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Educators and educational staff that work with students on a daily basis are the most important people and a key component in protecting the well-being of the students. It is important to report child abuse and neglect. The educational staff spends a fairly large amount of time with students. Many times five days a week for several hours a day. The staff somewhat becomes like second parents and guardians to the students. Educators learn the way they act and their mannerisms and can distinguish when something is wrong or off. The school personnel builds trusting relationships with students and they feel safe to share life-affecting events that they are scared to share with other adults.
My field of education is that of an elementary school teacher and I have taught a wide range of grade levels from Pre-K to fifth grade. The topic for this legal guide is child abuse and neglect. The reason that I chose this topic is that I feel that it is important that all school personnel know the laws behind reporting child abuse and neglect.

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I had the great pleasure of interviewing the previous counselor at Horne Elementary Mrs. Tania Nero. She will be transferring from Horne Elementary to Hemmingway Elementary in the Cypress Fairbanks Independent School District.

Why the Legal Guide topic is important in your field of education or how it is impacting your field of education?
The topic of child abuse and neglect and it’s legality is important in the field of school counseling because counselors are on the front lines in hearing the information from the students. Many times, counselors are the only people that students can confide in or report to because the only other adults that they know might be the adults that are causing the harm. Also, everyone working at a school is a mandatory reporter in case they come across any of these allegations.

What are the best practices related to your topic?
The following are best practices:

Child abuse and neglect are included in ASCA Ethical Standards which states that counselors must report if we suspect there is abuse or neglect happening.

There are laws that protect educators and counselors, but there can be harsh reprimands if it is not reported.

In Cy-Fair ISD, we are fortunate enough to have people the school counselors can call for guidance and perspective for particular cases we may have at our schools.

An area emerging issue related to your topic that educators should watch to see how it plays out and impacts your work?

One of the biggest issues with this topic is parents coming to school and being upset with everyone after they receive a visit from CPS. They are looking and asking questions to see who is the reporter. They are angry and want their children to be isolated from the person who reported. Although we are not mandated to tell them who reported, the parent immediately gets defensive and then tells a student to stop reporting to anyone at school. This can greatly affect reporting child abuse and neglect because the child will no longer want to speak about what is going on.

Can you tell me how this legal issue (Child Abuse & Neglect)  impacts your work?

Child abuse and neglect impacts the work of a school counselor on a daily basis. Although there are many other facets of the school counselor's job, one of the most important is to make sure the student's well-being at home and at school are a top priority. One part of reporting includes either calling or filing a report online. If a parent suspects that you are the reporter, they may ask for the student not to see you anymore. This is the biggest way our job is impacted because we do not get to follow up with certain students after the report is made.

Are there legal requirements or compliance issues you regularly monitor or have to be attentive to in this area?
When CPS comes to our campus we have to legally check their status and work IDs to ensure no foul play. This includes calling a special number or state database and getting a copy of the social worker's ID.

Do court cases and their decision impact your work?
Court cases could potentially impact the decisions counselors make at work. However, it is important that we first uphold the written laws and always seek for guidance through the ASCA National Model. Most cases I have read about, in regards to this topic, are about school counselors who did not report necessary information and lose their credentials.

Are there certain student or employee rights that relate to this issue?
The biggest issue may be that of confidentiality. It is important to talk to students about when you might have to share information that they’re telling you before they disclose any information. An example would be if someone is hurting you or someone you know, we need to report this information to someone who can help us.

Can you share a situation related to this issue and how you resolved it?
After reporting a situation to CPS, a parent told their student not to talk to anyone about the situation at home or they would be removed from the home and placed in foster care. This immediately frightened the child and they no longer wanted to report more information to the school counselor or to the social worker. The parents then asked that I no longer speak to the student. They do have the right to do so, however, the student then built a rapport with one of our assistant principals. We both worked together to ensure the student was still using their voice to tell us what was happening at home.

Have you attended or provided any training recently on this topic? How do you stay current on this topic? Yes, there are many trainings that took place virtually this summer. Our school district trains every counselor at the beginning of each school year and provides training that will be presented to all CFISD employees. It is important to stay current on this topic in case there are any additional resources we may use or provide in a training or when we must report an incident.

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National Education Association

The decision in Ohio v. Clark avoids putting educators in the law enforcement role

This resource is informative to the topic of child abuse and neglect because it helps counselors have a better understanding of how essential it is to report if there is suspicion that a child might be abused or is in an unsafe environment. Teachers are not law enforcement, caseworkers, or social workers but are state-mandated reporters. Mandatory report laws aren't about prosecuting crimes, but are put in place to protect abused and neglected children to ensure that all children and their families get the help and support they deserve.

