J Barrow Legal & Ethical School Counselor's Role by Jennifer Barrow https://padlet.com/jbarrow42/85ne6tr2txvj3qf3 en-us 2023-02-12 17:08:57 UTC 2025-10-10 01:36:56 UTC hello@padlet.com Professional Perspective - Reporting Child Abuse jbarrow42 https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477948101 Professional Perspective School counselors must be familiar with laws and how they apply to their field. This knowledge will help them ensure the rights of all students are protected and avoid potential legal issues.

Audience 
  • Reporting child abuse is an issue all school employees face at one time or another. Knowing the legal and ethical requirements will benefit all stakeholders. 

Relevance of the Topic 
  • Having a firm grasp of my role as a school counselor will guide me when working with all stakeholders. 
]]> 2023-02-12 17:12:18 UTC https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477948101 Governing Agency jbarrow42 https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477948223
  • Federal Level - Child Welfare Information Gateway
  • State Level - Texas Department of Family and Protective Services (DFPS) 

    • Summary of What I Learned
    The topic I learned most from this assignment is reporting child abuse. I have made several reports over my time in education, but this assignment has provided information about the process. I also have developed some ideas about sharing with m

    (Children's Bureau, 2023)
    (DFPS - About DFPS, 2023)
    ]]>     2023-02-12 17:12:33 UTC https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477948223     Federal and State Constitutional Laws jbarrow42 https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477948769 Federal Constitutional Law
    Source: 14th Amendment ensures no individual is deprived of life, liberty, property, etc., by due process of law
    In-Text Citation: (U.S. Const. amend. XIV).
    Link to Full Law: https://www.archives.gov/founding-docs/constitution-transcript
    Bulleted List About the Law:
    • Education is not directly addressed in the federal constitution.
    • Does provide due process to all parents and children. 

    State Constitutional Law
    Source: ensures no individual is deprived of life, liberty, property, etc., by due process of law
    In-Text Citation: (Texas Const. art 1. 1, § 19).
    Link to Full Law: https://tlc.texas.gov/docs/legref/TxConst.pdf

    • Provides de process for all parents and children. 
    • Requires all educators to report suspected child abuse.
    ]]>     2023-02-12 17:13:36 UTC https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477948769     Statue and Administrative Laws jbarrow42 https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477949248
    Source of law Texas Family Code Sec. 261.101. PERSONS REQUIRED TO REPORT; TIME TO REPORT.
    In-text Citation (Texas Family Code 261.101, 2021)
    Texas Family Code
    https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm
    Bullets about the law and legal requirements


    Administrative Law
    Texas Education Code
    In-text Citation (19 Tex. Admin. Code §61.1051)
    Full Link: 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

    • Defines child abuse or neglect
    • It talks about preventing maltreatment of children and an educator's obligations. 
    • Requires training of all staff members within a district. 
    • Each Texas school board must adopt a local policy about reporting child abuse that includes all state requirements. 

    ]]>     2023-02-12 17:14:24 UTC https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477949248     Federal Regulation or Mandate jbarrow42 https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477950142
  • The US Constitution does not directly address reporting child abuse.
  • The federal government does have guidelines within US Codes. Under 42 U.S.C. § 13031, the duty to report suspected child abuse.
  • The law provides immunity to individuals who, in good faith, report suspected child abuse and neglect. 
  • It also provides guidelines for uniform reporting processes among all agencies and organizations that receive federal funds. 

    • (Texas Family Code 261.101, 2021)
    Texas Family Code
    https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm





    ]]>     2023-02-12 17:15:46 UTC https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477950142     Common or Case Laws jbarrow42 https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477950278 Summary: 
    • This case concerns a school counselor who did not follow mandatory reporting requirements in Kansas. By not filing this report, the student continued to be abused by an individual who goes against the ethics of school counselors. When the parent learned of the abuse several years after the counselor was told about the abuse is when the case was filed. 
    Precedent:
    • The precedent set was that the classmates who reported the abuse might not trust the authority to protect them. Also, it could be said the school district might have a policy about reporting child abuse, but they only have it to meet legal requirements and choose not to follow the procedure.  
    Impacts my topic: 
    • This type of negligence gives school counselors a poor image. It provides a negative perspective on what counselors are at school for. It also provides a negative impression of the school district and could cause parents to choose to move their students to another section. 

