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Topic:

A legal issue that impacts education is the duty to report suspected abuse or neglect. Texas school faculty and staff are mandatory reporters.  If a school professional suspects abuse, they are required to report within 48 hours (Texas Family Code § 261.101(b) (Texas Education Agency, 2020).

Professional Perspective:

In education, I believe that the responsibility to report is an important topic and legal issue that greatly affects students and school professionals.   All school employees are mandatory reporters, regardless of their role within the institution.  All employees must understand the legal implications of their position as mandated reporters. Faculty and staff of a school are expected to hold high ethical and moral standards and should provide safety and protection for students who are not always able to protect themselves. Therefore, mandatory reporting of suspected abuse or neglect is crucial to the safety of children who are in the care of a school system.

Audience:

The audience that this Legal Guide will impact is any person employed by a school or affiliated with a school including faculty, staff, parents, students, guardians, administration, school board, and school district.

Reference:

Texas Education Agency. (2020). A Texas School Employee's Guide to Reporting Suspected Abuse & Neglect. Texas Education Agency. Retrieved October 5, 2024, from https://tea.texas.gov/texas-schools/health-safety-discipline/educators-guide-2020-english.pdf

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The legal agency in Texas that is responsible for compliance with the Duty to Report is the Department of Family and Protective Services or any local or state law enforcement agency (Mandatory Reporting of Child Abuse and Neglect - Texas, 2023).  All employees of an educational institution are expected to be in compliance with the law.  If there is a failure to report the employee can face disciplinary and legal action.  It is a class A misdemeanor if there is a violation (It Is YOUR Duty to Report Child Abuse, 2024).

References:

It is YOUR Duty to Report Child Abuse. (2024). United Educators Association. Retrieved October 6, 2024, from https://www.ueatexas.com/duty-report-child-abuse/

Mandatory Reporting of Child Abuse and Neglect - Texas. (2023, May). Child Welfare Information Gateway. Retrieved October 6, 2024, from https://www.childwelfare.gov/resources/mandatory-reporting-child-abuse-and-neglect-texas/

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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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U.S. Constitution Law

The U.S. Constitution Law that impacts mandatory reporters is 42 U.S.C § 13031, which is a provision of the Victims of Child Abuse Act.  This law requires any child abuse that is suspected while on federal land or federal facilities to be reported.

Link to the Federal Law: https://uscode.house.gov/view.xhtml?req=granuleid:USC-2000-title42-section13031&num=0&edition=2000

Texas State Law:

The Texas state law that mandates reporting of abuse is Texas Family Code § 261.101(b).

Link to the Texas State Law: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

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Slide 4 - Statute and Administrative Law

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Slide 4 - Statute and Administrative Law

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State of Texas Statute:

The Texas Family Code Section 261.101

Requires professionals who work with children to report any suspected abuse or neglect within 48 hours of first suspicion.

This impacts all faculty and staff that work in a school.

Link to Law:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

Student Privacy State Administrative Law:

The Texas Administrative Code, 25 Tex. Admin. Code § 1.204

Defines what constitutes abuse and neglect.

Creates parameters for mandatory reporters to detect abuse or neglect in children that may be in their care.

Link to Law:

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=1&rl=204

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

Summary:

A childcare worker noticed signs of abuse on a three-year-old in her care.  When questioned, the child implicated that his mother’s boyfriend hurt him.  Upon further examination at a hospital, there were multiple signs of abuse on both the three-year-old and his 18-month-old sister.  Charges were pressed against Darius Clark.  Due to the child’s age, he was not required to testify in court; however, his witness testimony was submitted.  Clark’s attorneys claimed the testimony was inadmissible because of the Confrontation Clause. Clark was convicted and appealed the court’s decision.  The Supreme Court of Ohio overturned the conviction, and it was appealed to the United States Supreme Court. The U.S. Supreme Court ruled that the evidence in the testimony was admissible because the teacher, a mandated reporter, questioned the child to seek evidence.  The court stated that as a mandated reporter, she acted as an agent of the state in gathering evidence of abuse.  Therefore, the conviction stood, and the child was protected (Ohio V. Clark | 576 U.S. 237 (2015), 2015).

Outcome:

The 9-0 Supreme Court ruling set the precedent that a statement could be admissible if it met the primary purpose test. This tests the determines if the statement was used to enable a response to an emergency or establish events that might lead to prosecution. This test enables the court to decide if there is an exclusion to the Confrontation Clause (O'Hear, 2015).

