS; OATHS AND AFFIRMATIONS. No person shall be disqualified to give evidence in any of the Courts of this State on account of his religious opinions, or for the want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.


(Feb. 15, 1876.)


Sec. 6. FREEDOM OF WORSHIP. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.


(Feb. 15, 1876.)


Sec. 6-a. RELIGIOUS SERVICE PROTECTIONS. This state or a political subdivision of this state may not enact, adopt, or issue a statute, order, proclamation, decision, or rule that prohibits or limits religious services, including religious services conducted in churches, congregations, and places of worship, in this state by a religious organization established to support and serve the propagation of a sincerely held religious belief.


(Added Nov. 2, 2021.)


Sec. 7. APPROPRIATIONS FOR SECTARIAN PURPOSES. No money shall be appropriated, or drawn from the Treasury for the benefit of any sect, or religious society, theological or religious seminary; nor shall property belonging to the State be appropriated for any such purposes.


(Feb. 15, 1876.)


Sec. 8. FREEDOM OF SPEECH AND PRESS; LIBEL. Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecutions for the publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the Court, as in other cases.


(Feb. 15, 1876.)


Sec. 9. SEARCHES AND SEIZURES. The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.


(Feb. 15, 1876.)


Sec. 10. RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS. In all criminal prosecutions the accused shall hav† a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself† and shall have the right of being heard by himself or counsel, or both, shall be confronted by the witnesses against him and shall have compulsory process for obtaining witnesses in his favor, except that when the witness resides out of the State and the offense charged is a violation of any of the anti-trust laws of this State, the defendant and the State shall have the right to produce and have the evidence admitted by deposition, under such rules and laws as the Legislature may hereafter provide; and no person shall be held to answer for a criminal offense.† unless on an indictment of a grand jury, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penetentiary†, in cases of impeachment, and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger.


(Feb. 15, 1876. Amended Nov. 5, 1918.)


† The language of this provision is identical to the language of the official legislative measure that originally proposed the provision. A digital image of the original text of the official enrolled measure can be found here.


Sec. 11. BAIL. All prisoners shall be bailable by sufficient sureties, unless for capital offences†, when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.


(Feb. 15, 1876.)


† The language of this provision is identical to the language of the official legislative measure that originally proposed the provision. A digital image of the original text of the official enrolled measure can be found here.


Sec. 11a. DENIAL OF BAIL AFTER MULTIPLE FELONIES. (a) Any person (1) accused of a felony less than capital in this State, who has been theretofore twice convicted of a felony, the second conviction being subsequent to the first, both in point of time of commission of the offense and conviction therefor, (2) accused of a felony less than capital in this State, committed while on bail for a prior felony for which he has been indicted, (3) accused of a felony less than capital in this State involving the use of a deadly weapon after being convicted of a prior felony, or (4) accused of a violent or sexual offense committed while under the supervision of a criminal justice agency of the State or a political subdivision of the State for a prior felony, after a hearing, and upon evidence substantially showing the guilt of the accused of the offense in (1) or (3) above, of the offense committed while on bail in (2) above, or of the offense in (4) above committed while under the supervision of a criminal justice agency of the State or a political subdivision of the State for a prior felony, may be denied bail pending trial, by a district judge in this State, if said order denying bail pending trial is issued within seven calendar days subsequent to the time of incarceration of the accused; provided, however, that if the accused is not accorded a trial upon the accusation under (1) or (3) above, the accusation and indictment used under (2) above, or the accusation or indictment used under (4) above within sixty (60) days from the time of his incarceration upon the accusation, the order denying bail shall be automatically set aside, unless a continuance is obtained upon the motion or request of the accused; provided, further, that the right of appeal to the Court of Criminal Appeals of this State is expressly accorded the accused for a review of any judgment or order made hereunder, and said appeal shall be given preference by the Court of Criminal Appeals.


(b) In this section:


(1) "Violent offense" means:


(A) murder;


(B) aggravated assault, if the accused used or exhibited a deadly weapon during the commission of the assault;


(C) aggravated kidnapping; or


(D) aggravated robbery.


(2) "Sexual offense" means:


(A) aggravated sexual assault;


(B) sexual assault; or


(C) indecency with a child.


(Added Nov. 6, 1956; amended Nov. 8, 1977; Subsec. (a) amended and (b) added Nov. 2, 1993.)


