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I am a former classroom teacher, and I am currently a student seeking a Master's degree in Guidance and Counseling. Since I am a future counselor, it is critical to know the laws and ethics surrounding child abuse reporting. I chose this topic because I will inevitably face situations of child abuse in my future role. This guide is intended to inform current or future school counselors about their legal and ethical responsibilities when reporting cases of suspected child abuse or neglect.

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Charlotte Brown, counselor at Seymour High School, was interviewed on the subject of child abuse reporting duties of school counselors. One of the biggest challenges she faces as a counselor is knowing when to report suspected child abuse or neglect. She stated that many students come to her about family conflicts, but it can be difficult to determine when abuse or neglect is occurring (C. Brown, personal communication, June 20, 2019). Furthermore, it is her opinion that CPS often "triages" their reports and chooses to focus their efforts on younger children, making high school students the last priority. This negatively impacts our students physically, psychologically, and educationally (C. Brown, personal communication, June 20, 2019). Abuse is a risk factor for mental health disorders, substance abuse disorders, and suicidal ideation, which is now the second-leading cause of death in young people (Kitchner & Jorm, 2012). Identification and reporting of abuse is critical to the counselor's role in advocating for students.

Mrs. Brown indicated that students abusing other students is an emerging issue related to child abuse reporting. She stated that there have been many incidents where educators have been arrested for failure to report abuse that occurred between students (C. Brown, personal communication, 2019). Many educators are unaware that abuse does not have to come from a family member or caregiver. Sexual abuse that occurs between students is also child abuse that must be reported.

Mrs. Brown listed several best practices for counselors to consider when dealing with suspected abuse:

Know the laws about mandated reporting.

Know and adhere to the definitions of child abuse. Be able to distinguish between abuse and "bad parenting".

Consult with colleagues when you are unsure about what to do.

Discuss the need to report and the necessity of breaking confidentiality with the student.

When in doubt, report. (C. Brown, personal communication, June 20, 2019).

References

Kitchner, B. A., & Jorm, A. F. (2012). Youth mental health first aid USA: For adults assisting young people. Baltimore, MD: Mental Health Association of Maryland.

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A blog titled, "Child Abuse: Who Must Report?", posted by the American School Counselor Association (ASCA) informs school counselors about their mandated reporting duties. It emphasizes the importance of knowing your state's laws surrounding child abuse reporting duties. Some states allow counselors to delegate reporting duties to other staff members, while other states (such as Texas) require counselors to report the abuse themselves. The blog gives several examples of cases where educators were arrested for failure to report, and it emphasizes the counselor's legal, ethical, and moral responsibilities of reporting abuse (Stone, 2011).

References
Stone, C. (2011). Child Abuse: Who Must Report? Retrieved from https://www.schoolcounselor.org/magazine/blogs/november-december-2011/child-abuse-who-must-report

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You are a school counselor who has built a good working relationship with your principal except for one area. Your principal is adamant that he wants to be in charge of making all child abuse reports to Child Protective Services (CPS). You have doubts that he will call CPS on all suspected abuse cases because of derogatory remarks he has made in passing about CPS and how, "We should handle some cases with families who trust us as CPS will only make matters worse." Up to this point he has called in all suspected abuse cases that you have passed along to him, but you worry it is just a matter of time before he takes matters into his own hands. Your questions are:

If I have reasonable suspicion that child abuse has occurred and turn it over to my principal to report and he or she decides not to call the abuse registry, am I liable for any subsequent harm that comes to the child?

Can I legally leave it to my principal to report if I received the first outcry, or am I mandated to report the abuse myself?