Decision in Ohio v. Clark avoids putting educators in law enforcement role. (2015, June 18). http://www.nea.org/home/63062.htm

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NEA President: Mandatory reporting laws are there to protect abused, neglected children

The Supreme Court of the United States issued its ruling today in Ohio v. Clark, which raised the question of whether a child's statement to his teacher about being a victim of abuse is inadmissible in a criminal prosecution against his abuser because teachers and other educators should be considered law enforcement officials when they carry out their duty to report suspected abuse or neglect. The National Education Association filed an amicus brief in the case supporting the state's view that educators' valuable role as mandatory reporters and caregivers should not be compromised. In a unanimous decision, the Court agreed and ruled against putting educators in a law enforcement role.

The case stems from an incident in March 2010, when a teacher at a Head Start center in Cleveland, Ohio, noticed that one of her preschool students had what appeared to be a bloodshot and bloodstained left eye. Alarmed, the teacher consulted with a colleague and together the two educators-in their state-mandated role as reporters of suspected child abuse and neglect-submitted this information to law enforcement. Darius Clark, the boyfriend of the three year old's mother, was soon arrested, charged and eventually convicted of felonious assault, child endangerment and domestic violence.

The following statement can be attributed to NEA President Lily Eskelsen García:

"We are pleased the Court recognized what educators have long understood-namely, that mandatory reporting laws aren't about prosecuting crimes, but are there to protect abused or neglected children and to ensure those children and their families get the help and support they deserve.

"As we argued in our amicus brief, this case could have had a chilling effect on teacher-student interactions. Teachers aren't cops. To confuse those two roles could have hampered educators' ability to help their students. Today's decision by the Court helps brings some clarity to this area.

"These brave Ohio educators did what was necessary to protect the safety of one of their students, just as educators across the country do in similar circumstances every day."

Follow us on twitter at www.twitter.com/NEAMedia
The National Education Association is the nation's largest professional employee organization, representing
more than 3 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators and students preparing to become teachers. Find out more at.
CONTACT: Staci Maiers, NEA Communications, 2015 (202) 270-5333 cell, smaiers@nea.org

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Decision in Ohio v. Clark avoids putting educators in law enforcement role

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The Supreme Court of the United States issued its ruling today in Ohio v. Clark , which raised the question of whether a child's statement to his teacher about being a victim of abuse is inadmissible in a criminal prosecution against his abuser because teachers and other educators should be considered law enforcement officials when they carry out their duty to report suspected abuse or neglect.

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Education Week - Law and Courts Section
Principals: More of Your Students Might Be Abused or Neglected Than You Think

Summary

In high-poverty schools, 30% to 60%  of students can be affected.

More than 1/3 of those investigations are confirmed abuse or neglect

50% of children in low-income urban schools have likely been subject to abuse or neglect at home

Identifying and reporting child abuse has to to be one of the top priorities of the schools

Principals and teachers are not notified of child welfare investigations, even if there is a formal confirmation of abuse or if the child is removed from the home.

Teachers are required by law to report anything that even remotely suggests child abuse, maltreatment, or neglect.

Sparks, S. D. (2018, March 27). Principals: More of Your Students Might Be Abused or Neglected Than You Think. Education Week. http://blogs.edweek.org/edweek/inside-school-research/2018/03/child_abuse_hinders_reading_math_achievement.html

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Quick quiz: How many students in a given elementary school walk into their 3rd-grade achievement tests with a history of abuse or neglect? One in 10? One in 5? One in two?

A forthcoming study by University of Michigan researchers Brian Jacob and Joseph Ryan finds nearly 18 percent of students in the Wolverine State have been involved in a child welfare investigation by the time they reach 3rd grade. In high-poverty schools, 30 percent to 60 percent of all students can be affected. And more than a third of those investigations confirmed abuse or neglect. In fact, statewide, the researchers found the rate of child welfare investigations was higher than the rates of childhood asthma and disabilities combined. The results were previewed in a report by the Center on Children and Families at the Brookings Institution.

"In education, we recognize that there are a lot of out-of-school factors that affect student achievement. ... That's always assumed, but it's really not a main focus of schools themselves- they might be focused on making sure the math instruction is well-designed and targeted," said Jacob, a professor of education policy and economics at the University of Michigan. "But when I saw the numbers myself, it made me rethink that. If 50 percent of children in a low-income urban school have likely been subject to abuse or neglect at home, that has to be one of the top priorities of the school, whether they want it to be or not."

Achievement Gaps Associated With Abuse and Neglect

Generally, principals and teachers are not notified of child welfare investigations, even if there is a formal confirmation of abuse or if the child is removed from the home-but the effects do make themselves known.

