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Mandatory Reporting is a legal obligation for school counselors.  Breaking confidentiality for suspected child abuse and/or neglect fulfills legal obligations that override any confidentiality agreement. This is a current legal and ethical issue that many school counselors are facing. This information is intended to provide a guide for anyone who is considered a mandated reporter.

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Mandated reporting for suspected child abuse is crucial for school counselors as it ensures the child's safety, fulfills legal and ethical duties, provides appropriate resources and support, and contributes to a culture of safety and trust in the school community.

One emerging issue related to mandated reporting for suspected child abuse is the use of technology and digital platforms in both the perpetration and detection of abuse. School counselors and other professionals may encounter disclosures related to digital abuse, which can be more difficult to detect compared to traditional forms of abuse. This raises the challenge of how mandated reporters can identify and respond to digital abuse, especially when it occurs outside the physical school environment.

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A valuable resource on mandated reporting from a professional association is the American School Counselor Association (ASCA). They provide a comprehensive guide and resources on mandated reporting, including ethical and legal responsibilities for school counselors.

This document outlines the professional and ethical responsibilities of school counselors, including those related to mandated reporting of suspected child abuse. It provides guidelines on how school counselors should handle situations where they suspect abuse, how to report it, and how to protect the child’s welfare while maintaining professional integrity.

Website Link to ASCA's Ethical Standards:

ASCA’s official website: https://www.schoolcounselor.org

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"Each year, thousands of abused children come through the halls of our schools and interact with other students, teachers and school counselors. Many remain undetected, silent victims. School counselors, using their observational skills and ability to deliver professional development, can help all educators hone their detection skills. " (Stone, C., 2021, New Challenges in Child Abuse Reporting, ASCA School Counselor)

The cases presented here are some of the recent questions ASCA has received, such as:

Alerting the Alleged Abuser

Parents Demand to See Child Abuse Report

Report Multiple Times

Parental Substance Abuse and Child Abuse

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Author(s): Carolyn Stone, Ed.D. November 1, 2021

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New Challenges in Child Abuse Reporting - American School Counselor Association (ASCA)

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In 1962, states began to develop legislation to help combat child abuse and neglect. In 1974, the Child Abuse Prevention and Treatment Act (CAPTA) was enacted, and the National Center on Child Abuse and Neglect was founded. The center developed the Model Child Protection Act, which is used extensive…

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"Here’s the reality: Research shows that mandatory reporting often does more harm than good." (Meyer, V., When mandated reporting does more harm than good: Tools for a new approach, 2023) This article goes through the idea that mandated reporting can be more destructive and offers tools for a new approach for being mandated supporters.

Topics include:

A new paradigm: Mandatory support

A Broken System

What We Can Do

https://www.aft.org/news/when-mandated-reporting-does-more-harm-good-tools-new-approach

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When mandated reporting does more harm than good: Tools for a new approach

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If any school staff member suspects child abuse, neglect or maltreatment, mandatory reporting laws require that they report the incident to child welfare authorities. But for a variety of reasons, those reports can do more harm than good. A new approach—for mandatory supporters rather than mandatory reporters—makes room for a more nuanced response when children and families need a helping hand.

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Federal Law

The Child Abuse Prevention and Treatment Act (CAPTA) is a key piece of federal legislation in the United States that addresses child abuse and neglect. It was originally enacted in 1974 and has been reauthorized several times since. The law sets minimum standards for states to follow to receive federal funds aimed at preventing child abuse and neglect, and it provides guidelines for the protection and treatment of children who have been abused or neglected (Child Abuse and Treatment Act, 1974).

Link: https://www.congress.gov/bill/93rd-congress/senate-bill/1191#:~:text=Listen,$15%2C000%2C000;%20$20%2C000%2C000%20$25%2C000%2C000%20and%20$25%2C000%2C000.

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State Law

Tex. Fam. Code § 261.101 is the section of the Texas Family Code that mandates the reporting of child abuse or neglect in the state of Texas. This law establishes the legal obligation for certain professionals and other individuals to report suspected child abuse or neglect to the appropriate authorities (Tex. Fam. Code § 261.101).

Link:  https://statutes.capitol.texas.gov/docs/fa/htm/fa.261.htm#:~:text=OR%20NEGLECT;%20IMMUNITIES-,Sec.,as%20provided%20by%20this%20subchapter.