Sec. 11b. DENIAL OF BAIL FOR VIOLATION OF CONDITION OF RELEASE. Any person who is accused in this state of a felony or an offense involving family violence, who is released on bail pending trial, and whose bail is subsequently revoked or forfeited for a violation of a condition of release may be denied bail pending trial if a judge or magistrate in this state determines by a preponderance of the evidence at a subsequent hearing that the person violated a condition of release related to the safety of a victim of the alleged offense or to the safety of the community.


(Added Nov. 8, 2005; amended Nov. 6, 2007.)


Sec. 11c. DENIAL OF BAIL FOR VIOLATION OF PROTECTIVE ORDER INVOLVING FAMILY VIOLENCE. The legislature by general law may provide that any person who violates an order for emergency protection issued by a judge or magistrate after an arrest for an offense involving family violence or who violates an active protective order rendered by a court in a family violence case, including a temporary ex parte order that has been served on the person, or who engages in conduct that constitutes an offense involving the violation of an order described by this section may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate in this state determines by a preponderance of the evidence that the person violated the order or engaged in the conduct constituting the offense.


(Added Nov. 6, 2007.)


Sec. 12. HABEAS CORPUS. The writ of Habeas Corpus is a writ of right, and shall never be suspended. The Legislature shall enact laws to render the remedy speedy and effectual.


(Feb. 15, 1876.)


Sec. 13. EXCESSIVE BAIL OR FINES; CRUEL OR UNUSUAL PUNISHMENT; OPEN COURTS; REMEDY BY DUE COURSE OF LAW. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.


(Feb. 15, 1876.)


Sec. 14. DOUBLE JEOPARDY. No person, for the same offence†, shall be twice put in jeopardy of life or liberty,† nor shall a person be again put upon trial for the same offence,† after a verdict of not guilty in a court of competent jurisdiction.


(Feb. 15, 1876.)


† The language of this provision is identical to the language of the official legislative measure that originally proposed the provision. A digital image of the original text of the official enrolled measure can be found here and here.


Sec. 15. RIGHT OF TRIAL BY JURY. The right of trial by jury shall remain inviolate. The Legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency. Provided, that the Legislature may provide for the temporary commitment, for observation and/or treatment, of mentally ill persons not charged with a criminal offense, for a period of time not to exceed ninety (90) days, by order of the County Court without the necessity of a trial by jury.


(Feb. 15, 1876. Amended Aug. 24, 1935.)


Sec. 15-a. COMMITMENT OF PERSONS OF UNSOUND MIND. No person shall be committed as a person of unsound mind except on competent medical or psychiatric testimony. The Legislature may enact all laws necessary to provide for the trial, adjudication of insanity and commitment of persons of unsound mind and to provide for a method of appeal from judgments rendered in such cases. Such laws may provide for a waiver of trial by jury, in cases where the person under inquiry has not been charged with the commission of a criminal offense, by the concurrence of the person under inquiry, or his next of kin, and an attorney ad litem appointed by a judge of either the County or Probate Court of the county where the trial is being held, and shall provide for a method of service of notice of such trial upon the person under inquiry and of his right to demand a trial by jury.


(Added Nov. 6, 1956.)


Sec. 16. BILLS OF ATTAINDER; EX POST FACTO OR RETROACTIVE LAWS; IMPAIRING OBLIGATION OF CONTRACTS. No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made.


(Feb. 15, 1876.)


Sec. 17. TAKING PROPERTY FOR PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES. (a) No person's property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is for:


(1) the ownership, use, and enjoyment of the property, notwithstanding an incidental use, by:


(A) the State, a political subdivision of the State, or the public at large; or


(B) an entity granted the power of eminent domain under law; or


(2) the elimination of urban blight on a particular parcel of property.


(b) In this section, "public use" does not include the taking of property under Subsection (a) of this section for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues.


(c) On or after January 1, 2010, the legislature may enact a general, local, or special law granting the power of eminent domain to an entity only on a two-thirds vote of all the members elected to each house.


(d) When a person's property is taken under Subsection (a) of this section, except for the use of the State, compensation as described by Subsection (a) shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the Legislature, or created under its authority, shall be subject to the control thereof.


(Feb. 15, 1876. Amended Nov. 3, 2009.)


Sec. 18. IMPRISONMENT FOR DEBT. No person shall ever be imprisoned for debt.


(Feb. 15, 1876.)


Sec. 19. DEPRIVATION OF LIFE, LIBERTY, PROPERTY, ETC. BY DUE COURSE OF LAW. No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.


(Feb. 15, 1876.)


