Reporting Child Abuse by

Federal Law: Fourteenth Amendment - Parental and Children's Rights and Due Process Clause

lsneed2_1 — 2024-10-09 01:30:25 UTC

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Rights

This law is specific to the protection of children and making sure they are being cared for.
The Fourteenth Amendment states that a "person should have equal protection of the laws," which includes the protection against parents who abuse their rights.
The government must prove that the child is in a danger in order to separate a child from their parents.

State Law - Texas Family Code 261.101 - Persons Required to Report; Time to Report.

lsneed2_1 — 2024-10-09 01:38:08 UTC

This law states that those who work in a profession in which they directly interact with children, and suspect a child is being abused or neglected, must report the incident within 48 hours. The person that suspects the incident has occurred is responsible for reporting it.

Those that are considered to be a professional, are identified as an employee that works for the state of Texas.
The employee or the facility in which they work at must be certified or licensed.
The person making the report will remain confidential unless it is needed in a police report or investigation.
There are no instances where another professional can report the abuse or neglect, regardless of their official title.

Federal Agency - U.S. Department of Health and Human Services

lsneed2_1 — 2024-10-09 01:58:06 UTC

The U.S. Department of Health and Human Services is a federal government agency, responsible for matters regarding the health of American citizens. As part of the executive branch of the government, the HHS is overseen by the Secretary of State, who is designated by the President. Within the Health and Human Services, there are multiple services and programs provided in effort to support and educate those in need. A few examples of the resources available are preparing for emergencies, social services, and public safety (Department of Health & Human Services, 2024).

State Agency - The Department of Family and Protective Services

lsneed2_1 — 2024-10-09 01:58:25 UTC

The Department of Family and Protective Services is a state agency that is overseen by a Commissioner who is appointed by the Governor of Texas. The DFPS is an agency that provides multiple resources to those dealing with abuse, exploitation, or neglect. As part of the responsibilities of the Department of Family and Public Services, a network of preventative and community based programs are available to protect both children and adults. (Texas Department of Family and Protective Services (DFPS), n.d.)

Professional Perspective

lsneed2_1 — 2024-10-09 03:52:42 UTC

In the field of education, the school counselor plays an important role in guiding students through various situations. Whether it be teaching students how to manage their emotions, providing academic support, or assisting them in career planning, their focus is strictly on student development. Along with their defined roles, a school counselor's responsibility is based on upholding legal and ethical standards to advocate and protect the students. One topic in which this can pertain to, is the issue of child abuse and neglect. Unfortunately, child abuse and neglect is a tough subject to discuss, but happens more often than one could imagine. I chose this topic because I have been in a situation where I have had to do the unimaginable. I had to file a CPS report my first year of teaching. The second I saw his face after he told me what had happened, my heart dropped and I cried for him when he was not looking. From that moment, I knew that the topic of child abuse is something that I wanted to learn more about as a method of preventing and advocating for him and other students like him. When it comes to situations such as these, it is not only the school counselor's responsibility, but all who playa role in the student's education. With that said, the audience in which this topic addresses can be relayed to teachers, administrators, student's and their families. Working closely in this field can create a positive experience in order to support the common goal of the student's well being.

Statute: TEC §261.106 - Immunities.

lsneed2_1 — 2024-10-09 19:51:34 UTC

"(a) A person acting in good faith who reports or assists in the investigation of a report of alleged child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect is immune from civil or criminal liability that might otherwise be incurred or imposed."

The law states that a person will be protected from civil or criminal consequences if a child abuse report was done honestly.
A person who reports the child abuse or neglect of a child, may be part of an investigation or part of a case involving the judicial system.

Administrative Law - TAC Education 19 part 2 chapter 61

lsneed2_1 — 2024-10-10 00:55:06 UTC

(3) Each school district and open-enrollment charter school shall adopt and implement a policy addressing sexual abuse, trafficking, and other maltreatment of children. The policy must be included in any informational handbook provided to students and parents and must address the following:

A school district must a have a set of rules and policies in place that address situations related to child abuse or neglect.
Methods of prevention measures should be presented to parents and families as a source of information.
This administrative law is a guide for stakeholders within a school district or Texas mandated school, to educate themselves by receiving training and properly address these types of situations.

