Reporting Suspected Child Abuse by Lisa Giddings https://padlet.com/lgiddings3/68k8n570xb1h4au8 Legal and Ethical Guide - Lisa Giddings en-us 2023-06-29 17:55:04 UTC 2023-07-17 17:22:44 UTC hello@padlet.com Slide #6 Statutory Law - Duty to Report Suspected Child Abuse lgiddings3 https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2635314805
  • Duty to Report Suspected Child Abuse (2021,  42 U.S.C. § 13031.Duty to Report
  • Statutory Law
  • https://uscode.house.gov/view.xhtml?req=granuleid:USC-2000-title42-section13031&num=0&edition=2000#:~:text=A%20person%20who%2C%20while%20engaged,possible%20make%20a%20report%20of
  • all professionals who suspect child abuse while a part of professions or activities occurring on federal land or in federal facilities is obligated to report that abuse, despite where the victim resides.
  •  professionals working in education who are required to report suspected abuse include teachers, teacher's aides or assistants, school counselors and guidance personnel, school officials, and school administrators.
  • a standard report form shall be available to all reporters, but not in lieu of oral or telephonically, etc communication.
    • ]]>     2023-06-29 17:55:36 UTC https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2635314805     Slide #7 Statutory Law lgiddings3 https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2635315256
  • Texas Family Code §261.001. (2021, September 1) Title 5: The parent-child relationship and the suit affecting the parent-child relationship. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm
  • Statutory Law
  • https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm
  • an individual responsible for a child's care, custody, or welfare must make a report to CPS, the proper law enforcement, or a state agency 
  • The report must occur within 48 hours of the circumstances that led to the suspicion
  • “individuals responsible” is further defined in the code as to include school personnel

    • ]]>     2023-06-29 17:57:05 UTC https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2635315256     Slide #8 Administrative Law: Reporting Child Abuse or Neglect, Including Trafficking of a Child, 19 Tex. Admin. Code § 61.1051 lgiddings3 https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2635315359
  • Reporting Child Abuse or Neglect, Including Trafficking of a Child, 19 Tex. Admin. Code § 61.1051
  • Administrative Law
  • https://texreg.sos.state.tx.us/public/readtac%24ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=61&rl=1051
  • every school employee that suspects child abuse must submit a written or oral report to the proper authorities within 48 hours or less, after learning the facts that support the suspicion. 
  • Each school district is required to adopt and implement a policy addressing abuse and provide an informational handbook with the outlined policy available to all school personnel, parents, and students. 
  • Provisions of proper employee training are included within the code as well as the execution of age-appropriate anti-victimization programs.
  • requirement of a report to the Texas Department of Family and Protective Services must be included in the policy if the suspected abuse or neglect involves a person responsible for caring for the child 
  • School personnel must be notified of penalties under Texas Penal Code, §39.06; Texas Family Code, §261.109; and Chapter 249 to include prohibiting interference in an investigation, provisions for immunity and confidentiality, and any disciplinary action due to noncompliance.


    • ]]>     2023-06-29 17:57:24 UTC https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2635315359     Slide #9 Judicial Law: STATE of Washington, Respondent, v. Tanya Desiree JAMES-BUHL lgiddings3 https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2635315440

    • State of Washington, Respondent, v. Tanya Desiree James-BuhlL, No. 48393-9-II(2017)
    • Judicial Law
    • https://casetext.com/case/state-v-james-buhl-
    • The state charged Ms. James-Buhl with failure to follow the mandatory reporting law for not reporting her daughter’s disclosure that her stepfather had sexually abused her. The question, in this case, regarded that although Ms. James-Buhl was a teacher in the district her daughter attended, could she still be held accountable as this was a daughter divulging information to her mother, rather than an employee gaining the information in their employment?
    • Initially, the charges were dismissed as Ms. James-Buhl stated as a parent, she did not have adequate reason to believe the abuse took place. However, upon further review and consideration, the court overruled this initial decision and further proceedings would be initiated.
    • In finality, the court became to the opinion that mandatory duty reporting requires a  connection between occupational duty and the report of abuse by the student. Since no connection between Ms. James-Buhl’s role in employment and the offense could be established, this individual could not be held accountable in these regards. 
     

