Reporting Suspected Abuse or Neglect of a Child by Clair Song https://padlet.com/csong11/cm0nbzvxsmng Legal Guide Padlet- Clair Song en-us 2019-07-17 19:12:52 UTC 2025-12-23 11:24:26 UTC hello@padlet.com Slide #1 My Professional Perspective csong11 https://padlet.com/csong11/cm0nbzvxsmng/wish/371479801 My professional perspective is working as a Social-Emotional Specialist at an elementary campus and as a future school counselor. I received my BS in interdisciplinary studies at the University of Texas at Arlington. This Legal Guide Padlet is a resource guide for teachers and staff members to understand the current legal requirements of reporting suspected abuse or neglect of a child. I chose this pivotal topic since educators frequently experience this difficult situation. I believe that this topic is relevant for educators to understand the full extent of the legal requirements of reporting suspect abuse or neglect of a child. As educators, we are “mandated reporters” (Child Welfare Information Gateway, 2016, para. 1) in which we are designated to mandatory report child maltreatment. By understanding the significance of reporting suspected abuse or neglect of a student can help educators understand the importance of the duty to protect children.
 
Child Welfare Information Gateway. (2016). Mandatory reporters of child abuse and neglect. 
State Statues. Retrieved from https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/manda/ 
]]> 2019-07-17 19:15:48 UTC https://padlet.com/csong11/cm0nbzvxsmng/wish/371479801 Slide #2 Interview with Diane Mathis csong11 https://padlet.com/csong11/cm0nbzvxsmng/wish/371479827 I spoke with Diane Mathis who has been an elementary counselor for six years at Plano ISD. For the 2019-2020 school year, Mrs. Mathis will take on the role as the new assistant principal at an elementary school, but the previous school year she was an elementary school counselor at Mitchell Elementary School.

Why is reporting suspected child abuse or neglect important in school counseling?

Mrs. Mathis explained how, as a counselor, the main priority of her role is to advocate for students and staff members. She shared the importance of how every educator must report child abuse or neglect. Mrs. Mathis described how this topic has a significant impact on educators since the primary responsibility of an educator is the duty to protect. Not only do educators play a vital role in reporting suspected child abuse or neglect, but they are legally bound to report any suspension. To be an effective school counselor, Mrs. Mathis shared how it is essential to recognize and prevent child abuse and neglect. “As a counselor, we need to stay updated on district policies and state laws, so we know how to address various issues properly and to also be able to communicate with our parents and staff members effectively” (D. Mathis, personal communication, July 15, 2019). During our interview, Mrs. Mathis shared the three best practices and emerging issues on the topic for reporting suspected child abuse or neglect.

The three practices in reporting suspected child abuse or neglect

1. The first best practice for reporting suspected child abuse or neglect of a student is to never second guess yourself. Mrs. Mathis explained that if an educator or an adult simply suspect a problem, they must report it. “Reach out to an administrator or a school counselor, if you feel unsure. We never know for sure what happens at home, so it is important to make a call even if you have an ounce of suspicion” (D. Mathis, personal communication, July 15, 2019). She advises if uncertain about the abuse, just let CPS know that that you are not certain, but you have suspicions of abuse.   
2. The second best practice is to keep a watchful eye on your students. Mrs. Mathis explained the importance of noticing any changes in a student’s behavior, school work, or their needs. “Be vigilant and be aware of how your students are acting. Teachers know their students the best, if they recognize any changes in the student, ask questions” (D. Mathis, personal communication, July 15, 2019). 
3. The third best practice Mrs. Mathis shared in regards to this topic directs more toward school counselors and administrators. “Inform your teachers of any requirements or laws specific to the district and the state. It is important to arm teachers with information on reporting suspected abuse or neglect. This is a legal subject of matter; it is the law to report suspected abuse or neglect of a child, and teachers need to understand the importance of reporting” (D. Mathis, personal communication, July 15, 2019). She also explained how the district offers a variety of resources when handling this type of situation.
The three best practices listed by Mrs. Mathis helps identify the overall importance with the role of the teacher. As educators, we need to stay vigilant and advocate for our students. Additionally, administrators and school counselors play an essential role in informing teachers of laws and legal requirements relating to reporting child abuse but also the knowledge of how and when to report suspected child abuse or neglect. Thus, teachers can adequately protect their students but also themselves.