References:

O'Hear, M. M. (2015, June 26). Ohio v. Clark: The Supreme Court's Latest Pronouncement on the Confrontation Clause – Marquette University Law School Faculty Blog. Marquette University Law School. Retrieved October 8, 2024, from https://law.marquette.edu/facultyblog/2015/06/ohio-v-clark-the-supreme-courts-latest-pronouncement-on-the-confrontation-clause/

Ohio v. Clark | 576 U.S. 237 (2015). (2015, June 18). Justia U.S. Supreme Court Center. Retrieved October 8, 2024, from https://supreme.justia.com/cases/federal/us/576/237/

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Regulation for Mandatory Reporters:

Mandatory reporters of suspected abuse can not rely on another person to make a report if they suspect abuse according to the Texas Family Code §§ 261.101 (Fam. Code §§ 261.101) (Mandatory Reporting of Child Abuse and Neglect - Texas, 2023).

This regulation makes the individual who first suspects abuse responsible for making the report to Child Protective Services.

This places a great responsibility on the professional and does not allow the responsibility to shift to a supervisor or other employee of the educational institution.

Reference:

Mandatory Reporting of Child Abuse and Neglect - Texas. (2023, May). Child Welfare Information Gateway. Retrieved October 6, 2024, from https://www.childwelfare.gov/resources/mandatory-reporting-child-abuse-and-neglect-texas/

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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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In Texas, the Keller Independent School District published the requirements for mandatory reporting in their accessible Keller ISD Employee Handbook (Keller ISD Employee Handbook, 2024). This local rule upholds the standards set for mandatory reporters at the federal and state level.

Reference:

Keller ISD Employee Handbook. (2024, June). KellerISD.net. Retrieved October 8, 2024, from https://resources.finalsite.net/images/v1720713139/kellerisdnet/k4jwe6mu7v3cs3bbznxc/KISDHandbook24-25.pdf

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Three risk management strategies that can be used to mitigate issues with mandatory reporting are as follows:

Training and awareness programs are needed for all school staff, faculty, and administrators. The training should include how to recognize abuse or neglect and what steps need to be taken when they start the reporting process. It should also include the consequences when there is a failure to report, which can be found in Texas Family Code § 261.109.

Clear reporting procedures need to be established to communicate the expectations of reporting, the steps needed, and the time frame in which a report needs to be made. This could include easy-to-follow steps that are posted in staff common areas and a designated "expert" that a staff member could rely on if they have questions.

A monitoring and evaluation system would also need to be put in place to monitor the effectiveness of the reporting practices and training programs. This will ensure that school faculty and staff stay up-to-date on training and are able to support the student population.

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The Texas Administrative Code (19 Tex. Admin. Code § 247.2) states in Standard 1.7 that all educators must comply with state regulations.  The State of Texas requires any suspected abuse or neglect to be reported within 48 hours of the first suspected abuse.  If this report is not made, it goes directly against the ethical standard of following state regulations.

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Slide 10 - Personal Connection to the Legal and Ethical Standard

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Slide 10 - Personal Connection to the Legal and Ethical Standard

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My connection to the legal and ethical standards for mandatory reporting of suspected abuse and neglect stems from my experiences in school settings where I have witnessed vulnerable students need an adult who will protect them. Understanding the laws and ethical standards has helped deepen my understanding and commitment to ensuring the safety of students. This has given me the tools to recognize any potential abuse and the knowledge of how best to help children who are in my care and advocate for their protection.

These connections to the law create a sense of responsibility which motivates me to safeguard and take action for the students who need it. The law empowers me to maintain safe spaces, where children are free to learn, without the fear of recourse for reporting any suspicions of abuse. This encourages my desire to continue professional development in areas of child protection as well as student academic success.

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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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Six recommendations and best practices to encourage compliance for mandatory reporting are as follows:

Regular training sessions for all school faculty, administration, and staff that include applicable laws and signs of abuse or neglect.

Create clear reporting procedures that are easy to follow and ensure that staff know the appropriate steps to take when abuse or neglect is suspected.

Foster an environment where the school faculty and staff feel comfortable asking questions and discussing concerns without fear. This will encourage open communication which creates a culture that puts the needs of students first.

Practice confidentiality to ensure that the identities of the children and mandated reporters are kept private. This will build trust in the school and will not bring embarrassment to a student.

Encourage collaboration with Child Protective Services or local law enforcement to create familiarity. This can improve communication and create a supportive environment among the faculty and staff of the school.

Review and assess the procedures, reporting, and best practice procedures that are used by the school to make sure that the processes and steps in place are efficient, meet legal requirements, and are followed by the faculty and staff.