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School counselors serve a vital role in the school system. Their primary duty is to promote student academic, social, and emotional success. Counselors can achieve this by following the four service delivery components outlined in the Texas Model: guidance curriculum, responsive services, individual planning, and system support (Texas Education Agency [TEA], 2018). The following presentation is geared toward Texas school counselors but can benefit any public school employee. Mandated reporting is a vital part of the school counselor’s duty. I chose this topic because it often becomes a challenge to balance the counselor role as mandated reporting directly affects the counselor-student relationship counselors work hard to obtain. School counselors ensure students have the best opportunities to succeed, which means their safety is critical. If the school counselor suspects or knows of abuse, they must report it to ensure student safety. School counselors must know and understand the laws associated with mandated reporting, guidelines, and steps to follow. This is a legal and ethical responsibility that school counselors must abide by and, therefore, should have proper knowledge of.

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Knowing the governing agencies that influence various laws and policies impacting their duty is crucial for a school counselor. The Texas Education Agency (TEA) is essential in mandated reporting. TEA is the state agency responsible for public education in Texas and directly impacts mandated reporting. Although TEA is not the agency that directly provides protection services, they are responsible for enforcing laws geared toward child protection and works with the Texas Department of Family and Protective Services (DFPS) to ensure all students are kept safe. In addition, TEA requires all school personnel to be adequately trained in recognizing and reporting abuse. They provide Texas schools with guidelines and resources to ensure mandated reporting is followed and all students are safe. The U.S. Department of Education (USDOE) is the federal agency that also plays a significant role in mandated reporting; however, since the state governs mandated reporting, USDOE plays a vital yet indirect role. USDOE provides funding to schools and guides state agencies on reporting laws and regulations. Although they do not mandate laws, USDOE encourages implementing child protection policies such as mandated reporting.

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U.S. Const. Amend. IV

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures (U.S. Const. Amend. IV). However, this law does not focus on mandated reporting. It is relevant because it protects the rights of the individual who could potentially be investigated for child abuse or neglect.

When counselors suspect abuse, they are mandated to report it to DFPS.

Once DPFS has the report, they will evaluate it and decide on their action.

Before any search, DFPS must ensure proper protocol is taken and that they are not violating individual rights.

This law impacts mandated reporting because it protects families from being searched or investigated by DFPS without the proper cause.

Failure to abide could result in legal consequences.

(U.S. Const. Amend. IV)

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Tx. Const. Art. I § 9

Article I, Section 9 of the Texas Constitution impacts mandated reporting. This article aligns with the Fourth Amendment, which protects individuals from unreasonable searches or seizures of any person or thing (Tx. Const. Art. I § 9).

This impacts mandated reporting by ensuring DFPS conducts its investigations and searches lawfully and without violating individual rights.

Mandated reporters must know the lines between mandated reporting and constitutional rights.

If a student's personal belongings are to be searched after a report has been made, they must ensure they adhere to the constitutional requirements.

This section of the Texas Constitution protects individuals from unreasonable searches.

This section also protects other individuals involved against any search and seizure. If there is probable cause of abuse and a search warrant has been issued, law enforcement can lawfully search.

(Tx. Const. Art. I § 9)

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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.


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.


Sec. 3. EQUAL RIGHTS. All free men, 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.


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.


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.


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.


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.


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.


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.


Sec. 10. RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS. In all criminal prosecutions the accused shall have 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 penitentiary, 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.


(Amended Nov. 5, 1918.)


Sec. 11. BAIL. All prisoners shall be bailable by sufficient sureties, unless for capital offenses, 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.


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.


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.


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


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.


(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.


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.


(Amended Nov. 3, 2009.)


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


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.


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.


(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.


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.


Sec. 23. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defense 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.


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


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.


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.


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.


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


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 everything 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.


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.)

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THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTS

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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.

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Child Abuse Prevention and Treatment Act of 1974, 42 U.S.C. § 5101 et seq.

The Child Abuse Prevention and Treatment Act (CAPTA) is a federal law that affects mandated reporting by setting standards for reporting and handling child abuse. CAPTA is the foundation, and each state will set its own rules according to the standards that have been established (Child Abuse Prevention and Treatment Act of 1974, 42 U.S.C. § 5101 et seq.).

CAPTA established a base definition of child abuse; however, states will refine and implement it as necessary for their state.

Requires states to state who is mandated to report and have implemented procedures for reporting.

Requires to have investigation procedures in place.

Required to provide training programs for mandated reporters. These training programs must focus on how to recognize and report abuse.

States must submit proof of compliance to CAPTA.

(42 U.S.C. § 5101 et seq.)

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42 USC 5101: Office on Child Abuse and Neglect

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(a) Establishment The Secretary of Health and Human Services may establish an office to be known as the Office on Child Abuse and Neglect. (b) Purpose The purpose of the Office established under subsection (a) shall be to execute and coordinate the functions and activities of this subchapter and subchapter III.

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19 Tex. Admin. Code § 61.1051

This code directly affects school counselors in mandated reporting. It sets guidelines for schools to follow as they set policies for reporting any known or suspected abuse. Reports must be made within 48 hours (19 Tex. Admin. Code § 61.1051).

This code states that all school personnel are mandated reporters, and reports must be made within 48 hours of known or suspected abuse.

Reports must be made to the Texas Department of Family and Protective Services (DFPS).

Schools must provide staff with appropriate training. This training will teach staff the signs of abuse or neglect and how to report it properly.

Employees must understand their school policies, legal responsibilities, and the repercussions of not following the law.

(19 Tex. Admin. Code § 61.1051)

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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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Tex. Fam.  § 261.101

School counselors must report any suspicion of abuse to ensure student safety. The Texas Family Code § 261.101 requires certain professionals, including professional school counselors, to report any known or suspected child abuse or neglect.