Emerging Issues

The issue of the educational practice for reporting suspected abuse or neglect is the unsureness of this topic for new teachers. Mrs. Mathis noticed how new teachers are not fully confident or knowledgeable about this topic. “Since new teachers have never experienced reporting to CPS, they feel uncomfortable and scared to make a report. It is our job to help those new teachers understand what will happen if they do not make that report to CPS. Also, we need to help them understand the very importance of protecting our students by reporting suspected abuse or neglect of a student” (D. Mathis, personal communication, July 15, 2019).  Mrs. Mathis reiterated the importance of supporting teachers who have never reported to CPS. She explained various situations where she assisted teachers in calling CPS so that they could be more comfortable with the process. However, she emphasized the importance of reminding teachers of how they need to make the call since they were the first to suspect the abuse or if the student confided directly to them. “As counselors, we need to empower our teachers with the knowledge of being accountable for the safety of our students” (D, Mathis, personal communication, July 15, 2019).  
]]> 2019-07-17 19:16:04 UTC https://padlet.com/csong11/cm0nbzvxsmng/wish/371479827 Slide #3 ASCA School Counselor Association csong11 https://padlet.com/csong11/cm0nbzvxsmng/wish/371479922 From ASCA School Counselor, “Child Abuse: Who Must Report?”, the blog highlights the importance of understanding the state’s statutes concerning on reporting suspected child abuse and neglect. The blog explains how each state has different statutes regarding a counselor’s role in reporting abuse but also addresses the overall law defined by federal legislation. Interestingly, the blog also states the specifics of Texas school counselor’s obligations. Furthermore, the blog includes stories of various situations involving the arrests of educators due to the failing of notifying authorities of child abuse and neglect (Stone, 2011).
 
Stone, C. (2011). Child abuse: Who must report?. ASCA School Counselor. Retrieved from https://www.schoolcounselor.org/magazine/blogs/november-december-2011/child-abuse-who-must-report 
]]> 2019-07-17 19:17:21 UTC https://padlet.com/csong11/cm0nbzvxsmng/wish/371479922 Slide #4 Current News Article csong11 https://padlet.com/csong11/cm0nbzvxsmng/wish/371479944 The article, “Teachers Play a Very Important Role in the Reporting of Child Abuse,” discusses the importance of reporting child abuse. Recently, many districts have implemented prevention education through teacher and staff training to increase child abuse prevention and awareness. The article highlights the decrease in the number of victims for confirmed abuse cases in Texas. Furthermore, the article focuses on laws for recognizing and reporting child abuse or neglect. Laws in Texas such as Texas’ Family Code requires any adult to report suspected child abuse or neglect and Jenna’s Law which requires for teachers and school employees to know the signs of the child abuse (Smith, 2017). In addition to the laws, Texas mandates teachers to receive training in child abuse and sexual abuse prevention and recognition. The article highlights how some careers establish employees to be “professional reporters” due to their interactions with children. In conclusion, the article summarizes that prevention needs to become a high focus and “when a child outcries, the response needs to be simple and supportive” (Smith, 2017, p. 4).This article is relevant to the topic since the news article addresses the preventive measures that districts around the Dallas Fort Worth area are taking in regards to reporting child abuse and neglect.

