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2 Tex. Ed. Code § 26.006 (2021).

5 Tex. Fam. Code § 261.101 (2021).

18 U.S. Code § 3283 (2006).

20 U.S. Code § 1232h-i (1994).

34 U.S. Code § 20341 b.4 (2020).

American School Counselor Association. (2022). American school counselor association ethical standards for school counselors.  American School Counselor Association.  EthicalStandards.pdf (schoolcounselor.org)

Campbell v. Burton, 92 Ohio St.3d 336, 2001-Ohio-206.

Centers for Disease Control and Prevention. (2022, April 6). Risk and protective factors.  Centers for Disease Control and Prevention.  Risk and Protective Factors|Child Abuse and Neglect|Violence Prevention|Injury Center|CDC

Frenship ISD. (2023, January 5). Board policy manual. Frenship ISD. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=834&code=FFG#legalTabContent

Ohio Education Association. (n.d.). Teachers and children’s services investigations. Ohio Education Association. https://www.ohea.org/resources/professional-resources/teachers-and-childrens-services-investigations/#:~:text=Burton%2C%20decided%20on%20July%2025 %2C%202001%2C%20the%20Ohio,sovereign%20immunity%20for%20the%20teacher%20and%20school%20district.

Stone, C. (2022, January 1). Legal & ethical: Collaborating with stakeholders: Cautionary tales from the courts.

American School Counselor Association. https://www.schoolcounselor.org/Magazines/January-February-2022/Collaborating-with-Stakeholders-Cautionary-Tales-f

Texas Education Agency. (2023).
Educator discipline-FAQs, Texas Education Agency. https://tea.texas.gov/texas-educators/investigations/educator-discipline-faqs

Texas State Teachers Association. (2013, August 13). Reporting child abuse.  Texas State Teachers Association. https://tsta.org/for_members/reporting-child-abuse/

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1.  Attend bi-annual child abuse professional development sessions.
2.  Attend professional development sessions that educate teachers on identifying child abuse, neglect, and sex trafficking.
3.  Know the signs and risks of abuse, neglect, and sex trafficking.
4.  Develop relationships with students, their trust will help open conversations.
5.  Do NOT hesitate, make the report ASAP.
6.  Make referrals for outside assistance or support.

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This activity has served to show me how children are protected, not only by the Texas Department of Family and Protective Services, but also by the federal and local governing bodies. I have always understood the expectation, and have made the call many times, but did not realize the depth of the laws.  The more that I have researched, I see that there are an abundance of legalities tied to child abuse reporting or the failure to report. As a school counselor, I believe that it is important to explain to teachers why timely reports must be made by the individual with the suspicion that a child is suffering from abuse or neglect.

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American School Counselor Association Ethical Standards for School Counselors

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American School Counselor Association Ethical Standards for School Counselors

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A. 12
"Know current state laws and the school system’s procedures for reporting child abuse and neglect and methods to advocate for students’ physical and emotional safety following abuse/neglect reports (American School Counselor Association, 2022).

EthicalStandards.pdf (schoolcounselor.org)

This activity has not only made me aware of the laws, but give a thorough explanation of the expectations set by the federal, state, and local governments. Additionally, ASCA standards are a direct connection to the laws developed to protect children.

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1. Identify risk factors for victimization
a. children under 4 years old
b. children with special needs

2. Perpetrator risk factors
a. drug & alcohol abuse
b. mental health issues
c.  those who do not understand children's needs
d.  those with a family history of abuse and/or neglect
e.  young parents or caregivers
f.  low socioeconomic status
g. high stress individuals

3.  Identify family risk factors
a. those with family who have served jail time
b. those who are isolated without support systems
c. those who experience frequent violence
d. those who have high conflict and ineffective communication strategies (Centers for Disease Control and Prevention, 2022).

Risk and Protective Factors|Child Abuse and Neglect|Violence Prevention|Injury Center|CDC

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According to Frenship ISD Board Policy, “Any person who has reasonable cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as required by law. Family Code 261.101(a)” (Frenship ISD, 2023). By stating the policy in the Board Policy Manual, there is no question about the expectation the district has for district employees. Furthermore, it is reiterated in district required training at the beginning of each new school year.