Each state has different statutes regarding these questions. See your state's statutes. In Georgia you wouldn't be liable if your school district has a policy that you must report the suspected abuse to a supervisor or designee. The Georgia statute explains that mandated reporters who comply with their school district's policy to report suspected abuse to a supervisor "shall be deemed to have fully complied" with their legal duties as a mandated reporter. In Massachusetts, school counselors are invited to report to a supervisor, and the responsibility then shifts to the supervisor. "If a mandated reporter is a member of...the staff of a school or facility, the mandated reporter may instead notify the person or designated agent in charge of such institution, school or facility who shall become responsible for notifying the department in the manner required by this section."
However, if you are a practicing school counselor in Kentucky and Texas, passing the information to your supervisor doesn't relieve you of your obligations.

In some states it is enough that you have caused a report to be made. Arizona state statute says, "Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect...shall immediately report or cause reports to be made."

In Wyoming, both the school counselor and the supervisor must report for added insurance. "If a person reporting child abuse or neglect is a member of the staff of a...school, facility or agency, he shall notify the person in charge or his designated agent as soon as possible, who is thereupon also responsible to make the report or cause the report to be made."

State statutes vary in language, but the meaning is the same in spirit for all 48 states and the District of Colombia. Alaska and Pennsylvania don't specifically encompass school counselors in state statute, instead naming teachers and administrators, but school counselors are ethically bound by virtue of language in their certificate, state's ethical codes for educators, and ASCA's position statement and ethical guidelines.

Certainty isn't required. Forty-four states mention the term "reasonable" in regard to suspicion. (See italics in online chart.) There is nothing in any state statute that implies certainty is required. New York's statute gives typical language found in the 44 statutes. "A report is required when the reporter has reasonable cause that..if correct, would render the child an abused or maltreated child."

States make their own laws, but federal legislation defines a minimum set of acts/behaviors determining abuse or neglect: "Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or an act or failure to act which presents an imminent risk of serious harm" (Child Welfare Information Gateway, 2008). The Center for Disease Control and Prevention defines child abuse as, "Words or overt actions that cause harm, potential harm or threat of harm to a child. Acts of commission are deliberate and intentional; however, harm to a child may or may not be the intended consequence. Intentionality only applies to the caregiver's acts - not the consequences of those acts. For example, a caregiver may intend to hit a child as punishment but not intend to cause the child to have a concussion."

Do we investigate or ask children to be co-conspirators in documenting their own abuse? A school counselor in a Texas middle school was arrested Nov. 23, 2010, after admitting she suggested to a child who was being sexually assaulted that the child should video record any future assaults. The school counselor was arrested on suspicion of felony abandoning or endangering a child and failure to timely report abuse, a misdemeanor. The victim recorded a sexual assault on Nov. 17 on a school-district-issued laptop.

A truant officer in a school in Laredo Texas Independent School District was arrested and fired after he failed to notify authorities of child abuse and neglect. The school-board-employed truant officer visited the home of Katherine Cardenas just hours before she was found dead in a cabinet outside her home. Perez visited the home and found the children were alone. He waited until the mother came home, notified the principal but not child protective services. In Texas the truant officer could not rely on anyone else to call in an abuse case.

If it is suspected that the abuse is not being inflicted by the parent but by someone who does not have care, custody or control of the minor, the report should be made to the police, sheriff or peace officer depending on where you live. If in doubt call the child protective services office and ask for help as to where to report.

Child abuse and neglect are severely underreported. From 2001-2009, 13,856 children were reported to have died as a result of child abuse, but the number is estimated to be about 7,000 higher. Each year, thousands of abused students walk the halls of America's schools and interact with other students, teachers and school counselors. As school counselors we cannot contribute to the number of unreported cases.

Reporting of child abuse or neglect can be done by calling the police, the National Child Abuse Hotline at (800) 4-A-CHILD or the local child abuse hotline. ASCA's position statement on child abuse and neglect states, "It is the professional school counselor's legal, ethical and moral responsibility to report suspected cases of child abuse/neglect to the proper authorities."

Carolyn Stone, Ed.D., is a professor at the University of North Florida and co-chair of ASCA's Ethics Committee. She can be reached at cstone@unf.edu. Contact the author for references.

To submit your questions for a future column, e-mail them to ethics@schoolcounselor.org.