Sec. 20. OUTLAWRY OR TRANSPORTATION OUT OF STATE FOR OFFENSE. No citizen shall be outlawed. No person shall be transported out of the State for any offense committed within the same. This section does not prohibit an agreement with another state providing for the confinement of inmates of this State in the penal or correctional facilities of that state.


(Feb. 15, 1876. Amended Nov. 5, 1985.)


Sec. 21. CORRUPTION OF BLOOD; FORFEITURE OF ESTATE; SUICIDES. No conviction shall work corruption of blood, or forfeiture of estate, and the estates of those who destroy their own lives shall descend or vest as in case of natural death.


(Feb. 15, 1876.)


Sec. 22. TREASON AGAINST STATE. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort; and no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on confession in open court.


(Feb. 15, 1876.)


Sec. 23. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defence† of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.


(Feb. 15, 1876.)


† The language of this provision is identical to the language of the official legislative measure that originally proposed the provision. A digital image of the original text of the official enrolled measure can be found here.


Sec. 24. MILITARY SUBORDINATE TO CIVIL AUTHORITY. The military shall at all times be subordinate to the civil authority.


(Feb. 15, 1876.)


Sec. 25. QUARTERING SOLDIERS IN HOUSES. No soldier shall in time of peace be quartered in the house of any citizen without the consent of the owner, nor in time of war but in a manner prescribed by law.


(Feb. 15, 1876.)


Sec. 26. PERPETUITIES AND MONOPOLIES; PRIMOGENITURE OR ENTAILMENTS. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed, nor shall the law of primogeniture or entailments ever be in force in this State.


(Feb. 15, 1876.)


Sec. 27. RIGHT OF ASSEMBLY; PETITION FOR REDRESS OF GRIEVANCES. The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance.


(Feb. 15, 1876.)


Sec. 28. SUSPENSION OF LAWS. No power of suspending laws in this State shall be exercised except by the Legislature.


 (Feb. 15, 1876.)


Sec. 29. BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT AND INVIOLATE. To guard against transgressions of the high powers herein delegated, we declare that every thing in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.


(Feb. 15, 1876.)


Sec. 30. RIGHTS OF CRIME VICTIMS. (a) A crime victim has the following rights:


(1) the right to be treated with fairness and with respect for the victim's dignity and privacy throughout the criminal justice process; and


(2) the right to be reasonably protected from the accused throughout the criminal justice process.


(b) On the request of a crime victim, the crime victim has the following rights:


(1) the right to notification of court proceedings;


(2) the right to be present at all public court proceedings related to the offense, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial;


(3) the right to confer with a representative of the prosecutor's office;


(4) the right to restitution; and


(5) the right to information about the conviction, sentence, imprisonment, and release of the accused.


(c) The legislature may enact laws to define the term "victim" and to enforce these and other rights of crime victims.


(d) The state, through its prosecuting attorney, has the right to enforce the rights of crime victims.


(e) The legislature may enact laws to provide that a judge, attorney for the state, peace officer, or law enforcement agency is not liable for a failure or inability to provide a right enumerated in this section. The failure or inability of any person to provide a right or service enumerated in this section may not be used by a defendant in a criminal case as a ground for appeal or post-conviction writ of habeas corpus. A victim or guardian or legal representative of a victim has standing to enforce the rights enumerated in this section but does not have standing to participate as a party in a criminal proceeding or to contest the disposition of any charge.


(Added Nov. 7, 1989.)


Sec. 31. FUNDS FOR COMPENSATION TO VICTIMS OF CRIME. (a) The compensation to victims of crime fund created by general law and the compensation to victims of crime auxiliary fund created by general law are each a separate dedicated account in the general revenue fund.


(b) Except as provided by Subsection (c) of this section and subject to legislative appropriation, money deposited to the credit of the compensation to victims of crime fund or the compensation to victims of crime auxiliary fund from any source may be expended as provided by law only for delivering or funding victim-related compensation, services, or assistance.


(c) The legislature may provide by law that money in the compensation to victims of crime fund or in the compensation to victims of crime auxiliary fund may be expended for the purpose of assisting victims of episodes of mass violence if other money appropriated for emergency assistance is depleted.


(Added Nov. 4, 1997.)


Sec. 32. MARRIAGE. (a) Marriage in this state shall consist only of the union of one man and one woman.


(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.


(Added Nov. 8, 2005.)


Sec. 33. PUBLIC ACCESS TO AND USE OF PUBLIC BEACHES. (a) In this section, "public beach" means a state-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of state-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law.


(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.