    In-text Citation (Doe v. Unified School District, 2003)

    https://law.justia.com/cases/federal/district-courts/FSupp2/255/1251/2562541/


    ]]>     2023-02-12 17:16:00 UTC https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477950278     Local Administrative Law/Policy/Rule jbarrow42 https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477950806 Brookesmith ISD is the school district I work for, and we have a local policy about student welfare, including child abuse and neglect. This is a state requirement, but our district takes this topic to heart and diligently acts to protect all our students. 
    • All employees are mandatory reporters. 
    • All personnel will receive training on recognizing and reporting child abuse and neglect upon employment. 
    • All personnel will also be expected to report any suspected abuse. 
    • A list of who a report may be made to. 
    • The policy also states consequences of not filing reports when necessary are subject to termination of employment, loss of certification, and possible criminal action. 
    • The responsibilities regarding investigations are also included in the local policy. 

    Brookesmith ISD Local Board Policy
    (Brookesmith ISD, 2023)


    https://pol.tasb.org/PolicyOnline/PolicyDetails?key=238&code=FFG#localTabContent


    ]]>     2023-02-12 17:16:56 UTC https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477950806     3 Risk Management Strategies jbarrow42 https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477951198
  • Contingency Planning 
    1. This is important for all schools and employees. As mandatory reporters, it is vital to have a process in place when it is necessary to report child abuse. Educators are mandatory reporters, but it might be a requirement also to let the school administration know that a report was made.  
    2. (Auditboard, 2021)
  • Risk-Reward Analysis
    1. According to some stakeholders, educators are mandatory reporters; this strategy is doing the right and legal thing even though it might result in a negative outcome. At times education has difficult moments; knowing the reporting of suspected child abuse can harm a student or family. The reward side of this knows the child is safe. 
    2. (Auditboard, 2021)
  • Staff Training
    1. It is important to train all staff members to recognize child abuse. This training should include how to report the suspected abuse and information about how the district will support them. 
    2. (Nelson, 2023)
    • ]]>     2023-02-12 17:17:38 UTC https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477951198     Ethical Principle jbarrow42 https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477951316 Citation for the code of ethics (ASCA, 2023)

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

    American School Counselors Association is an organization that the state organizations and local policies design their school counseling programs after. 
    ]]>     2023-02-12 17:17:52 UTC https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477951316     Personal Connection to Legal and Ethical Standards jbarrow42 https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477951793
  • I have already made several reports of suspected child abuse.
  • As the only School Counselor in my district, I must put the safety of all the students first which includes reporting suspected child abuse no matter who the family is. 
  • Abiding by both federal and state mandatory reporting laws is an obvious aspect of being a school counselor, but it is also just something I feel as an adult I should do. Protecting all children is what I feel I must do without hesitation.

    • ]]>     2023-02-12 17:18:26 UTC https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477951793     Recommendations/Best Practices for Compliance jbarrow42 https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477952333
  • Make necessary reports of abuse to Child Protective Services within 48 hours as required by law.
  • Do not speak to the family about the report. 
  • It is not an educator's job to investigate suspected child abuse. 
  • Provide a positive and supportive environment.
  • Notify the administration when a report is made. 
  • Provide professional development in consultation on child abuse to school staff, families, and the school community (ASCA, 2023). 

    • ]]>     2023-02-12 17:19:22 UTC https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2477952333     References jbarrow42 https://padlet.com/jbarrow42/85ne6tr2txvj3qf3/wish/2504500228 ASCA. (2023). ASCA Ethical Standards for School Counselors. American School Counselor Association. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)
    Brookesmith ISD. (2023). Student Welfare: Child Abuse and Neglect. Brookesmith ISD. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=238&code=FFG
    Doe v. Unified School District, 255 F. Supp. 2d 1239 (D. Kan. 2003)

    Nelson, L. (2019, July). Handbook of Counseling and Counselor Education. Routledge Handbooks Online. https://www.routledgehandbooks.com/doi/10.4324/9781351164207-21
    Texas Family Code Stat 261.101 (1995 & rev 2021). https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

    TEA (2019, November 6) Texas Administrative Code 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.
    Texas Constitution Article 1, Sec. 19. Deprivation of life, liberty, property, etc. by due course of law. 
    U.S. Constitution. Amendment 14 Sec. 1.5.8.1: Parental and children’s rights and due process.

    Family Educational Rights and Privacy Act 20 U.S.C. § 1232g; 34 CFR Part 99


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