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Child Abuse: Who Must Report? | American School Counselor Association (ASCA)

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You are a school counselor who has built a good working relationship with your principal except for one area. Your principal is adamant that he wants to be in charge of making all child abuse reports to Child Protective Services (CPS).

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The West Virginia Education Association shared an article about a principal who was charged with a misdemeanor for failure to report sexual abuse that occurred on his campus.  A 15-year-old female was sexually assaulted on campus, and the school counselor reported the incident to the principal. The principal ordered other staff to wait on reporting until surveillance footage could be reviewed. When the footage was reviewed the next day, evidence was found showing the assault had occurred (Speciale, 2019). A 17-year-old male student was arrested for second-degree sexual assault. The delay in reporting the sexual assault potentially harmed the investigation due to the kind of evidence that needed to be collected.

This article provides an example of why immediate reporting is crucial in sexual abuse cases. By waiting to review evidence, the principal compromised the investigation. As educators it is our responsibility to make the report; it is not our responsibility to investigate.

References
Speciale, S. (2019). Capital principal faces charge after failing to report alleged sexual assault [Editorial]. West Virginia Education Association. Retrieved from https://www.wvea.org/content/capital-principal-faces-charge-after-failing-report-alleged-sexual-assault

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Capital principal faces charge after failing to report alleged sexual assault
By Samuel Speciale, Education reporter; Charleston Daily Mail

Clinton Giles Capital High School Principal Clinton Giles was suspended Tuesday following charges that he neglected to report an alleged sexual assault that occurred at his school last month.

Giles was charged with a misdemeanor Tuesday morning for not reporting the Jan. 26 assault of a 15-year-old female student, which violates a mandate in state code that requires him to immediately report an incident involving physical or sexual abuse of a child. He could face 30 days in jail and a $1,000 fine, said Kanawha County Prosecuting Attorney Chuck Miller.

Giles told the Daily Mail on Jan. 27 that "no rape was reported to me," but authorities say he was notified of the assault by a school counselor on Jan. 26 and that he took no action except to tell two assistant principals they should wait until the next morning to review surveillance footage of the school.

That footage revealed the next day that a struggle had occurred between the female victim and a 17-year-old male juvenile who was later arrested and charged with second-degree sexual assault.

Miller's office also said Giles was in contact with a Charleston police officer who serves on campus after learning about the assault but failed to notify him it had occurred, and that he told his assistant principals not to speak to the officer until he contacted the Kanawha County school board office for further instructions.

Miller said the delay in reporting the assault could potentially harm the investigation because immediately collecting evidence and conducting interviews is critical.

Giles is being prosecuted under the state law requiring mandatory reporting of child abuse and neglect. In 2012, prompted in part by the sexual abuse scandal involving former Penn State University assistant football coach Jerry Sandusky, the state Legislature passed a bill toughening the state's child abuse reporting law.

The change expanded the categories of health, legal and law enforcement professionals who are legally bound to report abuse and increased the penalty from a $100 fine and 10-day jail sentence to the current $1,000 fine and 30 days in jail.

In their defense of delaying the report, school officials have pointed to that law, which says reports must be made within 48 hours. However, Miller said in cases of sexual assault, a report must be made immediately.

According to state code, child abuse or neglect must be reported within 48 hours. In cases of physical or sexual abuse, the report must be made immediately to the State Police and any law-enforcement agencies having jurisdiction to investigate the complaint.

When asked if the delay could have been caused by a misinterpretation of the statute, Miller said he can't speak for Capital High officials.

"I can't say if it was or not, but the average person confronted with knowledge of an assault would report it," Miller said. "Why would you delay that?"

Miller went on to say that Giles had "ample" time to notify authorities of what occurred.

Giles also is accused of failing to immediately report another assault involving the same male juvenile that happened last year. Though not immediately, Giles did report that incident to the school resource officer, Miller said. He said after that incident, Giles knew that type of incident should be reported immediately.