Jacob and Ryan used linked child welfare and student achievement data to compare more than 742,000 students with a history of mistreatment (from birth through age 9) to matched peers of the same age, race, gender, income level, neighborhood and elementary school. Once those background characteristics were taken into account, the researchers found by the end of 3rd grade, students who had been involved in an investigation of abuse lagged in a variety of academic areas compared to peers who had not-and the gaps were even larger for students whose child welfare investigations confirmed abuse or neglect.

All told, these gaps between students who had alleged or confirmed neglect or abuse and their peers were about as great as the black-white achievement gap. Moreover, while less than 12 percent of students who had no history of abuse were in special education, the special education rate was 19 percent for students who had been involved in a child welfare investigation, and 21 percent for those whose investigation confirmed abuse or neglect.

While the study looked only at Michigan, it is in line with other studies that suggest about 20 percent of children experience this sort of trauma. And as the Every Student Succeeds Act requires states to track the educational progress of vulnerable students like those in foster care, more states may begin to look at the rates of abused children in their own districts.

Elizabeth Dabney, the director of research and policy analysis for the Data Quality Campaign, said that as of 2014-when the group last surveyed-at least half of states had the capability to link data from public education and child welfare agencies to look more closely at how abuse and neglect affect children's academic trajectories.

Ryan, an associate professor of social work and co-director of the University of Michigan's Child and Adolescent Data Lab, said the results may make policymakers and educators rethink the structure of initiatives such as retaining students who cannot read proficiently by the end of grade 3. Falling behind may be a warning sign that these students need counseling or other emotional support, not just academic enrichment.
Image Source: Getty Related:
Want more research news? Get the latest studies and join the conversation. Follow @SarahDSparks

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Principals: More of Your Students Might Be Abused or Neglected Than You Think

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Quick quiz: How many students in a given elementary school walk into their 3rd-grade achievement tests with a history of abuse or neglect? One in 10? One in 5? One in two?

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Voice of San Diego
What Happens When Educators Fail to Report Child Abuse

Summary

The state mandated-reporting requirement has become more of a suggestion than a legal obligation.

State law requires school districts to train teachers on what they need to know to identify child abuse, their responsibilities as mandated reporters and the consequences of ignoring signs of child neglect or abuse.

Educators don’t have to determine whether their suspicions or allegations are valid, but are required to report

If  child abuse or neglect is reasonably suspected or if a student shares information with a mandated reporter leading them to believe abuse or neglect has taken place, educators must make a report

An educator or other mandated reporter does not have to be physically present at the time of the abuse, witness the abuse, or have definite proof that a child has been abused

Educators who fail to report suspected child abuse can face a misdemeanor resulting in up to six months in jail, a fine up to $1,000, or both.

Mandated reporters cannot be held civilly or criminally for making a report. However, it is a crime not to report.

Jimenez, K. (2019, May 1). What Happens When Educators Fail to Report Child Abuse. Voice of San Diego.  https://www.voiceofsandiego.org/topics/education/what-happens-when-educators-fail-to-report-child-abuse-hint-not-much/

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Sweetwater Union High School District officials received an email with detailed information about ongoing sexual abuse of a student by a teacher, but did nothing. La Jolla High School officials believed a teacher's touching of a student rose to the level of criminal behavior, but don't appear to have called in Child Protective Services or San Diego police.

In those cases and others we've uncovered as part of our ongoing investigation into sexual misconduct in public schools, educators and school officials who are required by state law to report potential abuse of children to police or child welfare authorities didn't fulfill those obligations.

Yet, it turns out, not much happens to mandated reporters who don't report.

In San Diego and many regions across the state, there have been virtually no prosecutions of failure-to-report cases within the last two decades. That means the state mandated-reporting requirement has become more of a suggestion than a legal obligation.

We put together this FAQ to explain the requirements of the law and how it's playing out in schools across San Diego County.

Who is a mandated reporter in schools?

Classified school employees, administrators, teachers and aides, athletic coaches and other public school-employed supervisors are mandated reporters of suspected child abuse on school campuses.

That means if an employee suspects a child has been harmed, state law requires that person to report the suspected abuse to local law enforcement or Child Welfare Services through its Child Abuse Hotline, regardless of whether there's concrete evidence that a crime took place. These reporters can also submit a mail-in form to that department within 36 hours of their knowledge.

Parents and guardians of school children have the right to file a complaint against anyone they suspect has engaged in abuse or neglect of a child and community members are not required to provide their name when making a report, according to the California Department of Education.

What type of training do mandated reporters receive?

California schools require employees to complete mandated child abuse reporter training prior to working with school children.

State law requires school districts to train teachers on what they need to know to identify child abuse, their responsibilities as mandated reporters and the consequences of ignoring signs of child neglect or abuse, according to the California Department of Education's child abuse reporting guidelines.

In San Diego, a majority of public school districts - 34 of the 42-and more than one dozen charter schools use the same online training program through the San Diego County Risk Management Joint Powers Authority, said Music Watson, a spokeswoman for the San Diego County Office of Education.