Smith, D. (2017). Teachers play a very important role in the reporting of child abuse. Fort Worth Star-Telegram. Retrieved from https://www.star-telegram.com/news/special-reports/article154396729.html ]]> 2019-07-17 19:17:37 UTC https://padlet.com/csong11/cm0nbzvxsmng/wish/371479944 Slide #5 Current News Article csong11 https://padlet.com/csong11/cm0nbzvxsmng/wish/371479966 In the article, “Child Abuse Case in California Spotlights Lack of Oversight of Home Schooling,” highlights the issue on the lack of regulations for homeschooling. The article covers situations of abuse and neglect of children who are homeschooled. Child safety advocates raise concerns on the absence of regulations surrounding homeschooling. Their concerns lead to the rising trend on the enabling number of parents to abuse and neglect their children without detection. Even though the article discusses specifics on California’s regulations on homeschooling, the article addresses the concerns on how homeschooling laws vary by state. The most alarming fact raised by the article is how most states do not require parents to notify the state in educating their children at home. This leads to the issue of homeschool children being undetected. The article points out how there is “no real mechanism to check in on a child simply because they are removed from school to be homeschooled after a troubled past” (Silva, 2018, p.4). In conclusion, associations such as The Coalition for Responsible Home Education and The Home School Legal Defense Association are advocating for changes to homeschooling laws. Additional laws that associations are fighting for are “including requiring criminal background checks for parents, student contact with school or medical officials (who must report signs of abuse or neglect) and annual academic assessments” (Silva, 2018, p. 5). This article poses a significant issue on the need to protect all children, including children who are homeschooled.  
 
Silvia, D. (2018). Child abuse case in California spotlights lack of oversight of home schooling. NBC News. Retrieved from https://www.nbcnews.com/news/us-news/child-abuse-case-california-spotlights-lack-oversight-home-schooling-n874801 
]]> 2019-07-17 19:17:56 UTC https://padlet.com/csong11/cm0nbzvxsmng/wish/371479966 Slide #6 Original Sources of Law csong11 https://padlet.com/csong11/cm0nbzvxsmng/wish/371479991 Tex. Educ. Code § 38.004 (2017)
Statutory Law
https://statutes.capitol.texas.gov/SOTWDocs/ED/htm/ED.38.htm 
This law addresses how the agency must have policies in handling the reports of child abuse or neglect along with maintaining a child abuse reporting and programs. Additionally, school district must have policies on addressing sexual abuse and other maltreatment of children. 
]]> 2019-07-17 19:18:11 UTC https://padlet.com/csong11/cm0nbzvxsmng/wish/371479991 Slide #7 Original Sources of Law csong11 https://padlet.com/csong11/cm0nbzvxsmng/wish/371480062 Ohio v. Clark, 576 US ___ (2015)
Judicial Law
https://www.supremecourt.gov/opinions/14pdf/13-1352_ed9l.pdf 
This court case help define the issue concerning the admissibility of the testimony of abused children in abuse court case. The court decided that reliable hearsay statements by child abuse victims are permitted in court. Additionally, the case helped determine whether or not hearsay statements are admissible under the Confrontation Clause of the Sixth Amendment. 
]]> 2019-07-17 19:19:07 UTC https://padlet.com/csong11/cm0nbzvxsmng/wish/371480062 Slide #8 Original Sources of Law csong11 https://padlet.com/csong11/cm0nbzvxsmng/wish/371480172 Texas Family Code § 261.101 (2017)
Statutory Law 
https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm 
This law addresses the duty to report if any suspicion of a child being abused or neglected. People who are obliged to report include professionals who are licensed or certified by the state or who are employed at facilities licensed, certified, or operated by the state and who have direct interactions with children. Professionals include teachers, school district employees, daycare employees, nurses, doctors, employees of clinics or health-care facilities, or juvenile officers.
]]> 2019-07-17 19:20:35 UTC https://padlet.com/csong11/cm0nbzvxsmng/wish/371480172 Slide #9 Original Sources of Law csong11 https://padlet.com/csong11/cm0nbzvxsmng/wish/371480188 Texas Family Code §§ 261.01; 261.110 (2017)
Statutory Law
https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm 
This law addresses the institutional responsibility to report. Professional may not rely on another person to make the child abuse or neglect report. Also, employers may not suspend, terminate, or discriminate against, a person who is professional and acts in good faith when reporting child abuse or neglect and also when cooperating with an investigation. This law both holds the employees and the employers accountable when needing to report child abuse or neglect.   
]]> 2019-07-17 19:20:49 UTC https://padlet.com/csong11/cm0nbzvxsmng/wish/371480188 Slide #10 Local Administrative Law/Policy/Rule csong11 https://padlet.com/csong11/cm0nbzvxsmng/wish/371480206 Tex. Admin. Code 40 TAC § 700.409 (a)  (2016)
Administrative Law
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=19&ch=700&rl=409
This law allows Child Protective Services to request that school personnel or volunteers to be absent during the interview or examination of an alleged victim. The reason for this law is so that the presences of school personnel or volunteer may not jeopardize the integrity of the investigation. Additionally, a better interview or examination of the child would result without school personnel or volunteers being present.
]]> 2019-07-17 19:21:01 UTC https://padlet.com/csong11/cm0nbzvxsmng/wish/371480206 Slide #11 Ethical Principle csong11 https://padlet.com/csong11/cm0nbzvxsmng/wish/371480233 American School Counselor Association (ASCA) Ethical Standards 
A.   Responsibility To Students
A.11. Bullying, Harassment and Child Abuse 
School Counselors:
b. Report suspected cases of child abuse and neglect to the proper authorities and take reasonable precautions to protect the privacy of the student for whom abuse or neglect suspected when alerting the proper authorities (p.5).
This ethical principle not only requires school counselors to report any suspected child abuse and neglect but also requires school counselors to take appropriate precautionary measures in protecting the privacy of the student when notifying to the proper authorities. This principle provides the guidelines for what a school counselor must do as their duty to protect students when suspecting child abuse or neglect. 