When asked if there is any evidence that suggests Giles didn't report the incident as a way to protect the student, Miller declined to comment.

"I don't have any knowledge about that one way or another," he said.

Jim Withrow, the Kanawha County school board's attorney, was asked the same question and if the student was a football player or someone related to a school official. He said he knew the student's name and that it didn't sound familiar.

Miller said the charges against Giles, at this point, are only accusations and that he is innocent until proven guilty. He added that Giles will not be arrested, but he will be summoned to appear before Kanawha Circuit Judge Carrie Webster when a hearing date is set.

The case originally was assigned to Judge Tod Kaufman, but he recused himself Tuesday because he has known Giles for 26 years.

The incident has brought the future of Giles' employment into question, but school officials were unwilling to say whether this could lead to termination. Giles has been principal of Capital High School for nearly 14 years.

"Obviously this is a very serious matter," Withrow said. "This just isn't a matter of following the letter of the law, it comes down to protecting students.

"Giles could not be reached for comment Tuesday. A person answering the phone at Capital High said Giles was not on campus and a call to his cellphone yielded a message that the line was temporarily disconnected.

Jim McKay, the state coordinator for Prevent Child Abuse West Virginia, lobbied for the changes to state code requiring mandatory reporting of sexual abuse. He said the incident at Capital and another in Braxton County - where a band teacher did not report the assault of a student - highlight the need for the state's schools to be evaluated on how they prevent abuse.

McKay has worked with state lawmakers on bills that will create a task force that would develop statutory and state education policy changes to better prevent sexual abuse of children. He said one change he would like to see is increased efforts in prevention training.

"In Capital's case, people tend to focus on what happened after the event," McKay said. "But we need to work on creating a safe environment where something like that doesn't happen."

The bills, House Bill 2527 and Senate Bill 387, were introduced Monday.

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Capital principal faces charge after failing to report alleged sexual assault

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Capital principal faces charge after failing to report alleged sexual assault By Samuel Speciale, Education reporter; Charleston Daily Mail Clinton Giles Capital High School Principal Clinton Giles was suspended Tuesday following charges that he neglected to report an alleged sexual assault that occurred at his school last month.

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The Times Record News published an article describing the arrest of an elementary principal for failing to report an alleged sexual assault that occurred on her campus. A student's home room teacher found images on a school iPad of three 6-year-old juvenile males who were engaging in sexual acts with one another while in the classroom and reported it to the principal (Johnson, 2018). A parent of one of the students reported the incident to Child Protective Services (CPS) several days later. When CPS investigated, they discovered the principal never made a report and sent the children home, which put them at risk for further abuse (Johnson, 2018).

Although the article is about a principal, counselors are held to the same reporting standards. The article provides counselors with an example of what can happen when they fail to report suspected abuse, even if the abuse is between young children.

References
Johnson, P. (2018). Second WFISD principal charged with failure to report abuse [Editorial]. Times Record News. Retrieved from https://www.timesrecordnews.com/story/news/crime/2018/02/05/second-wfisd-principal-charged-failing-report-abuse/309167002/

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CLOSE

A second Wichita Falls ISD principal has been arrested and charged with failing to report an alleged sexual assault that reportedly happened on her campus.

Cindy Sue Underwood, 35, was booked into the Wichita County Jail Monday afternoon and released shortly after on $1,000 bail.

Kory Fancher Dorman, 45, was charged last week with the same Class A Misdemeanor.

Underwood, who is the principal at Kate Haynes Northwest Academy, and Dorman, the principal at Crockett Elementary, were both placed on administrative leave by district officials on Friday.

According to her WFISD information page, Underwood has been an educator for 14 years. She taught elementary for five years, followed by a stint as a middle school math teacher for five years.

Underwood then became an assistant principal at Haynes in 2014. The 2017-18 school year was her first as principal, according to her page.

Related: WFISD Superintendent comments on recent arrests

According to an arrest warrant affidavit:

On Nov. 6, a Child Protective Services investigator notified Wichita Falls police of a possible aggravated sexual assault of a child that occurred at Haynes, 1705 Katherine Dr.