"Among school districts more generally, each district keeps their own records on mandated reporter training," Watson said. "Those that don't use the JPA training are either doing in-house training or using an outside trainer."

These required trainings provide educators with ways to identify any signs of child abuse - including physical, sexual or emotional abuse and neglect and emphasize that educators don't have to determine whether their suspicions or allegations passed along to them are valid, but are required to report if "child abuse or neglect is reasonably suspected or if a pupil shares information with a mandated reporter leading him/her to believe abuse or neglect has taken place."

What are the signs of child abuse that school workers are required to report?

The California Department of Education's Child Abuse and Reporting Guidelines outline four different categories of child abuse that must be reported by mandated reporters across the state: physical abuse, emotional abuse, sexual abuse and neglect.

The department's guidelines say "red flags for abuse and neglect are often identified by observing a child's behavior at school, recognizing physical signs and observations of dynamics during routine interactions with certain adults."

Behavioral signs that a student might be a victim of abuse could include a talkative student who suddenly becomes quiet and withdrawn, a student who seems on alert, as if waiting for something bad to happen, a student who shies away from touch, flinches at sudden movements or seems afraid to go home.

Physical signs of abuse can include suspicious bruises, injuries that appear to have a pattern, such as from a hand or belt, or students wearing clothing intended to cover up injuries, according to the Department of Education.

Signs of emotional abuse and neglect can include extremes in behavior, excessive withdrawal, fear or anxiety, unattachment from a parent or caregiver, acting inappropriately adult-like (taking care of other children) or inappropriately infantile, dirty or ill-fitting clothes, consistent bad hygiene, untreated illnesses of physical injuries, frequent lack of supervision or if the student is left alone in unsafe situations or environments or is frequently late or missing from school.

In identifying sexual abuse, educators are advised to look for signs in trouble walking or sitting, displaying knowledge or interest in sexual acts inappropriate to one's age, making strong efforts to avoid a specific person without obvious reason, not wanting to change clothes in front of other or participate in physical activities, and identified STD or pregnancy of a student, especially under the age of 14 or if a student runs away from home.

An educator or other mandated reporter does not have to be physically present at the time of the abuse, witness the abuse or have definite proof that a child has been abused.

Under the law, a reporter must relay "reasonable suspicion" that a child has been harmed, meaning "that it is reasonable for a person to entertain a suspicion of child abuse or neglect, based upon facts that could cause a reasonable person, in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect," according to the CDE's guidelines.

What agencies are school district staff and administrators required to report to?

Teachers and other school employees are legally required to report suspected emotional or physical abuse to a local police or sheriff's department or county welfare department, such as Child Welfare Services. In other counties across the state, a county probation department may also accept reports. Reports to school police do not meet the mandated reporting requirement.

Lilian Nguyen, a spokesperson for the San Diego Health and Human Services Agency, said social workers at Child Welfare Services do not typically screen the person who's reporting suspected abuse.

Nguyen said trained social workers ask reporters "a whole lot of questions," including the child's demographics, who the child lives with at home, other adults who can care for the child, what category of abuse the harm against the child may fall under and whether there are any other concerns of sexual, physical or emotional abuse.

The answers to those questions determines whether the described abuse requires an in-person investigation, Nguyen said. Those cases are assigned accordingly, and cross-reported to law enforcement to review and determine a proper response time.

Then, Nguyen said, "it falls on child welfare to do the screening," but social workers may follow up with the reporting party before starting an investigation to ask if any new information has arisen. "A lot of the time we get additional or new information when we follow up with reporters," Nguyen said.

Child Welfare Services is required to cross-report with law enforcement, and vice-versa.

What happens when mandated reporters fail to report?

Educators who fail to report suspected child abuse can face a misdemeanor resulting in up to six months in jail, a fine up to $1,000 or both.

Yet since at least 2002, San Diego County has not prosecuted any failure-to-report cases. San Diego District Attorney Summer Stephan said neither her office nor the city attorney's office has ever received a complaint of a mandated reporter failing to report child abuse.

On that front, San Diego is not alone. Los Angeles, Orange, San Bernardino and Riverside counties prosecuted fewer than a dozen cases of failures to report suspected abuse between 2012 to 2017, according to the San Bernardino Sun. The Santa Clara County district attorney's office told VOSD it received 17 complaints of failure-to-mandate cases since 2002, but prosecuted just one principal at an elementary school who failed to act on knowledge.

What is San Diego County doing to make sure the law is followed?

Stephan said that though she's never prosecuted anyone for failing to report abuse, she is open to doing so if a complaint is made to her office and there's enough evidence to support a prosecution.

