Legal and Ethical Guide--Mandated Reporters by Laura Mioton

1: Professional Perspective/Audience/Topic

lmioton — 2023-12-09 21:13:14 UTC

This padlet is intended to educate teachers, counselors, administrators, and anyone else who works closely with children or students in a school setting about the moral and legal ramifications of standing up for these students. I selected this issue because of the seriousness of reporting child abuse. My parents were reported for negligence twice when I was younger. I would like to learn more about the system of reporting to ensure I am advocating for my students to the best of my ability and knowledge. I am pursuing my degree in professional school counseling, and from a professional standpoint, I believe that a lot of students are at risk and could be facing abuse or neglect in their homes. It is crucial for educators, counselors, and administrators to be well-informed about the legal and ethical practices surrounding child advocacy. By understanding these practices, we can better support and protect our students, ensuring their safety and well-being. Additionally, being knowledgeable about the system will enable us to effectively collaborate with other professionals involved in child protection, such as social workers and law enforcement, to provide comprehensive support for our students in need (Kenny et. al, 2018).

Kenny, M. C., Abreu, R. L., Helpingstine, C., Lopez, A., & Mathews, B. (2018). Counselors’ mandated responsibility to report child maltreatment: A review of U.S. laws. Journal of Counseling & Development, 96(4), 372–387. https://doi-org.easydb.angelo.edu/10.1002/jcad.12220

2: Governing Agencies--Federal and State

lmioton — 2023-12-09 22:07:45 UTC

The Child Abuse Prevention and Treatment Act (CAPTA)
U.S. Department of Health and Human Services, Administration for Children and Families, Children's Bureau (2017). The Child Abuse Prevention and Treatment Act (CAPTA), which gives states direction on child safety, is presented, as updated by the Justice for Victims of Trafficking Act of 2015 and the Comprehensive Addiction and Recovery Act of 2016. It provides a summary of CAPTA services, adoption options, and the Abandoned Infants Act. School counselors should be aware of these governing bodies and their roles in ensuring child safety and preventing abuse. They should also familiarize themselves with the specific services and options provided by CAPTA, as well as the Abandoned Infants Act, to better support and advocate for their students who may be at risk or in need of assistance.

Texas Department of Family and Protective Services DFPS is to safeguard some of our state's most vulnerable people. This includes children, the elderly, and those with impairments who may require specialized health care. The Department of Family and Protective Services seeks to prevent abuse, neglect, and/or exploitation. Exploitation is the misuse of a person's money or property while in a position of trust. School counselors play a crucial role in identifying and reporting cases of abuse, neglect, and exploitation among students. They provide support and resources to ensure the safety and well-being of children who may be at risk. Additionally, school counselors collaborate with DFPS to develop prevention programs and educate students on their rights and how to seek help if they are experiencing any form of mistreatment.

Child Abuse Prevention and Treatment Reauthorization Act, 42 U.S.C. 5101-511(2010).

3: Federal and State constitutional laws

lmioton — 2023-12-09 22:17:36 UTC

According to “34 U.S. Code § 20341—Child Abuse Reporting,” mandatory reporting is put into effect when “a covered individual who learns of facts that give reason to suspect that a child has suffered an incident of child abuse, including sexual abuse, shall as soon as possible make a report of the suspected abuse to the agency designated by the Attorney General.”

The law requires all covered individuals to report any incidents within a 24-hour period to a law enforcement agency for emergency action. Adults who are "covered" are those who have received permission from a national governing body or an amateur sports association to interact with athletes or minors at events. As school counselors, they are considered covered individuals and are mandated reporters of child abuse. This means that if a school counselor learns of any facts that give reason to suspect that a child has suffered from abuse, they must report it to the designated agency as soon as possible. Additionally, school counselors must also report any incidents within 24 hours to a law enforcement agency for immediate action.

Texas Family Code, FAM § 261.101. Persons Required to Report; Time to Report

(a) It is everyone's duty to promptly report, in accordance with this subchapter, any information that makes them think that a child's physical or mental health or welfare has suffered as a result of abuse or neglect by any person.

(b) If a professional has reason to believe that a child has been or may be abused or neglected, or that a child is a victim of an offense under Section 21.11, Penal Code, and the professional has reason to believe that the child has been abused as defined by Section 261.001, the professional shall make a report not later than the 48th hour after the professional first suspects that the child has been or may be abused or neglected, or that the child is a victim of an offense. A professional may not delegate or rely on another individual to complete the report.

9: Ethical Principle

lmioton — 2023-12-09 22:52:58 UTC

According to the American School Counselor Association's Ethical Standards for School Counselors (2022). All suspected incidents of child abuse and neglect must be reported to the appropriate authorities, as mandated by the law, with the understanding that certainty is not necessary, only reasonable suspicion. School counselors are held to a higher standard when it comes to reporting suspected child abuse and neglect as mandatory reporter.