The investigator told officers that photographs were reportedly found on a WFISD iPad that had been assigned to a student. The photographs appeared to depict three male juveniles engaging in sexual acts on one another while in a classroom.

The incident, based on the date of the photographs, happened on Oct. 3.

The images were reportedly found on Oct. 25 by the student's home room teacher, who brought them to the attention of the school principal, Underwood.

An intake report was submitted by a parent of one of the involved students to CPS on Oct. 31.

Detectives met with Underwood about the incident. She confirmed it happened on Oct. 3 and she was notified on Oct. 25 by the teacher.

Underwood said she observed the images on the iPad, which had been assigned to one of the involved students. She identified all three male juveniles by name and said they were all 6 years old.

The principal described several of the sexual acts depicted in the images and said she could tell they were taken on a classroom rug while they were trying to cover themselves from being seen using a bean bag.

Underwood said she believed all three students took turns photographing each other, because they were all visible in the images.

She told detectives she made the decision to contact the parents of the students but didn't file a report with CPS.

As previously reported in the Times Record News, the Texas Family Code states "A professional may not delegate to or rely on another person to make the report."

It also defines a professional as "an individual who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties has direct contact with children."

WFISD policy states that "any person who has cause to believe that a child has been or may be abused or neglected by any person shall make a report immediately as required by law."

The district has an exhibit to the policy answering questions regarding the employee's reporting duties.

The following statement is listed as the answer to the question "What are my legal responsibilities for reporting if I suspect that a child has been or may be abused or neglected?" in the WFISD's "Notice of Employee Responsibilities for Reporting Child Abuse and Neglect":

Anyone who suspects that a child has been or may be abused or neglected has a legal responsibility, under state law, for reporting the suspected abuse or neglect to law enforcement or to Child Protective Services (CPS).

Any District employee, agent, or contractor has an additional legal obligation to submit the oral or written report within 48 hours of learning of the facts giving rise to the suspicion.

An employee will make a report if the employee has cause to believe that an adult was a victim of abuse or neglect as a child and the employee determines in good faith that disclosure of the information is necessary to protect the health and safety of another child or an elderly or disabled person.

Underwood said she released the students to their parents and allowed them to go home.

The detective said, based on his training and experience, that the 6-year-old students should not have knowledge of the types of sexual acts depicted in the photographs unless they'd seen or experienced it - therefore making them possible victims of sexual abuse.

By allowing the students to go home, the detective believed Underwood placed them at risk for further possible sexual abuse happening.

A search warrant was obtained to retrieve the contents of the student's iPad. The detective viewed the images and confirmed there was explicit sexual contact between the victims while in the school classroom.

The three students were forensically interviewed at Patsy's House Child Advocacy Center and made disclosures consistent with the images.

Read or Share this story: http://wtrne.ws/2nGkKiT

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Second WFISD principal charged with failing to report abuse

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CLOSE A second Wichita Falls ISD principal has been arrested and charged with failing to report an alleged sexual assault that reportedly happened on her campus. Cindy Sue Underwood, 35, was booked into the Wichita County Jail Monday afternoon and released shortly after on $1,000 bail.

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Federal Statutory Law: 18 U.S.C. § 1169

Requires all teachers, aides, counselors, teacher assistants, and bus drivers to report suspected child abuse.

Failure to report can result in fines and imprisonment.

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[USC02] 18 USC 1169: Reporting of child abuse

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(4) "local law enforcement agency" means that Federal, tribal, or State law enforcement agency that has the primary responsibility for the investigation of an instance of alleged child abuse within the portion of Indian country involved.

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Judicial Law: Smith v. State of Indiana, 982 N.E.2d 348

A high school principal from the state of Indiana was convicted of failure to report under a mandated reporter law.

A student reported to Smith that she had been raped by another student.