She said anyone with information on mandated reporters failing to report abuse should contact her office - even if they don't have evidence to offer, because those educators accused of failing to report child abuse will be kept in a database that can be referenced if there is a repeated offense.

Stephan said the law on mandated reporting includes several loopholes that allow for innocent explanations as to why something wasn't reported, and her team is exploring whether there is a need to strengthen the law through state legislation.

Stephan said her office distributed pamphlets to all San Diego County school districts to increase awareness of the mandated reporting law prior to the 2018-2019 school year.

"Mandated reporters cannot be held civilly or criminally for making a report," those pamphlets read. "However, it is a crime not to report."
California's child abuse hotline is (800) 344-6000. San Diego County's Health and Human Services Agency child abuse hotline is (858) 560-2191.

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What Happens When Educators Fail to Report Child Abuse (Hint: Not Much) - Voice of San Diego

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In public schools, educators and other employees are required by state law to report potential abuse of children to police or child welfare authorities. Yet, it turns out, not much happens to mandated reporters who don't report. We put together this FAQ to explain the requirements of the law and how it's playing out in schools across San Diego County.

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Administrative Law
Texas Family Code § 261.106

https://texas.public.law/statutes/tex._fam._code_section_261.106

These reports are made in good faith and without malice and your report will be kept confidential. You are also immune from civil liability and the Open Records Act protects your report so that is not subject to public release. The law provides immunity from civil or criminal liability for innocent people who report suspicions as long as it was made in good faith. A person who reports the person’s own abuse or neglect of a child or who acts in bad faith or with malicious purpose in reporting alleged child abuse or neglect is not immune from civil or criminal liability.

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Statutory Law
P.L. 115-424

https://www.govinfo.gov/content/pkg/COMPS-805/pdf/COMPS-805.pdf

The federal Child Abuse Prevention and Treatment Act (CAPTA) provides funding to states to address child abuse and neglect. CAPTA also provides community-based grants for the prevention of child abuse or neglect.
CAPTA also provides federal funding to states in support of assessment, investigation, prosecution, and treatment activities. CAPTA also provides grants to public agencies and nonprofit organizations.

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Judicial Law

Ohio v. Clark 135 S. Ct. 2173 (2015)

https://www.supremecourt.gov/opinions/14pdf/13-1352_ed9l.pdf

Two preschool teachers asked a three-year-old boy how he had gotten his bruises and identified the individual as his mother's boyfriend. In the criminal trial, the child did not testify. The child's statements to his teachers were not testimonial. The teachers were trying to determine if the child was in danger and in need of immediate action to protect the child. A law mandating the report of suspected child abuse to government authorities does not convert the conversation between the child and mandated reporter into an interview that has a primary purpose of obtaining evidence for criminal prosecution.

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Constitutional Law
U.S. Const. amend. 14

https://www.ourdocuments.gov/doc.php?flash=false&doc=43

Constitutional law oversees all other forms of law for example statutory and administrative law. The reason for this is because the constitution is the most fundamental form of law. The constitutional law is the most important of all sources of law and laws must be drawn from the constitutional law and must abided by. The 14th amendment guarantees all citizens equal protection of the laws. Guaranteeing some of the most fundamental rights and liberties we have.

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10 Padlet Slide #10 Local Administrative Law/Policy/Rule:

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10 Padlet Slide #10 Local Administrative Law/Policy/Rule:

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Cypress Fairbanks Independent School District
PROCEDURES RELATING TO REPORTING CHILD ABUSE/NEGLECT

All employees are required by state law to report any suspected child abuse or neglect to a law enforcement agency, Child Protective Services, or appropriate state agency (e.g., state agency operating, licensing, certifying, or registering a facility) within 48 hours of the event that led to the suspicion.

Abuse is defined by Title 5 of the Texas Family Code, Chapter 261.001, and includes the following acts or omissions:
1. mental or emotional injury to a student or minor that results in an observable and material impairment in the student’s or minor’s development, learning, or psychological functions;
2. causing or permitting a student or minor to be in a situation in which the student or minor sustains a mental or emotional injury that results in an observable and material impairment in the student’s or minor’s development, learning, or psychological functioning;
3. physical injury that results in substantial harm to a student or minor, or the genuine threat of substantial harm from physical injury to the student or minor, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline; or
4. sexual conduct harmful to a student’s or minor’s mental, emotional, or physical welfare.

Reports to Child Protective Services can be made to any law enforcement agency or to the Texas Abuse Hotline (800-252-5400). State law specifies that an employee may not delegate to or rely on another person to make the report.

Cypress Fairbanks Independent School District states the district policy for reporting child abuse and neglect suspicion in their employee handbook. At the beginning of every school year, all employees are required to sign an agreement that they have read the Employee Handbook and must abide by the standards, policies, and procedures.