(c) The legislature may enact laws to protect the right of the public to access and use a public beach and to protect the public beach easement from interference and encroachments.


(d) This section does not create a private right of enforcement.


(Added Nov. 3, 2009.)


Sec. 34. RIGHT TO HUNT, FISH, AND HARVEST WILDLIFE. (a) The people have the right to hunt, fish, and harvest wildlife, including by the use of traditional methods, subject to laws or regulations to conserve and manage wildlife and preserve the future of hunting and fishing.


(b) Hunting and fishing are preferred methods of managing and controlling wildlife.


(c) This section does not affect any provision of law relating to trespass, property rights, or eminent domain.


(d) This section does not affect the power of the legislature to authorize a municipality to regulate the discharge of a weapon in a populated area in the interest of public safety.


(Added Nov. 3, 2015.)


Sec. 35. RIGHT OF CERTAIN FACILITY RESIDENTS TO DESIGNATE ESSENTIAL CAREGIVER. (a) A resident of a nursing facility, assisted living facility, intermediate care facility for individuals with an intellectual disability, residence providing home and community-based services, or state supported living center, as those terms are defined by general law, has the right to designate an essential caregiver with whom the facility, residence, or center may not prohibit in-person visitation.


(b) Notwithstanding Subsection (a) of this section, the legislature by general law may provide guidelines for a facility, residence, or center described by Subsection (a) of this section to follow in establishing essential caregiver visitation policies and procedures.


(Added Nov. 2, 2021.)


Sec. 36. RIGHT TO ENGAGE IN CERTAIN AGRICULTURAL PRACTICES. (a) The people have the right to engage in generally accepted farm, ranch, timber production, horticulture, or wildlife management practices on real property they own or lease.


(b) This section does not affect the authority of the legislature to authorize by general law the regulation of generally accepted farm, ranch, timber production, horticulture, or wildlife management practices by:


(1) a state agency or political subdivision when there is clear and convincing evidence that the law or regulation is necessary to protect the public health and safety from imminent danger;


(2) a state agency to prevent a danger to animal health or crop production; or


(3) a state agency or political subdivision to preserve or conserve the natural resources of this state under Section 59, Article XVI, of this constitution.


(c) This section does not affect the authority of the legislature to authorize by general law the use or acquisition of property for a public use, including the development of the natural resources of this state under Section 59, Article XVI, of this constitution.


(Added Nov. 7, 2023, subject to resolution of an election contest under Chapter 233, Election Code, pending as of Feb. 1, 2024.)

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THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTS

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Texas Family Code § 261.101 – Persons Required to Report; Time to Report

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Statutory Law (Texas Family Code)

Law: Texas Family Code § 261.101 – Persons Required to Report; Time to Report

https://texas-sos.appianportalsgov.com/rules-and-meetings?interface=LANDING_PAGE

According to the Texas Family Code (2023), people should report suspicions of child abuse or neglect within 48 hours. The code says they cannot delegate this responsibility to another person.

Reporting is required within a period of 48 hours in cases of abuse suspicions.

Another individual cannot be delegated to report. The assigned person must fulfill the duty to report.

Legal immunity is provided to those reporting in good faith.

Administrative Law (Texas Administrative Code)

Law: 19 Texas Administrative Code § 61.1051 – Reporting Child Abuse and Neglect
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=2&ch=61&rl=1051

The Texas Administrative Code (2023) requires each school district, provide annual training for all staff about legally reporting suspected child abuse or neglect.

All school personnel have a requirement to receive annual mandated reporter training.

Documentation for all suspicions and all disclosures should be both timely and accurate.

Compliance across the district protects staff and students through a proactive approach.

References:

Texas Family Code. (2023). § 261.101 – Persons required to report; time to report. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

Texas Administrative Code. (2023). 19 TAC § 61.1051 – Reporting child abuse and neglect. https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&ti=19&pt=2&ch=61&rl=1051

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Case Law:

In Doe v. Taylor ISD (1994), the court found that school officials, including a counselor, violated a student’s constitutional rights by failing to act on known abuse.

(Linked above)

A counselor, along with other school officials, knew but did not intervene or did not report continuing sexual abuse by a teacher.

Based on the court, this inaction broke vital due process rights for students. All of those rights are given protection by way of the Fourteenth Amendment.

This case establishes a precedent for personal liability in cases of failures in protecting students from such known harm.

