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I chose the topic of reporting child abuse because as a first year school counselor, this issue has been prominent to me. I have dealt with this situation first hand and had to quickly dig deep into the ethical and legal side of this issues. It is clear that many schools do not take training for suspected child abuse as seriously as they should. It is also very clear to me that many schools do not properly train staff on the reporting of child abuse. I strive to address this issue in my upcoming years as a school counselor. I plan to do this by implementing proper beginning of year trainings and refreshers throughout the school year. Not only will this guide our staff down a more professional path but it will also reduce liabilities.

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Local School Administration: hired professional that operated the school. (Principals, Superintendents, etc.)

Local School Board of Trustees: a group of voted on community members who govern the school district.

Texas Education Agency: a group of individuals who oversees primary and secondary public schools.

Child Protective Services (CPS): a branch of Texas' Social Service department

The Texas Department of Family and Protective Services (DFPS): a group of individuals who work to protect the health and safety of families and protect children from abuse or neglect.

(Texas Department of Family Protective Services, n.d.)

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Slide #3: Federal and State Constitutional Laws 

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Slide #3: Federal and State Constitutional Laws 

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The Federal Child Abuse Prevention and Treatment Act (CAPTA):

Requires states to have their own set of provisions or rules mandating the report of child abuse by specific individuals.

(42 U.S.C. § 5106A)
This Act requires educators to be mandatory reporters.

Texas Family Code 261:

Requires any person who suspects a child's physical or mental health is at risk by abuse or neglect must make a report

(Tex. Fam. Code § 261)
This Code holds us as educators accountable for reporting any counts of suspected child abuse or neglect.

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Texas Administrative Code §133.47:

Covers a broad range of information.

This includes definitions of abuse

and neglect, ethical conduct,

reporting, and training requirements.

(Tex. Admin. Code § 133.47)
This Code helps us as educators determine if our suspicions are valid and need to be reported as neglect or abuse.

34 U.S. Code § 20341:

Covers definitions, professional coverage, and training of child abuse reporting.

(34 U.S. Code § 20341)
This Code requires us as educators to be properly trained by professionals to know when and how to report child abuse.

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OHIO V. CLARK

Determined that teacher testimonies should be used in child abuse cases.

It was decided that teacher testimony can be used prior to prosecution.

This case shows that teacher claims and testimony can be used to the benefit of the student (victim). As mandatory reporters, I believe our claims should be taken seriously.

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Texas Penal Code § 22.04:

This Texas Penal Code holds persons responsible for failure to report child abuse or neglect.

(Tex. Penal Code § 22.04)
This Code holds individuals, such as us educators, responsible for intentionally failing to report child abuse to be punished by a first or second degree felony.

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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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Klondike ISD: Reporting Suspected Child Abuse Policies DG, DHB, FFG, GRA

The purpose of this policy is to ensure that all Klondike ISD employees understand their role as mandatory reporters for suspected child abuse. This policy ensures that the Klondike ISD staff is in compliance with state regulation and their duty to report and how to do so.
(Klondike ISD, 2022)

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Partake in professional development at local region centers to further my knowledge on the topic reporting child abuse.

Train staff in way to avoid negligence. ALL employees are mandated by the state to make a report to CPS if child neglect or abuse is suspected. This report must be made within 48 hours of discovery.

Send reminders throughout the school year. It is important to also remind teachers that if these regulations are not followed, legal action could be taken against an individual. This legal action could result in a Class A misdemeanor, state jail felony if it is shown the individual intended to conceal the abuse or neglect, and/or disciplinary action from SBEC for a violation of the Texas Educators’ Code of Ethics.

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The American School Counseling Association Ethical Standards for School Counselors Code A.12 is an informative section on reporting child abuse. This code has a very clear message of the roles that should be taken when reporting suspected neglect or abuse. It also covers our responsibility as educators to stay up to date on state laws a school procedures in order to avoid negligence. This code also outlines what to do for students who have dealt with neglect or abuse in the past.

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Slide #10: Personal Connection to Legal and Ethical Standards

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Slide #10: Personal Connection to Legal and Ethical Standards

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During my short time as a school counselor, I have been faced with three cases of suspected child neglect/abuse. Therefore, choosing the topic of reporting child abuse was easy, as I longed for a better understanding of my role as a school counselor and how to educate others of their duties. Although it is an appalling topic, it is also an urgent matter that demands immediate attention. By studying this topic I have learned about the many laws that have been put into place to protect the children in the state of Texas from child abuse/neglect. These laws not only require individuals to report the suspected use but also makes it unlawful to neglect to do so. As first glance, these laws seemed intimidating. However, upon further investigation it is clear the state is only striving to protect children and be made aware of any wrong doing to them.

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Slide #11: Recommendations/Best Practices for Compliance

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Slide #11: Recommendations/Best Practices for Compliance

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As educators, it is important for us to have a set of ground rules when dealing with ethical issues such as reporting child abuse. According to Rhonda Williams (2007) with ASCA, these steps are how ethical decision making should occur:

1. Defining the problem emotionally and intellectually.

2. Applying the ASCA ethical code and the legal issues.

3. Considering the student’s chronological and developmental levels.

4. Considering the setting, parental rights and minor’s rights.

5. Applying the moral principle.

6. Determining a potential course of action and its consequences.

7. Evaluating the selected action.

8. Consulting with peers.

9. Implementing the selected course of action.