Cypress- Fairbanks Independent School District. (2019-2020). Employee Handbook. https://www.cfisd.net/download_file/view/10625/1555

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2014 Code of Ethics - American Counseling Association

B.1.d. Explanation of Limitations At initiation and throughout the counseling process, counselors inform clients of the limitations of confidentiality and seek to identify situations in which confidentiality must be breached.

This code is connected to the topic because students begin to form a trusting relationship with the counselor. Often students will only share information if you promise them that you will not share that information with anyone else. Many times for a counselor you have to break the promise and trust built with the student in order to keep them safe and from harm's way. We have to inform clients about the limitations of confidentiality regarding in what situations information must be disclosed and discuss if and how information may be shared with others.

American Counseling Association. (2014). ACA code of ethics.
https://www.counseling.org/resources/aca-code-of-ethics.pdf

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Help Guide
Child Abuse and Neglect

This website is helpful because it helps you identify the warning signs of child abuse and neglect. Most importantly learning how to identify the signs and how to make a huge difference in the life of a child. This website help you learn about the myths, facts, and effects of child abuse and neglect.

Melinda, S. (2019, June). Child Abuse and Neglect.
https://www.helpguide.org/articles/abuse/child-abuse-and-neglect.htm

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What is child abuse and neglect?

Child abuse isn't just about black eyes. While physical abuse is shocking due to the marks it leaves, not all signs of child abuse are as obvious. Ignoring a child's needs, putting them in unsupervised, dangerous situations, exposing them to sexual situations, or making them feel worthless or stupid are also forms of child abuse and neglect-and they can leave deep, lasting scars on kids.

Regardless of the type of abuse, the result is serious emotional harm. But there is help available. If you suspect a child is suffering from abuse or neglect, it's important to speak out. By catching the problem as early as possible, both the child and the abuser can get the help they need.

To start, it's important to separate the myths from the facts about child abuse and neglect:

Myths and facts about child abuse and neglect

Effects of child abuse and neglect

All types of abuse and neglect leave lasting scars. Some of these scars might be physical, but emotional scarring has long lasting effects throughout life, damaging a child's sense of self, their future relationships, and ability to function at home, work and school.

The effects of abuse and neglect on a child include:

Lack of trust and relationship difficulties. If you can't trust your parents, who can you trust? Without this base, it is very difficult to learn to trust people or know who is trustworthy. This can lead to difficulty maintaining relationships in adulthood. It can also lead to unhealthy relationships because the adult doesn't know what a good relationship is.

Core feelings of being "worthless." If you've been told over and over again as a child that you are stupid or no good, it is very difficult to overcome these core feelings. As they grow up, abused kids may neglect their education or settle for low-paying jobs because they don't believe they are worth more. Sexual abuse survivors, with the stigma and shame surrounding the abuse, often struggle with a feeling of being damaged.

Trouble regulating emotions. Abused children cannot express emotions safely. As a result, the emotions get stuffed down, coming out in unexpected ways. Adult survivors of child abuse can struggle with unexplained anxiety, depression, or anger. They may turn to alcohol or drugs to numb out the painful feelings.

Recognizing the different types of child abuse

Abusive behavior comes in many forms, but the common denominator is the emotional effect on the child. Whether the abuse is a slap, a harsh comment, stony silence, or not knowing if there will be dinner on the table, the end result is a child that feels unsafe, uncared for, and alone.

Emotional abuse

Contrary to some people's beliefs, words can hurt and emotional abuse can severely damage a child's mental health or social development. Examples of emotional abuse include:

Constant belittling, shaming, and humiliating.

Calling names and making negative comparisons to others.

Telling a child they're "no good," "worthless," "bad," or "a mistake."

Frequent yelling, threatening, or bullying.

Ignoring or rejecting a child as punishment, giving them the silent treatment.

Limiting physical contact with a child-no hugs, kisses, or other signs of affection.

Exposing a child to violence against others, whether it is against the other parent, a sibling, or even a pet.

Child neglect

Neglect-a very common type of child abuse-is a pattern of failing to provide for a child's basic needs, which include adequate food, clothing, hygiene, or supervision.

Child neglect is not always easy to spot. Sometimes, a parent might become physically or mentally unable to care for a child, such as in cases of serious illness or injury, or untreated depression or anxiety. Other times, alcohol or drug abuse may seriously impair judgment and the ability to keep a child safe.
[Read: Alcoholism and Alcohol Abuse]
Physical abuse

This involves physical harm or injury to the child. It may be the result of a deliberate attempt to hurt the child or excessive physical punishment. Many physically abusive parents insist that their actions are simply forms of discipline-ways to make children learn to behave. But there is a big difference between using physical punishment to discipline and physical abuse.

With physical abuse, the following elements are present:

Unpredictability. The child never knows what is going to set the parent off. There are no clear boundaries or rules. The child is constantly walking on eggshells, never sure what behavior will trigger a physical assault.

