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This legal padlet is designed to help inform K-12 teachers on the laws involving reporting suspected abuse and neglect and how mandatory reporting impacts students and their families. As a future school counselor myself, it is important for me to understand all of the legal requirements of mandatory reporting and the current discussions involving the topic so that I can help inform all of the staff members at my school.  I chose this particular topic because I have had to report several child abuse cases myself to CPS as a teacher, and it was a very difficult and confusing process.

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With cases of child abuse and neglect on the rise, it is important for school counselors and all educational stakeholders to understand when and how to report suspected abuse. It is also important for school counselors to be able to identify potential signs of abuse and train other staff members on ways to identify these signs. Teachers are considered mandatory reporters by law, and therefore teachers and other school staff are required to report any cases of potential abuse to the proper authorities. However, recently there has been some discussion on whether the mandatory reporting laws are helping or hurting families.

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Citation:
Stone, C. (2021). New challenges in child abuse reporting. ASCA School Counselor. https://www.schoolcounselor.org/Magazines/November-December-2021/New-Challenges-in-Child-Abuse-Reporting
Link: https://www.schoolcounselor.org/Magazines/November-December-2021/New-Challenges-in-Child-Abuse-Reporting
Summary:
This article summarizes recent frequently asked questions that the organization has received involving child abuse reporting. Some of the main points in the article are:

Do not inform the alleged abuser; do not contact the parents once you made the report, this could cause more harm than good

You do not have to provide the parents a copy of the abuse report if/when they request it. This is covered under the Child Abuse and Prevention Act (CAPTA).

You should report multiple times if you think abuse is happening again after a report has been filed.

When dealing with reports of parental substance abuse, this may be considered child abuse and may need to be reported to CPS. States differ in their reporting laws involving substance abuse. Check with CPS; they will let you know if you must also report to the police.

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Citation:
Murphy, S. (2022). Pandemic showed teachers' key role in spotting child abuse. HealthDay News.
Link:
https://www.usnews.com/news/health-news/articles/2022-08-09/b-8-11-pandemic-showed-teachers-key-role-in-spotting-child-abuse#:~:text=11%2C%202022-,Aug.,2022%2C%20at%207%3A04%20a.m.&text=THURSDAY%2C%20Aug.,of%20endangered%20children%20were%20missed.
Summary:
This article argues the importance and positive impact of teachers serving as mandatory reporters of potential child abuse. A study discussed in the article claims that between 5,500 and 8,000 potential cases of abuse were left unreported during the pandemic since teachers were not seeing students in person. The article also discusses the importance of more training for educators to help identify signs of potential abuse.

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Citation:
Austin, E., & Perez-Darby, S. (2023). The Consequences and Harm of Mandatory Reporting for Young People: Insight on Changes and Harm Reduction for a Trauma-Informed Response. Juvenile Justice Update, 29(1), 3–19.
Link:
https://eds-s-ebscohost-com.easydb.angelo.edu/eds/pdfviewer/pdfviewer?vid=18&sid=1fdc9daa-7c06-425f-8ade-5c3ff606c484%40redis
Summary:
This article talks about the potential negative consequences of reporting suspected abuse. According to this article, people are over-reporting and this is leading to victims "feeling less safe by decreasing their choices and forcing them into systems that are under-resourced and overburdened" (Austin & Perez-Darby, 2023, p. 17). It also suggests that children are being separated from their families and losing trust in their teachers whom they used to confide in. Several suggestions to still be in compliance with mandatory reporting laws, but to better support victims of abuse include:

Use a trauma-informed approach to mandatory reporting.

Be knowledgeable in exact mandatory reporting laws.

Do not over-report.

Anticipate the impacts of the report and prepare for them.

Be clear with the people confiding in you that you are a mandated reporter.

Only gather the information necessary to make the report. Report facts only.

The article calls for a movement to discretionary reporting versus mandatory reporting and explains why this would better support victims of abuse.

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Slide #6 Original Sources of Law at Federal or State Level

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Slide #6 Original Sources of Law at Federal or State Level

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Law: Child Abuse Prevention & Treatment Act of 1974
Citation:

Child Abuse Prevention & Treatment Act of 1974, Pub. L. No. 93-247, 88 Stat. 4 (1974).
Source of Law: Statutory Law, United States Code
Link: https://www.congress.gov/bill/93rd-congress/senatebill/1191#:~:text=Public%20Law%20No%3A%2093%2D247(01%2F31%2F1974)&text=Child%20Abuse%20Prevention%20and%20Treatment,persons%20working%20in%20the%20field.

Summary:

The Child Abuse and Prevention Act of 1974 is a federal law that created national definitions of child abuse and neglect to be "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 Abuse Prevention & Treatment Act, 1974, p. 4).

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Slide #7 Original Sources of Law at Federal or State Level

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Slide #7 Original Sources of Law at Federal or State Level

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Law: Texas Family Code § 261.101-109
Citation:

Investigation of Report of Child Abuse or Neglect, Tex. Fam. Code § 261.101-109
Source of Law: Statutory Law, Texas Family Code
Link:
https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm
Summary:

Texas Family Code Section 261.101 states that a report must be made immediately by someone who has reasonable cause to believe a child is experiencing abuse or neglect within 48 hours of suspecting the abuse. The person must make the report themselves and their identity will remain confidential (Tex. Fam. Code § 261.101).