Case Law:

Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998)

https://supreme.justia.com/cases/federal/us/524/274/

In Gebser v. Lago Vista ISD (1998), the U.S. Supreme Court held that a school district could be held liable for teacher-student sexual harassment only if school officials had actual knowledge and were deliberately indifferent.

A teacher engaged sexual abuse a high school student.

Under Title IX, the school district was not liable, according to the Supreme Court. According to the Court, no officials had actual notice or acted with deliberate indifference.

Actual knowledge with failure to act is needed for liability, as clarified by the case, making timely reporting by school staff critical.

Since they stress communicating reports of abuse, systems must be created. Acting on these reports by all staff is also important.

References:

Doe v. Taylor Indep. Sch. Dist., 15 F.3d 443 (5th Cir. 1994).

Kennedy v. Ridgefield City Sch. Dist., 439 F.3d 1055 (9th Cir. 2006).

Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (1998).

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Jane Doe, Plaintiff-appellee, v. Taylor Independent School District, et al., Defendants,mike Caplinger in His Official Capacities and Eddy Lankfordin His Official and Individual Capacities,defendants-appellants, 15 F.3d 443 (5th Cir. 1994)

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Jane Doe, Plaintiff-appellee, v. Taylor Independent School District, et al., Defendants,mike Caplinger in His Official Capacities and Eddy Lankfordin His Official and Individual Capacities,defendants-appellants, 15 F.3d 443 (5th Cir. 1994) case opinion from the US Court of Appeals for the Fifth Circuit

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Child Abuse Prevention and Treatment Act (CAPTA), 42 U.S.C. § 5106a

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Federal Regulation (link above):

Law: Child Abuse Prevention and Treatment Act (CAPTA), 42 U.S.C. § 5106a

Under the Child Abuse Prevention and Treatment Act (CAPTA), states must enact laws requiring mandated reporting of suspected child abuse or neglect in order to receive federal funding for child protection services.

CAPTA establishes minimum federal standards for defining and responding to child abuse and neglect.

If you receive CAPTA funds, states must:

Reporting of suspected abuse is something required of all professionals, including school counselors.

Immunity from liability is granted to reporters acting in good faith.

Maintain systems for receiving, screening, and investigating reports.

Training should be available for educators and school staff for abuse recognition and reporting.

An additional form of protection offered by CAPTA mandates the creation of citizen review panels and interagency collaboration in child protection.

References:

Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5106a (1974, amended 2019). https://www.acf.hhs.gov/cb/law-regulation/child-abuse-prevention-and-treatment-act

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The Secretary shall make grants to the States, from allotments made under subsection (f) for each State that applies for a grant under this section, for purposes of assisting the States in improving the child protective services system of each such State in-

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Local School District Policy:

Houston ISD Board Policy FFG (Legal) & FFG (Local) – Student Welfare: Child Abuse and Neglect

https://pol.tasb.org/PolicyOnline/PolicyDetails?key=592&code=FFG#legalTabContent

According to Houston ISD’s policy on child abuse reporting, all employees are legally required to report suspected abuse or neglect within the statutory 48-hour timeframe, and they may not delegate this responsibility to others.

All school employees must make a report of suspected abuse or neglect as is required by Texas Family Code § 261.101 within a period of 48 hours.

This duty cannot be delegated to supervisors or others.

The Texas Department of Family and Protective Services (DFPS) or law enforcement must get reports.

Employees making a report must also notify the HISD campus principal, along with the supervisor.

The district policy prohibits retaliation against staff who make good-faith reports.

Staff must complete annual training for the purpose of educating them in regard to legal and ethical mandated-reporter obligations.

References:

Houston Independent School District. (2023). Board Policy FFG (LEGAL) & FFG (LOCAL) – Student Welfare: Child Abuse and Neglect. https://pol.tasb.org/Policy/Download/592?filename=FFG(LEGAL).pdf

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Policy Code FFG – Student Welfare: Child Abuse and Neglect – Houston ISD Board Policy Manual - Policy Online

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Texas law requires that any person “having cause to believe that a child’s physical or mental health or welfare has been or may be adversely affected by abuse or neglect” must report the case to any local or state law enforcement agency and to the Department of Family and Protective Services (DFPS)/Harris County Children’s Protective Services (CPS). See References (d), (e), (j), and (m). All school personnel will become acquainted with the provisions of the code and will cooperate with all agencies or departments dealing with child abuse or neglect. To view the Texas Family Code on reporting child abuse or neglect, go to the Texas Legislature Online Web site (http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.261.htm#261.101).