Lashing out in anger. Abusive parents act out of anger and the desire to assert control, not the motivation to lovingly teach the child. The angrier the parent, the more intense the abuse.

Using fear to control behavior. Abusive parents may believe that their children need to fear them in order to behave, so they use physical abuse to "keep their child in line." However, what children are really learning is how to avoid being hit, not how to behave or grow as individuals.

Sexual abuse

Child sexual abuse is an especially complicated form of abuse because of its layers of guilt and shame. It's important to recognize that sexual abuse doesn't always involve body contact. Exposing a child to sexual situations or material is sexually abusive, whether or not touching is involved.
[Read: Recovering from Rape and Sexual Trauma]

Sexually abused children are often tormented by shame and guilt. They may feel that they are responsible for the abuse or somehow brought it upon themselves. This can lead to self-loathing and sexual and relationship problems as they grow older.

The shame of sexual abuse makes it very difficult for children to come forward. They may worry that others won't believe them, will be angry with them, or that it will split their family apart. Because of these difficulties, false accusations of sexual abuse are not common, so if a child confides in you, take them seriously.

Warning signs of child abuse and neglect

The warning signs that a child is being abused or neglected can vary according to the type of abuse inflicted.

Warning signs of emotional abuse

The child may:

Be excessively withdrawn, fearful, or anxious about doing something wrong.

Show extremes in behavior (extremely compliant, demanding, passive, aggressive).

Not seem to be attached to the parent or caregiver.

Act either inappropriately adult (taking care of other children) or inappropriately infantile (thumb-sucking, throwing tantrums).

Warning signs of physical abuse

The child may:

Have frequent injuries or unexplained bruises, welts, or cuts. Their injuries may appear to have a pattern such as marks from a hand or belt.

Be always watchful and "on alert," as if waiting for something bad to happen.

Shy away from touch, flinch at sudden movements, or seem afraid to go home.

Wear inappropriate clothing to cover up injuries, such as long-sleeved shirts on hot days.

Warning signs of child neglect

The child may:

Wear ill-fitting, filthy, or inappropriate clothing for the weather.

Have consistently bad hygiene (unbathed, matted and unwashed hair, noticeable body odor).

Have untreated illnesses and physical injuries.

Be frequently unsupervised or left alone or allowed to play in unsafe situations.

Be frequently late or missing from school.

Warning signs of sexual abuse in children

The child may:

Have trouble walking or sitting.

Display knowledge of sexual acts inappropriate for their age, or even exhibit seductive behavior.

Make strong efforts to avoid a specific person, without an obvious reason.

Not want to change clothes in front of others or participate in physical activities.

Have an STD or pregnancy, especially if they're under the age of 14.

Try to run away from home.

Risk factors for child abuse and neglect

While abuse and neglect occurs in all types of families, children are at a much greater risk in certain situations.

Domestic violence. Even if the abused parent does their best to protect their children, domestic violence is still extremely damaging. Getting out is the best way to help your children.
[Read: Domestic Violence and Abuse]
Alcohol and drug abuse. Parents who are drunk or high may be unable to care for their children, make good parenting decisions, or control often-dangerous impulses. Substance abuse can also lead to physical abuse.

Untreated mental illness. Parents who are suffering from depression, an anxiety disorder, bipolar disorder, or another mental illness may have trouble taking care of themselves, much less their children. A mentally ill or traumatized parent may be distant and withdrawn from their children, or quick to anger without understanding why. Treatment for the caregiver means better care for the children.

Lack of parenting skills. Some caregivers never learned the skills necessary for good parenting. Teen parents, for example, might have unrealistic expectations about how much care babies and small children need. Or parents who were themselves victims of child abuse may only know how to raise their children the way they were raised. Parenting classes, therapy, and caregiver support groups are great resources for learning better parenting skills.

Stress and lack of support. Parenting can be a very time-intensive, stressful job, especially if you're raising children without support from family and friends, or you're dealing with relationship problems or financial difficulties. Caring for a child with a disability, special needs, or difficult behaviors is also a challenge. It's important to get the support you need, so you are emotionally and physically able to support your child.

Recognizing abusive behavior in yourself

Raising children is one of life's greatest challenges and can trigger anger and frustration in the most even-tempered parent or guardian. If you grew up in a household where screaming and shouting or violence was the norm, you may not know any other way to raise your kids.

Recognizing that you have a problem is the biggest step to getting help. The following are warning signs that you may be crossing the line into abuse:

You can't stop your anger. What starts as a swat on the backside may turn into multiple hits getting harder and harder. You may shake your child more and more and finally throw them down. You find yourself screaming louder and louder and can't stop yourself.
[Read: Anger Management]
You feel emotionally disconnected from your child. You may feel so overwhelmed that you don't want anything to do with your child. You just want to be left alone and for your child to be quiet.