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Slide #8 Original Sources of Law at Federal or State Level

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Slide #8 Original Sources of Law at Federal or State Level

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Law: Texas Education Code § 38.004
Citation:

Health and Safety, Tex. Educ. Code § 38.004
Source of Law: Statutory law, Texas Education Code
Link: https://statutes.capitol.texas.gov/SOTWDocs/ED/htm/ED.38.htm
Summary:

This code states that school districts must develop a policy for reporting abuse that follows Chapter 261 of the Texas Family Code and must call for cooperation with law enforcement and child abuse investigations without the consent of the parents if necessary (Tex. Educ. Code § 38.004). The school district must provide links on its website to resources on child abuse prevention, develop and update a training program on child abuse prevention, and provide child abuse antivictimization programs (Tex. Educ. Code § 38.004).

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Slide #9 Original Sources of Law at Federal or State Level

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Slide #9 Original Sources of Law at Federal or State Level

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Law: Ohio V. Clark
Citation:
Ohio v. Clark, 576 US 237 (2015)
Source of Law: Judicial Law, US Supreme Court
Summary:
In this case, a teacher reported suspected abuse of a 3-year-old student by the student's stepfather. The stepfather claimed that he had a right to speak to his accuser, the child, and therefore the testimonial from the teacher should not suffice as evidence. The Supreme Court ruled that a conversation between a child and the mandatory reporter is not considered an interview that can be used as a primary source of obtaining evidence for criminal prosecution.

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Slide #10 Policy or Rule from a School or Institution - Administrative Law

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Slide #10 Policy or Rule from a School or Institution - Administrative Law

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School/Org Policy: Allen ISD polices on Reporting Child Abuse
Citation:

Allen Independent School District. (2023). Student Handbook. https://www.allenisd.org/site/handlers/filedownload.ashx?moduleinstanceid=57870&dataid=123512&FileName=Updated%20handbook.pdf
Link:

https://www.allenisd.org/site/handlers/filedownload.ashx?moduleinstanceid=57870&dataid=123512&FileName=Updated%20handbook.pdf
Summary:

The Allen ISD district handbook includes a list of mandatory reporting requirements and a list of resources that discuss signs of abuse and ways to best support students suffering from abuse (Allen Independent School District [AISD], 2023). The district will require yearly professional development training for all staff members covering signs of abuse and neglect, how to talk to students who are reporting abuse, steps needed to take to report suspected abuse or neglect to Child Protective Services (CPS) or local law enforcement agency (AISD, 2023). All staff will be required to follow mandatory reporting laws outlined in the Texas Family Code (AISD, 2023).

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Professional Code of Ethics: ASCA Ethical Standards for School Counselors
Citation:
American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf
Link: https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf
Summary:
ASCA Ethical Standards section A12, child abuse, states that school counselors must report all cases of suspected abuse or neglect and be knowledgeable of state laws and district policies involving reporting child abuse (ASCA, 2022). These standards also indicate that "school counselors are held to a higher standard regarding their absolute duty as a mandated reporter" (ASCA, 2022, p. 6).

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Citation:
Schwab-Reese, L. M., Albright, K., & Krugman, R. D. (2023). Mandatory Reporting “will Paralyze People” or “Without it, People Would not Report”: Understanding Perspectives from Within the Child Protection System. Child & Youth Care Forum, 52(1), 139–156. https://doi-org.easydb.angelo.edu/10.1007/s10566-022-09676-y
Link:
https://eds-s-ebscohost-com.easydb.angelo.edu/eds/detail/detail?vid=20&sid=1fdc9daa-7c06-425f-8ade-5c3ff606c484%40redis&bdata=JnNpdGU9ZWRzLWxpdmUmc2NvcGU9c2l0ZQ%3d%3d#AN=161486061&db=b9h
Summary:
This article discusses the fact that there is little empirical evidence studying the effectiveness of mandatory reporting on preventing harm to children. It compares countries with and without mandatory reporting laws and interviews people involved within systems affected by mandatory reporting. Overall, the article concludes that mandatory reporting laws need to be studied further for effectiveness and offers potential beneficial changes to the laws to help better support children.

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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Recommendations/Best Practices:

Ensure that all school counselors and educational stakeholders are aware of state and federal laws involving mandatory reporting.

Have clear district policies that are stated in the handbook covering reporting potential child abuse and neglect.

School counselors should provide training to all staff on reporting laws and ways of identifying signs of potential abuse and neglect.

Follow district, state, and federal laws and report any credible suspicion of abuse or neglect within 48 hours to the appropriate authorities. Do not discuss the report with any other individuals, including parents.

Stick to the facts when discussing and reporting potential abuse. Do not press children for more details and report only what you heard.

Be considerate of the potential negative effects of mandatory reporting and be able to offer support to students involved in this process.

Start taking place in the discussion involving the positive and negative effects of mandatory reporting laws and be a voice in improving policies.