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Foster a Culture of Ethical Confidence and Confidentiality

Counselors and staff must feel as if they are supported and protected when they are making reports. This is especially true when abuse is suspected but not clearly disclosed.

Administrators should furnish both non-retaliation assurances together with confidential consultation spaces.

Hesitation for reporting can be caused due to fear of retaliation or fear of breaking student trust. Failure to act can produce legal liability. This appears in Doe v. Taylor ISD (1994).

Develop and Follow a Clear Reporting Protocol

Schools should maintain a step-by-step, written reporting process that all staff understand and follow.

Timelines should be included, and with contact numbers, online submission instructions, and internal communication expectations.

A clear process reduces how long it takes to report, minimizes documentation errors, also ensures compliance with Texas Family Code § 261.101 (Texas Family Code, 2023).

Implement Regular, Role-Specific Training

Provide annual mandated reporter training for all of the school staff. Make sure it highlights the importance of their legal duties, ethical expectations, and how they can respond to vague or partial disclosures.

Training should include real-life scenarios, signs that warn of danger, and practice how to document.

Staff misunderstandings about their responsibilities cause many ethical violations. Legal liabilities can also occur in those instances (Texas Administrative Code, 2023).

References:

Texas Family Code. (2023). https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

Texas Administrative Code. (2023). https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&ti=19&pt=2&ch=61&rl=1051

Doe v. Taylor Independent School District, 15 F.3d 443 (1994).

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https://schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities

Professional Code of Ethics

Code: ASCA Ethical Standards for School Counselors (2022)
Relevant Standard:
A.9. Responsibilities to Report a Suspected Abuse or Threat to Self or Others

According to the ASCA Ethical Standards (2022), school counselors must report suspected abuse or neglect to appropriate authorities while balancing confidentiality and student trust.

School counselors are legally as well as ethically required to report suspected child abuse or neglect, even when being made in confidence.

Counselors must inform students of the limits of confidentiality at the onset of the counseling relationship (Standard A.2.b).

Standard A.9 reinforces that the safety of the student takes priority and supports making reports in a timely and responsible manner.

Counselors must also make sure to consult with appropriate professionals and document what concerned them and what they did.

References:

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities

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Ethical Responsibilities - American School Counselor Association (ASCA)

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10. Personal Connection to Legal and Ethical Standards

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10. Personal Connection to Legal and Ethical Standards

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Reflection:

As I’ve explored the topic of mandated reporting, I’ve come to recognize that the decisions are going to be emotionally and legally complex. We have students’ deepest vulnerabilities entrusted to us. As a school counselor, we still must be able to balance that trust as well as act responsibly when we suspect harm. I have deepened my understanding in regard to how the law and ethical codes can be life-saving tools that are meant to protect students and to support counselors through difficult decisions. Ethical preparedness, policy awareness, and training allow for the best approach to something so deeply personal and private.

Three-Point Reflection:

1. I understand now that mandated reporting is not a betrayal of a student's trust. Reporting when mandated shows compassion because it protects students in addition to fulfilling ethical responsibilities.

2. Because I learned how various legal sources intersect, I can act quickly and appropriately while feeling more confident when abuse is suspected.

3. My goal toward becoming a legally informed counselor has been affirmed, and I feel confident in supporting student safety at every level.

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11. Best Practices for Mandated Reporting

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11. Best Practices for Mandated Reporting

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1. Always report suspected child abuse or neglect within 48 hours, as required by Texas Family Code § 261.101 (Texas Family Code, 2023).

2. Do not delegate your duty to report—this is a personal, non-transferable legal obligation (Texas Family Code, 2023).

3. Tell students about confidentiality limits at the start of counseling to build trust and clarify legal boundaries (ASCA, 2022).

4. In the event you are unsure about a reportable situation, check with some colleagues or your supervisors immediately, but do not delay any reporting as you wait for full consensus.

5. In order to safeguard yourself as well as to strengthen student safety, document all disclosures and decisions. Also, document all reporting steps thoroughly and with professionalism.

6. Attend annual training, according to both local policy and the Texas Administrative Code, on child abuse reporting laws and district policy (Texas Administrative Code, 2023).

7. Support staff discussions and work to create an environment in which educators feel safe, informed, and are encouraged to report suspicions.

8. Consider use case law examples (e.g., Doe v. Taylor ISD, Gebser v. Lago Vista ISD) to understand real-world liability, along with reinforcing ethical action.

9. Mandated reporting is, in fact, a legal duty. Mandated reporting is also morally imperative. Acting protects students and upholds the integrity of the counseling profession.