Policy Code FFG – Student Welfare: Child Abuse and Neglect – Frenship ISD Board Policy Manual - Policy Online (tasb.org)

1.  Establish methods of raising awareness of abuse and neglect among students, staff, and parents.

2. Define the actions to be taken in the event of maltreatment of a student.

3. Provide counseling options for victims.

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Through the Texas Family Code, teachers and other school staff are mandated child abuse reporters and must make the report within 48 hours (5 Tex. Ed. Code § 261.101, 2021).

Texas Family Code Section 261.101 - Persons Required to Report; Time to Report (public.law)

1. A person who believes that a child's physical health, mental health, or welfare is in danger will immediately report to the Texas Department of Family & Protective Services;

2. A professional who suspects that a child's physical health, mental health, or welfare is in danger will make a report withing 48 hours of the initial suspicion;

3. There is no exception to professionals with typical  confidential information, they must also make a report within 48 hours of initial suspicion;

4.  The identity of the person making the report will be kept confidential unless law enforcement must complete an investigation (5 Tex. Ed. Code § 261.101, 2021).

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Campbell v. Burton (July 25, 2001): Ohio Supreme Court decided that a teacher and the school district could be sued for failure to report suspected child abuse. This removed the sovereign immunity law that previously protected teachers and districts rs from being sued for failure to report.

Campbell v. Burton (ohio.gov)

1. Within the meaning of R.C. 2744.02(B)(5) and 2744.03(A)(6)(c), R.C. 2151.421 expressly imposes liability for failure to perform the duty to report known or suspected child abuse.

2. Pursuant to R.C. 2744.02(B)(5), a political subdivision may be held liable for failure to perform a duty expressly imposed by R.C. 2151.421.

3. Pursuant to R.C. 2744.03(A)(6)(c), an employee of a political subdivision may be held liable for failure to perform a duty expressly imposed by R.C. 2151.421.

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18 U.S. Code § 3283 - Offenses against children: Statute of limitations extends through 10 years after the offense or the death of the child.
18 U.S. Code § 3283 - Offenses against children | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)

5 Tex. Fam. Code § 261.101 (2021). A professional with reasonable cause must report suspicion of child abuse that has adversely impacted the child within 48 hours of suspicion. Failure to report is a Class B misdemeanor punishable by jail time and/or a fine up to $2,000.
Texas Family Code Section 261.101 - Persons Required to Report; Time to Report (public.law)

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34 U.S. Code § 20341 b.4 - Child abuse reporting: Professionals on all federal lands and institutions, including teachers and school staff, must report incidents of child abuse, mental, physical, emotional, and/or sexual as soon as they have reason to suspect the abuse.

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Texas Family Code § 261.101(b) Investigation of Report of Child Abuse or Neglect: Within 48 hours of the suspicion of child abuse or neglect, school personnel are required to make a report and may not delegate or rely upon other school personnel to do so.

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As a professional school counselor, teacher, or school employee, making a report of child abuse is no easy task. There are many emotions connected to making a report that may include sadness for the child’s situation, concern that the child may receive further abuse when the parents are contacted, or fear that as the reporting adult you may be contacted and questioned by the parent or guardian. By making a report, investigators are able to determine the risk the child is under and move to make decisions in the child’s best interest. Even if there is no immediate change, the report and its resulting investigation become documentation that may be necessary for the safety of the child.

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The U.S. Constitution established code 34 U.S. Code § 20341 b.4 that requires all professionals on federal lands, including schools, to report suspicion of child abuse upon learning of emotional, psychological, physical, or sexual abuse or neglect. Failure to report may result in a fine and/or punishment of up to 6 months in federal prison.

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The Texas Family Code 261.101 (b) established by the Texas Legislature sets the expectation that a school staff member who has any suspicion of a child being abused or neglected must file report with the Texas Department of Family and Protective Services within 48 hours.  If it is discovered that a report is not made, then the Texas judicial system has deemed the failure to report as a Class B Misdemeanor with the punishment of up to 6 months jail time and/or up to a $2,000 fine e (Texas State Teachers Association, 2013).  Additionally, the Texas Education Agency will also launch an investigation that may potentially lead to the suspension of a teaching certificate Texas Education Agency, 2022).

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As a school counselor, one of my goals is to ensure the safety and security of FMS students.  The purpose of this online Child Abuse Reporting document is to serve as a second semester refresher for all school staff.