American School Counselor Association (ASCA). (2016). ASCA ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf 
]]> 2019-07-17 19:21:23 UTC https://padlet.com/csong11/cm0nbzvxsmng/wish/371480233 Slide #12 Non-Law Source csong11 https://padlet.com/csong11/cm0nbzvxsmng/wish/371480247 Texas Department of Family and Protective Services offers a wealth of information regarding Child Protective Services. Resources include such as the responsibilities of child protective services, family services, information on when children are in state care, stopping child abuse, data and statistics on CPS, state laws and CPS Policies, and CPS Trainings. Each section provides additional resources for specific topics. This resource will be beneficial for counselors when sharing Child Protective Services information regarding resources and training offered the Texas Department of Family and Protective Services. Additionally, counselors can utilize this resource for future campus training.
 
Texas Department of Family and Protective Services. (n.d.). Child protective services (CPS). Texas Department of Family and Protective Services. Retrieved from https://www.dfps.state.tx.us/child_protection/ 


]]> 2019-07-17 19:21:34 UTC https://padlet.com/csong11/cm0nbzvxsmng/wish/371480247 Slide #13 Bulleted List of Recommendations/ Best Practices for Compliance csong11 https://padlet.com/csong11/cm0nbzvxsmng/wish/371480267 Based on the research and interview done for reporting child abuse and neglect, these are the eight recommendations related to best educational practice and legal compliance for when reporting child abuse or neglect. 
  • When in doubt, always make the call to CPS and specify that you are uncertain but have suspicions of abuse. The report must be made by phone within 48 hours or less as required by law (D. Mathis, personal communication, July 15, 2019). 
  • Stay vigilant and be aware of any behavioral or emotional changes in the student (D. Mathis, personal communication, July 15, 2019). 
  •  After making a report of suspected abuse, it is crucial to detach yourself from any further involvement with the case.  Only if another incident with the same child leads you to suspect additional abuse, contact CPS (Plano ISD, 2018).
  • When making a report of suspected child abuse, document only the student’s name, the date, and the case number for your records (Texas Department of Family and Services, n.d.).
  •  Keep confidentiality and protect the student’s privacy (ASCA, 2016). 
  • Do not take photographs of any child. CPS investigators must personally take the photographs (Texas Department of Family and Services, n.d.). 
  • The Texas Family Code (2017) requires the person first suspecting the abuse to make the report to the CPS Hotline. Reporting suspected child abuse may not be discussed. Additionally, counselors should provide support to staff members making reports. 
  • If a parent contacts you about an investigation or report, respond by replying: I am unable to respond to any inquiries concerning Child Protective Services or law enforcement. I must recommend that you direct your inquiries to either of those agencies (Plano ISD, 2018).

Plano ISD. (2018). Guidelines for Reporting Suspected Child Abuse. Retrieved from https://www.pisd.edu/site/default.aspx?DomainID=2573 
]]> 2019-07-17 19:21:49 UTC https://padlet.com/csong11/cm0nbzvxsmng/wish/371480267