     
    ]]>     2023-06-29 17:57:38 UTC https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2635315440     Slide # 10- FWISD Policy: Reporting Suspected Child Abuse lgiddings3 https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2635315570
  • Fort Worth ISD. (2022).  Employee Handbook. https://www.fwisd.org/Page/15605
  • Administrative Law
  • https://www.fwisd.org/Page/15605
  • The FWISD Employee Handbook integrates a policy outlining the lawful stipulation of  reporting suspected child abuse, accountability, and provides the details of legal consequences.  FWISD’s Employee Handbook (2022), references Texas Family code §261.001 regarding state law requirements and states “all employees with reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect, as defined by Texas Family Code §261.001, are required by state law to make a report to a law enforcement agency, Child Protective Services (CPS), or appropriate state agency (e.g., state agency operating, licensing, certifying, or registering a facility) within 48 hours (two calendar days) of the event that led to the suspicion (p.41). Concerning consequences, the handbook asserts that an employee who suspects child abuse, but neglects to report the suspicion to the proper organization or authority, could lead to prosecution as a Class A misdemeanor, state jail felony, and possible disciplinary action by SBEC regarding certification for professionals

    • ]]>     2023-06-29 17:57:53 UTC https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2635315570     Slide #1 Professional Prospective/Audience/Topic: lgiddings3 https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581042 As a professional school counselor, recognizing, addressing, and reporting suspected child abuse is essential to the role. Legal and ethical mandates are outlined for all educators, specifically counselors. The provided information in this legal guide is purposed to supply counselors with legal and ethical guidance should a student be identified as a suspected victim of child abuse and subsequent obligations.]]> 2023-07-15 17:00:44 UTC https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581042 Slide #2 Summary of Topic: lgiddings3 https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581143 Recognizing child abuse and its implications on a student’s academic, social, and emotional well-being greatly falls on the shoulders of professional school counselors. In fact, the American School Counselor Association (2022) contends that “it is the school counselor’s legal, ethical, and moral responsibility to report suspected cases of child abuse and neglect to the proper authorities (para 1). Therefore, understanding the legal responsibilities and obligations of one in this position is vital for both the student as well as the individual fulfilling the professional role.

    Transgender students and ensuring their protection and well-being has become a widely growing concern today. This includes safety from abuse and discrimination in the educational setting. According to the American School Counselor Association (2022), “school counselors recognize all students have the right to be treated equally and fairly, with dignity and respect as unique individuals, free from discrimination, harassment, and bullying based on their gender identity and gender expression” (para 1). Advocating for all students and promoting an environment of acceptance and respect is an essential responsibility for school counselors.
    References:
    American School Counselor Association. (2022). The School Counselor and Child Abuse and Neglect Prevention. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Child-Abuse-and-Neglect-P

    American School Counselor Association. (2022). The School Counselor and Transgender and Nonbinary Youth. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Transgender-Gender-noncon
    ]]>     2023-07-15 17:01:36 UTC https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581143     Slide #5 Current News Article lgiddings3 https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581236
    • Thirteen-year-old transgender student, Adalyn is receiving gender-affirming care with her mother’s support. 
    • Governor Greg Abbott ordered state child welfare officials to investigate child abuse reports regarding transgender kids receiving gender-affirming care. The question comes as to what is regarded as child abuse and what is not. 
    • Families with transgender children argue that criminalizing certain forms of care promotes the stigmatization of an already vulnerable category of individuals
    • Adelyn has become frightened of her mother being accused of child abuse due to the order

    Reference:
    Dehy. S. & Harper, K. (2022, February, 28). Transgender Texas kids are terrified after governor orders that parents be investigated for child abuse. The Texas Tribune. https://www.texastribune.org/2022/02/28/texas-transgender-child-abuse/