18 U.S. Code § 1169 - Reporting of child abuse

lsneed2_1 — 2024-10-10 00:59:40 UTC

"(a) Any person who -

(1) is a -

(B)

teacher, school counselor, instructional aide, teacher’s aide, teacher’s assistant, or bus driver employed by any tribal, Federal, public or private school, shall be fined under this title or imprisoned for not more than 6 months or both."

Pearland ISD - Student Welfare: Child Abuse and Neglect

lsneed2_1 — 2024-10-10 01:11:47 UTC

The local policy on "Reporting Child Abuse and Neglect" states that, "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 has a legal responsibility, under state law, to immediately report the suspected abuse or neglect to an appropriate authority."

The district's policy is cohesive to the state policies that address child abuse and neglect.
Any employee who works for the district and suspects a student is being abused or neglected, is responsible for reporting the situation.
(Policy Code FFG – Student Welfare: Child Abuse and Neglect – Pearland ISD Board Policy Manual - Policy Online, n.d.)
The policy is similar to that of the Texas Family Code.

Texas House Bill No. 63 - An Act

lsneed2_1 — 2024-10-10 01:45:57 UTC

A House bill is presented by the state House of Representatives and then to a committee. It will then be voted on by the House and Senate. If all is clear, the final step is the Governor's approval and confirms it to be a law. House Bill 63 is a law that focuses on reporting child abuse or neglect to the proper authorities or professionals. It states the protocol to file a criminal report based on evidence provided during the beginning stages of the investigation.

School Counselors Strategies

lsneed2_1 — 2024-10-10 02:05:08 UTC

Implementing Whole Group Lessons: Being in a learning environment that is a combination of students from various backgrounds and situations, it can be difficult to identify those who are struggling. The purpose of whole group lessons or guided lessons, is to teach those in an age-appropriate manner about child abuse or neglect. Though it is difficult topic to discuss, students having basic knowledge of the issue, will hopefully encourage them to speak up.
Collaborating with Others: In a campus, it is normal to engage in conversations with teachers, administrators, and other staff members throughout the campus. But due to privacy and confidentiality regulations, child abuse and neglect are not something that can be discussed. It can be a counselors best interest for the students, if he or she reaches out to their supervisor if they are not sure about how to navigate a difficult situation such as this.
Build Trust with Student: Depending on the level of grades a school counselor works with, trust with a student can look different. But the ultimate goal is to help that student know they have someone who cares about them and is there. Learning about the student's interests or strengths and weaknesses, can help the school counselor address the concerns the student may be going through.

(ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA), n.d.)

Personal Connection

lsneed2_1 — 2024-10-10 02:06:17 UTC

My goal in education is to be an advocate for children, whether it be in the elementary, junior high, or high school level. Getting a more in depth look at the laws that guide my path in my goal, has helped me in differentiating their purpose.
Though there are many aspects in laws when dealing with situations in the field of education, I feel competent in my ability to use them as a source for both ethical and legal matters.
Being an educator in schools that are typically Title 1 campuses, and collaborating with the school counselor, has increased my understanding of her role and her responsibility to the students she services.

Professional Code of Ethics

lsneed2_1 — 2024-10-10 02:36:37 UTC

In a topic such as child abuse and neglect, one ethical principle that is important is to engage in continuing education. The reason for this, is so that the school counselor can maintain proficiency in their field, along with acknowledging the signs of students who are suffering from child abuse and neglect. Not only is this good ethical practice for counselors, but those who are stakeholders in the school and contribute to the students safety.

"A.12. Child Abuse

School counselors:

b. Develop and maintain the expertise to recognize the signs of child abuse and neglect. Advocate for training to enable students and staff to have the knowledge and skills needed to recognize the signs and to whom they should report suspected child abuse and neglect"

(ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA), n.d.)

Most Important

lsneed2_1 — 2024-10-10 03:04:41 UTC

Understand the purpose of the laws and what the focus is as it pertains to school counselors.
Who is the governing body that is responsible for mandating these laws.
The state of Texas has several programs and agencies that helps to support students suffering from child abuse.
The school district and state have similar policies that she be referenced when providing guidance to students and their families.
Though a being a school counselor can feel like a one person job, it is important to collaborate with peers or advisors to share ideas of the best outcomes for the students.
Protecting the student is the utmost important responsibility when it comes to the dangers of children facing child abuse and neglect. Be knowledgeable and continue to learn in order to stay competent in the school counseling role.