The principal notified the student’s parents and had her taken to the hospital

The principal conducted his own investigation instead of reporting to proper authorities.

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Administrative Law: Tx. Admin. Code § 61.1051

Requires all school employees to report suspected child abuse in written or oral form within 48 hours.

Reports can be made to:

1. a local or state law enforcement agency

2.  the Texas Department of Family and Protective Services, Child Protective Services Division

3. a local office of Child Protective Services, where available

4. the state agency that operates, licenses, certifies, or registers the facility in which the alleged child abuse or neglect occurred.

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Education rules concerning reporting child abuse and neglect

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State statutory law: Tx. Family Code § 261.101

Requires school employees to report abuse within 48 hours after abuse is suspected.

They may not delegate or rely on another person to make the report.

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The Wichita Falls Independent School District (WFISD) Employee Handbook (2017) states:

All employees are required to report suspected child abuse or neglect to law enforcement, Child Protective Services, or an appropriate state agency within 48 hours.

Employees must make a report if there is reason to believe an adult was the victim of abuse as a child and that the disclosure of the information would protect another child or disabled person.

An employee may not rely on anyone else to make the report.

Any person reporting abuse is immune from liability unless the report is made maliciously or in bad faith.

The district cannot retaliate against an employee who reports abuse.

Failure to report can result in a misdemeanor or disciplinary action by the State Board of Educator Certification.

Abuse must also be reported to the campus principal after reporting to the appropriate agency.

References
Wichita Falls Independent School District. (2017). Employee Handbook, Reporting Suspected Child Abuse. Retrieved from https://www.wfisd.net/site/handlers/filedownload.ashx?moduleinstanceid=23687&dataid=34053&FileName=WFISD%20Handbook%20Updated%209.12.17.pdf

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American School Counselor Association Ethical Standard A.11.d states that school counselors must "develop and maintain the expertise to recognize the signs and indicators of abuse and neglect."

This standard emphasizes the responsibility that counselors have to educate themselves about the signs of child abuse so they can be recognized and reported. Ignorance is not an excuse to not make a report.

References
American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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This article describes the importance of school counselors as they advocate for students through their role as mandated reporters. It points out the obstacles and anxieties that counselors face in their reporting duties, and it describes how counselors can become more comfortable with reporting by attending training programs and adhering to school policies and ethical standards.

References
Valkyrie, K. T., Creamer, D. A., & Vaughn, L. (2008). Mandatory Reporting and School Counselors: Reporting Laws, Obstacles, and Solutions. Alabama Counseling Association Journal, 34(1), 18–33. Retrieved from http://search.ebscohost.com.easydb.angelo.edu/login.aspx?direct=true&db=eric&AN=EJ875391&site=eds-live

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ERIC - EJ875391 - Mandatory Reporting and School Counselors: Reporting Laws, Obstacles, and Solutions, Alabama Counseling Association Journal, 2008

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Child abuse and neglect is a serious problem across our nation, and the consequences can be far reaching. Laws were enacted to address child abuse and identify mandatory reporters, including school counselors. In the literature, school counselors regularly report systemic and personal obstacles that influence their compliance with the mandatory reporting laws.

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Slide 13: Recommendations & Implications

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Slide 13: Recommendations & Implications

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Know the definitions of the different types of abuse (emotional, physical, sexual, psychological, neglect).

Know and review the signs of abuse frequently.

Remember that instances of abuse between minor students are also forms of child abuse.

Know, understand, and follow the laws, ethics, and local policies on reporting child abuse.

Consult with other professionals when complicated situations arise.

Always let students know that confidentiality is not possible in cases of suspected abuse so trust is not broken.

Report all cases of suspected abuse to law enforcement, Child Protective Services, or an appropriate state agency within 48 hours or less.

Report cases of sexual abuse immediately. Time is crucial to the investigation.

It is not your job to investigate or confirm the abuse. It is only your job to report it.

Also report the suspected abuse to the campus principal and/or appropriate administrators, but do not rely on them to make the report.