    ]]>     2023-07-15 17:02:16 UTC https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581236     Slide #4 Current News Article - What Is Child Neglect? lgiddings3 https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581260
  • One of the most common forms of maltreatment of a child is neglect. The Federal Child Abuse Prevention Treatment Act (CAPTA) provides a legal definition for neglect as any action or lack of action that causes imminent risk or harm to a child by a caretaker.
  • The basic categories of neglect include educational, emotional, medical, physical, or inadequate supervision. Common risk factors are outlined as environmental factors such as poverty, family factors such as historically underserved families or domestic violence, parental factors such as young age or unemployment, and the issue of the child having developmental delays.
  • Warning signs of neglect include behavioral concerns, outward signs such as poor hygiene or frequent absences, or the lack of receiving medical care.
    • Reference:
    Morin.A. (2022, January 05). What is child neglect? Verywell Mind. https://www.verywellfamily.com/what-is-child-neglect-4151259




    ]]>     2023-07-15 17:02:26 UTC https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581260     Slide #3 Professional Association: American School Counselor Association lgiddings3 https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581325 The American School Counselor Association contends that the role of a professional school counselor is mandated by public law to report any suspected child abuse to the proper authorities. School counselors play a vital role in recognizing signs of trauma, educating staff in identifying trauma and abuse, and are key players in promoting trauma-sensitive conditions. They work to provide and implement an environment that avoids retraumatizing students that experience child abuse. Therefore, creating a trauma-informed and sensitive campus is essential in aiding students to feel safe.
    Reference:
    American School Counselor Association. (2022). The school counselor and trauma-informed practice. 
    ]]>     2023-07-15 17:02:48 UTC https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581325     Slide #11 Ethical Principle: ASCA Ethical Standards for School Counselors A.12(a) Child Abuse lgiddings3 https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581421 ASCA Ethical Standards for School Counselors A.12(a) Child Abuse 
    American School Counselor Association. (2022). ASCA ethical standards for school counselors.
    https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/Ethi
    calStandards.pdf

    According to the American School Counseling Association (2022), A.12.a, counselors must “report to the proper authorities, as mandated by the state, all suspected cases of child abuse and neglect, recognizing that certainty is not required, only reasonable suspicion”(p.6). This directive in the ethical standards for school counselors clearly outlines the expectation and obligation in reporting suspected child abuse to the proper authorities, in all regards, to ensure the well-being of the child.
    ]]>     2023-07-15 17:03:26 UTC https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581421     Slide #12 Non-Law Source: LINK FOR COUNSELORS - Website offering Publications lgiddings3 https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581472

    Link of Counselors. (2023). The role of school counselors in identifying abuse. https://www.linkforcounselors.com/the-role-of-school-counselors-in-identifying-abuse/

    This website is helpful for gaining information concerning the role of a school counselor in regard to applicable and appropriate topics. This current publication, in particular, provides information on the school counselor’s role in identifying abuse, how to help students that have experienced abuse, and what happens when a report is filed. Additionally, statistics are provided with an outline of types of abuse.


     
    ]]>     2023-07-15 17:03:43 UTC https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581472     Slide #13 Recommendations / Best Practices for Compliance: lgiddings3 https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581546
  • Ensure School District Policies provide detailed definitions/descriptions for abuse/neglect regarding a child
  • Comply with the requirement of reporting the suspected child abuse to the proper authorities
  • Comply with the requirement of reporting the suspected child abuse within 48-hours of disclosure or initiation of concern
  • Provide ample information regarding laws, phone numbers and community resources regarding the reporting of suspected child abuse
  • Ensure ample training is provided to all stakeholders regarding signs of abuse, proper reporting, and lawful obligations 
  • Seek and attend professional developments regarding updated policy, laws, and available resources for the reporting and handling of suspected child abuse 
  • Keep oneself up to date on emerging issues 
  • Provide and establish a safe environment for students to report abuse

    • ]]>     2023-07-15 17:04:14 UTC https://padlet.com/lgiddings3/68k8n570xb1h4au8/wish/2645581546