Reports must be made to the Department of Family and Protective Services (DFPS).

The report must be made within 48 hours of known or suspected abuse. (Tex. Fam.  § 261.101).

Chapter 261, Investigation of Report of Child Abuse or Neglect of the Texas Family Code, continues to state that failure to make the report could result in a criminal offense, a Class A Misdemeanor (Tex. Fam.  § 261.109).

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FAMILY CODE CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT

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FAMILY CODE TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP SUBTITLE E. PROTECTION OF THE CHILD CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT SUBCHAPTER A. GENERAL PROVISIONS Sec. 261.001. DEFINITIONS.

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Northwest ISD (2021) FFG —  Student Welfare: Child Abuse and Neglect, Reporting Child Abuse and Neglect

Northwest ISD has locally implemented a school board policy specific to handling how and who is legally required to report child abuse and neglect.

The policy states, “Any person who has reasonable cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect has a legal responsibility, under state law, to immediately report the suspected abuse or neglect to an appropriate authority” (Northwest ISD, 2021).

Northwest ISD has implemented this local policy to ensure the district and employees abide by state and federal-mandated reporting laws. In addition, these policies ensure students are safe.

This local policy impacts the topic because it reintegrates the importance of keeping students safe and the legal and ethical duty school counselors have as mandated reporters.

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

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A district shall provide child abuse antivictimization programs in elementary and secondary schools. Education Code 38.004

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Schools should offer proper training and education to inform their personnel of the following:

Recognizing signs of abuse and neglect

Their duty to report

Adequate steps to report

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A clear reporting policy is essential. The school district should develop this policy and communicate it effectively to employees.

Observe signs or indications of abuse.

If there is known or suspected abuse, report it immediately or within 48 hours to the Texas Department of Family Protective Services (DFPS).

Do not wait for somebody else to report or delegate the responsibility to anyone else.

Cooperate with investigations and follow-ups as required by DFPS.

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Schools should provide extended support for reporters. This includes:

Providing contact information for outside agencies.

Guidance and emotional support during the reporting process.

Guidance and emotional support after the reporting process.

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ASCA Ethical Standards for School Counselors (2022)

Standard A.12. Child Abuse is an entire section that outlines explicitly a school counselor's ethical responsibilities regarding child abuse.

Standard A. 12. (a) states, “Report to the proper authorities, as mandated by the state, all suspected cases of child abuse and neglect, recognizing that certainty is not required, only reasonable suspicion. School counselors are held to a higher standard regarding their absolute duty as a mandated reporter to report suspected child abuse and neglect” (American School Counselor Association [ASCA, 2022).

This ethical standard directly impacts mandatory reporting as it is aligned with a school counselor’s legal duty to report. A school counselor must learn to recognize signs of abuse and follow the proper duty of reporting, as it is their primary duty to ensure student safety.

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Ethical standards outlined for school counselors closely adhere to the legal standards.

The ethical laws outlined by the American School Counselor Association are straightforward and directly applicable to the profession. This relates to my field of study as a professional school counselor because it will be my duty to abide by the profession's legal and ethical standards. I must understand the legal and ethical standards and how they relate to school counseling. By learning the alignment of the legal and ethical standards, I will be able to successfully ensure I am practicing legally and ethically, ensuring the safety and well-being of my students and giving them the most significant opportunity to reach their full potential.

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1. School districts should provide their employees with annual training on recognizing signs of abuse and neglect, how to report it, and their legal obligation to do so.

2. Clear reporting procedures should be established. Schools should have a written policy that outlines the procedures for reporting contact information to law enforcement and the Texas Department of Family and Protective Services (DFPS).

3. School district staff should be encouraged to document observations, including dates and relevant details. It is vital to ensure that only facts are documented and avoid documenting assumptions.

4. School districts should inform their staff of other laws that impact mandated reporting, such as confidentiality. Confidentiality should be maintained throughout the reporting process.

5. School districts should empathize with the legal requirements of reporting within 48 hours and the consequences of failure to abide by the law.

6. It is crucial to offer support for mandated reporters. A designated administrator should be available to guide them as needed throughout the reporting process and after.

7. Ensuring compliance with the law and reporting protocol is essential. School districts should regularly review district policies to comply with federal and state laws.

8. Encourage a positive school culture. Remind the staff that student safety is a priority. All staff should feel supported and protected when faced with making a report.

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Ohio v. Clark, 576 U.S. 237 (2015)

In the Ohio v. Clark case, D. Clark was accused of physically abusing a young boy. D. Clark cared for his girlfriend’s three-year-old son while his mother engaged in prostitution. When the little boy went to school, his teacher noticed marks on his body. After a question from the teacher, the boy indicated that Clark was responsible for the injuries. The teacher made the appropriate reports for concern of child abuse.

Clark claimed his Sixth Amendment rights had been violated.

There was a question of whether the statements were considered testimonial and subject to the Confrontation Clause, which allows the defendant to confront the accuser.

Since the statement was made and the teacher protected the child, it was ruled that the actions did not trigger Confrontation Clause protections.

This court case impacts mandated reporting because it reaffirms the duty of teachers and other school employees, such as school counselors, to report suspected abuse.

They can do this without being classified as law enforcement.

Mandated reporting protects children while also ensuring constitutional rights for others involved.

This court case provides assurance to reporters that their primary role is to ensure child safety and that reporting does not necessarily violate the Sixth Amendment.

(Ohio v. Clark, 2015)

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Ohio v. Clark: The Confrontation Clause rarely extends to statements made by very young children, and statements made pursuant to mandatory reporting obligations are not testimonial unless they were made with the primary purpose of creating an out-of-court substitute for trial testimony.