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State Law

Tex. Fam. Code § 261.109 addresses the confidentiality of the identity of individuals who report suspected child abuse or neglect in Texas. This section is an important provision in the state's child protection laws, ensuring that those who report abuse or neglect are not subject to retaliation or harm due to their actions (Tex. Fam. Code § 261.109).

Link:  https://statutes.capitol.texas.gov/StatutesByDate.aspx?code=FA&level=SE&value=261.109&date=3/30/2015

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Administrative Law

School counselors are mandated to report any suspicion of child abuse or neglect to the appropriate authorities (ASCA, 2022, Standard A.12).  This standard reflects a legal and ethical obligation for school counselors to take action if they suspect a child is being abused or neglected. While the exact reporting process may vary by jurisdiction, this standard underscores that school counselors are mandated reporters under state laws, which means they are required to report suspected abuse or neglect to the appropriate authorities, typically child protective services (CPS) or law enforcement.

Link:  https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

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School or Organization Policy (Slide 10)

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School or Organization Policy (Slide 10)

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Local policy/rule (Administrative Law)

Katy Independent School District (Katy ISD), located in Texas, has a clear policy regarding the reporting of suspected child abuse or neglect. This policy aligns with both state law and district guidelines to ensure the protection and well-being of children in the district. The district follows the Texas Family Code and other relevant laws, as well as ethical standards set by professional organizations like the American School Counselor Association (ASCA).

Link: https://www.katyisd.org/cms/lib/TX50010808/Centricity/Domain/3804/Additional%20Statue%20Requirements.pdf

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The ASCA Ethical Standards emphasize the duty to inform students and families about limitations to confidentiality, including the requirement to report suspected abuse.

Standard A.8. (Legal and Ethical Responsibilities)

This standard speaks to the overall ethical and legal duties of the counselor, emphasizing the need to act within the law and uphold ethical standards. It asserts that counselors must act to protect the well-being of students, which includes following mandatory reporting laws. (American School Counselor Association, 2022)

The counselor's legal obligations, such as reporting suspected abuse, take precedence over confidentiality when a student’s safety is at risk.

Link:

https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

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This article provides an in-depth overview of the legal obligations of school counselors regarding mandatory reporting. It covers the ethical considerations, as well as the practical steps counselors should take when they suspect child abuse or neglect. It also discusses how to balance confidentiality and the duty to protect children.

Rarely do ethical dilemmas confronting professional school counselors involve definitive "correct" or "incorrect" choices. However, when it comes to reporting suspected child abuse and/or neglect, explicit laws and policies require that counselors have appropriate procedures available for managing suspected abuse.

Link:

https://www.jstor.org/stable/42732466

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Child Abuse and Neglect: A Practical Guide for Professional School Counselors on JSTOR

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Glenn W. Lambie, Child Abuse and Neglect: A Practical Guide for Professional School Counselors, Professional School Counseling, Vol. 8, No. 3, SPECIAL ISSUE: PROFESSIONAL SCHOOL COUNSELING IN URBAN SETTINGS (FEBRUARY 2005), pp. 249-258

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When considering legal compliance, ethical standards, and best practices for mandatory reporting of suspected child abuse, school counselors must balance their responsibility to protect children with their ethical duties and legal obligations.

Here is a list of ways that I have learned that a Professional School Counselor can adhere to best practice procedures:

Understand and adhere to local, state, and federal Laws

Stay informed about professional ethical standards

Ensure proper training and support

Establish clear protocols and communication

Consider ethical implications and the child's well-being

Collaborate with other professionals

Self-Care and support

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American School Counselor Association. (2022). ASCA Ethical Standards for School Counselors.

Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5101 (1974).

Texas Family Code § 261.109, 2023

Tex. Fam. Code § 261.101, 2023

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

Meyers, V., When mandated reporting does more harm than good: Tools for a new approach, AFT, https://www.aft.org/news/when-mandated-reporting-does-more-harm-good-tools-new-approach

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/standards-ethical-practice/ethical-standards

Lambie, G. W. (2005). Child abuse and neglect: A practical guide for professional school counselors. Professional School Counseling, 249-258.