Meeting the daily needs of your child seems impossible. While everyone struggles with balancing dressing, feeding, and getting kids to school or other activities, if you continually can't manage to do it, it's a sign that something might be wrong.

Other people have expressed concern. It may be easy to bristle at other people expressing concern. However, consider carefully what they have to say. Are the words coming from someone you normally respect and trust?

Breaking the cycle of abuse

If you have a history of child abuse, having your own children can trigger strong memories and feelings that you may have repressed. You may be shocked and overwhelmed by your anger, and feel like you can't control it. But you can learn new ways to manage your emotions and break your old patterns.

Remember, you are the most important person in your child's world - and you don't have to go it alone. Help and support are available:

Learn what is age appropriate and what is not. Having realistic expectations of what children can handle at certain ages will help you avoid frustration and anger at normal child behavior. For example, newborns are not going to sleep through the night without a peep, and toddlers are not going to be able to sit quietly for extended periods of time.

Develop new parenting skills. Start by learning appropriate discipline techniques and how to set clear boundaries for your children. Parenting classes, books, and seminars offer this information. You can also turn to other parents for tips and advice.

Take care of yourself. If you are not getting enough rest and support or you're feeling overwhelmed, you are much more likely to succumb to anger. Sleep deprivation, common in parents of young children, adds to moodiness and irritability-exactly what you are trying to avoid.

Learn to control your emotions. If you were abused or neglected as a child, you may have an especially difficult time getting in touch with your range of emotions. You may have had to deny or repress them as a child, and now they spill out without your control. HelpGuide's free Emotional Intelligence Toolkit can help.

Get professional help. Breaking the cycle of abuse can be very difficult if the patterns are strongly entrenched. If you can't seem to stop yourself no matter how hard you try, it's time to get help, whether in the form of therapy, parenting classes, or other interventions. Your children will thank you for it.

How to help an abused or neglected child

What should you do if you suspect that a child is being abused? Or if a child confides in you? It's normal to feel a little overwhelmed and confused. Child abuse is a difficult subject that can be hard to accept and even harder to talk about-for both you and the child. When talking with an abused child, the best way to encourage them is to show calm reassurance and unconditional support. If you're having trouble finding the words, let your actions speak for you.

Avoid denial and remain calm. A common reaction to news as unpleasant and shocking as child abuse is denial. However, if you display denial to a child, or show shock or disgust at what they are saying, the child may be afraid to continue and will shut down. As hard as it may be, remain as calm and reassuring as you can.

Don't interrogate. Let the child explain to you in their own words what happened, but don't interrogate the child or ask leading questions. This may confuse and fluster the child and make it harder for them to continue their story.

Reassure the child that they did nothing wrong. It takes a lot for a child to come forward about abuse. Reassure them that you take what they said seriously, and that it is not their fault.

Safety comes first. If you feel that your safety or the safety of the child would be threatened if you tried to intervene, leave it to the professionals. You may be able to provide more support later.

Reporting child abuse or neglect

If you suspect that a child is undergoing abuse, it's critical to report it-and to continue reporting each separate incidence if it continues to recur. Each report you make is a snapshot of what's going on in the family. The more information you can provide, the better the chance of the child getting the help they deserve. Of course, it's normal to have some reservations or worries about reporting child abuse.

Overcoming worries about reporting child abuse or neglect

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Do you know what the warning signs of child abuse are? Learn how to recognize, prevent and report child abuse.

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All educational staff/personal is required to report any suspicion of child abuse and neglect

Follow the ASCA Ethical Standards which states that counselors must report if they suspect there is abuse or neglect happening

There are laws that protect the individual that is reporting and there can be harsh reprimands if it is not reported.

When CPS comes to campus we have to legally check their status and work IDs to ensure no foul play. This includes calling a special number or state database and getting a copy of the social worker's ID.

Court cases could potentially impact the decisions counselors make at work. However, it is important that we first uphold the written laws and always seek for guidance through the ASCA National Model.

State law requires school districts to train teachers on what they need to know to identify child abuse, their responsibilities as mandated reporters and the consequences of ignoring signs of child neglect or abuse

Educators don’t have to determine whether their suspicions or allegations are valid, but are required to report if child abuse or neglect is reasonably suspected or if a student shares information with a mandated reporter leading them to believe abuse or neglect has taken place

An educator or mandated reporter does not have to be physically present at the time of the abuse, witness the abuse, or have definite proof that a child has been abused.

Educators who fail to report suspected child abuse can face a misdemeanor resulting in up to six months in jail, a fine up to $1,000, or both.

Mandated reporters cannot be held civilly or criminally for making a report. However, it is a crime not to report.