American School Counselor Association. (2022). ASCA Ethical standards for school counselors. Alexandria, VA: Author

11: Bulleted list of Recommendations / Best Practices for Compliance

lmioton — 2023-12-09 22:58:29 UTC

Familiarize yourself with state laws related to mandated reporting, abuse and neglect definitions, and your legal obligations.
Familiarize yourself with your school district's child abuse reporting policies, which may have specific guidelines that align with state laws.
Regularly attend mandated reporting training sessions provided by school districts, local authorities, or educational agencies to stay updated on reporting requirements.
Educate yourself on signs of abuse, including physical, emotional, and behavioral indicators, to recognize potential danger to a child.
Confidentiality is essential for maintaining trust with students, but it's crucial to understand legal limits and breach them when there's suspicion or evidence of abuse.
Maintain precise records of any incidents, observations, or conversations that raise safety concerns for students, as this information is crucial in the reporting process.
Follow school district or state reporting procedures, often involving reporting suspicions to a designated child protective services hotline or agency.
Report any suspicions or evidence of abuse promptly to ensure appropriate interventions can be made to protect the child.
Collaborate with school staff, administrators, and professionals to share information and develop a comprehensive approach to address the needs of at-risk students.
Advocate for student safety and well-being, escalating concerns to authorities or supervisors if resistance or obstacles arise in reporting processes (Wehrman et al., n.d.).

Wehrman, J., Williams, R., Field, J., & Dahl, S. (n.d.). Accountability through documentation: What are best practices for school counselors? https://files.eric.ed.gov/fulltext/EJ914267.pdf

10: Personal Connection

lmioton — 2023-12-09 23:03:17 UTC

My connection to the legal and ethical standards as a mandated reporter as a school counselor has allowed me to understand the importance of upholding confidentiality and reporting any suspected cases of child abuse or neglect. This context has made me realize the gravity of my role in ensuring the safety and well-being of students. Additionally, it has motivated me to stay informed about the legal requirements and ethical guidelines in order to provide the best support for my students.

8: Risk Management Strategies

lmioton — 2023-12-09 23:08:02 UTC

Documented protocols and procedures establish standardized processes for reporting abuse suspicions, minimizing confusion and miscommunication. They provide a framework for timely responses and serve as a reference for counselors. Implementation involves developing a policy manual, defining roles, and regularly updating protocols.
Supervision and peer support ensure compliance with reporting obligations, create a supportive environment, and reduce isolation among counselors by promoting accountability and guidance.
Implement a supervision system, encourage open communication, and conduct regular check-ins or case conferences to ensure school counselors' work is reviewed by experienced professionals (Lambert, 2017).
Lambert, K. (2017). When to report abuse: risk management considerations. Psychiatric News, 52(6), 1–1. https://doi.org/10.1176/appi.pn.2017.3b22

4: Statue and Administrative Law

lmioton — 2023-12-10 15:57:44 UTC

The Child Abuse Prevention and Treatment Act of 1974 (CAPTA) is a US federal statute aimed at preventing child abuse and neglect, funding programs, and establishing a central registry. It aligns with the Code of Federal Regulations. As a school counselor, it is important to be familiar with the Child Abuse Prevention and Treatment Act (CAPTA), as it provides guidelines and requirements for reporting child abuse and neglect. CAPTA mandates school counselors to report suspected cases of child abuse or neglect to authorities, providing a clear definition of such cases.

According to the Texas Family Code, parents have certain responsibilities (Tex. Fam. Code § 261.101, 2019). School counselors are responsible for a child's well-being, safety, and protection from abuse or neglect and must understand legal obligations to effectively support and advocate for their students' welfare.

Child Abuse Prevention and Treatment Act of 1974, Pub. L. 93-247, 88 Stat. 4 (1974). Retrieved from: https://www.govinfo.gov/app/details/STATUTE-88/STATUTE-88-Pg4

Texas Legislature. (2019). Texas Family Code § 261.101.

5: Common or Case Law

lmioton — 2023-12-10 16:29:32 UTC

In 1994, Huges, a school counselor, had conversations with a third-grade student about her father's sexual abuse, which she believed she was fabricating. The school policy required teachers to report suspected child abuse to the administration. Hughes' high school counselor agreed with her assessment, and they discussed the allegations with the parents. In 1996, the Stanley County Sheriff's Office investigated an alleged sexual assault by G.B. against a neighboring child. Hughes submitted a written report, and G.B. pleaded guilty. Hughes was criminally charged and suspended without pay (Cameron v. Cameron, 641 S.W.2d 210, Tex. 1982). In this case Hughes was criminally charged with failure to report child abuse or neglect which Section 261.101 of the Texas Family Code mandates that anyone who suspects child abuse or neglect must report it immediately. The report may be made to (1) any local or state law enforcement agency; or (2) the Department of Family and Protective Services.

6: Regulation or Mandate

lmioton — 2023-12-10 17:15:58 UTC

Rights and Duties of School Employees: Should you, as a professional reporter, suspect that a child has been abused or neglected, you have a legal obligation to report it within 48 hours. (Texas Family Code § 261.101(b).

7: Local Administrative Law/Policy/Rule

lmioton — 2023-12-10 17:21:36 UTC

Employees should be aware of warning signs of potential sexual abuse or maltreatment of a child, which can be defined as harmful sexual conduct or neglect. If they suspect abuse, they have a legal responsibility to report it to law enforcement and Child Protective Services (LISD, 2023).

Leander Independent School District. (2023). Leanderisd.org. https://handbook.leanderisd.org/