• “The Special Investigations program of the Texas Department of Family and Protective Services' Child Protective Investigations division investigates allegations of abuse or neglect of a child by school personnel or volunteers in a school setting" (40 TAC §707.601).

  
  

  Federal: Administration for Children and Families (ACF) of the U.S. Department of Health and Human Services.

• The ACF agency administers federal programs promoting the well-being of families, children, individuals, and communities. It covers child welfare, support enforcement, family assistance, early childhood development, and related areas (Administration for Children and Families, 1991).

• In 1974, the Child Abuse Prevention and Treatment Act (CAPTA) was put into effect to recognize the severity of the issue of child abuse and neglect.

• The act aimed to offer federal financial aid and policy direction to tackle the problem, as well as provide essential resources to communities to enhance family relationships and promote the well-being of children and families by preventing and protecting children from abuse and neglect.

• The implications for not reporting could result in federal funds and resources being withdrawn from communities and schools.

Source of Law: United States Congress (42 U.S.C. 5101)

Child Abuse Prevention and Treatment Act of 1974, amended 2019)

https://www.acf.hhs.gov/sites/default/files/documents/cb/capta.pdf

The Texas Child Abuse and Neglect Reporting Law-

• This law states that professionals who have a reasonable cause to suspect a child has or will be abused or neglected are mandated by law to report to the Texas Department of Family and Protective Services (DFPS) or a law enforcement agency within 48 hours.

• The implications of not making a report in these instances could possibly result in further harm to students or even death in extreme cases.

• School counselors who violate their professional, ethical standards may face disciplinary measures. Additionally, mandated reporters who neglect to report instances of child abuse or neglect can be fined per violation.

  
  

  Source of Law: Texas State Legislature

  (TFC § 261.101(b)).

  https://www.dfps.texas.gov/Child_Protection/Child_Safety/report_abuse.asp.

1. Texas Statute: Child Abuse Protection Overview

• “Requires educators, including school counselors, to undergo training on recognizing and reporting child abuse and neglect as a condition of employment.”

• "Each school district shall provide child abuse anti-victimization programs in elementary and secondary schools."

• The potential consequences of failure to report could result in further harm to the child and/or disciplinary/legal action against the educator.

Source of law: Texas Legislature

(2 TEC §38.004)

https://www.tea.texas.gov

2. Texas Administrative Law: Reporting Child Abuse or Neglect, Including Trafficking of a Child

• "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 may not require that school personnel report suspicions of child abuse or neglect to a school administrator prior to making a report."

• "The policy must address available counseling options for students affected by sexual abuse, trafficking, or other maltreatment."

Source of Law: Texas Education Agency

(19 TAC 61.1051)

https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=19&pt=2&ch=61&sch=EE&rl=Y

• A teacher and school counselor were fired and each charged with a Class B Misdemeanor when they failed to report a child abuse situation involving sexual abuse of two students by a colleague.

• Since both the teacher and counselor reported this to their principal in good faith, they felt they did their duty in “reporting” this incident, assuming their principal would take care of it, which he failed to do so.

• The ramifications of not reporting led to another student being sexually abused by the colleague.

Source of Law: Supreme Court of Kentucky

Commonwealth v. Allen, 980 S.W.2d 474 (Ky. 1998).

https://law.justia.com/cases/kentucky/supreme-court/1998/97-sc-713-dg-1.html

• “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.

• "Reports must be made within 48 hours of the event that led to the suspicion."

• "Alleged abuse or neglect involving a person responsible for the care, custody, or welfare of the child (including a teacher) must be reported to CPS."

Source of Policy: Local school district

(Coppell Independent School District (CISD) Employee Handbook, 2023-2024).

https://www.coppellisd.com/page/counseling-service

https://www.coppellisd.com/page/policies-handbooks-grievance-process

• School campuses and districts must provide yearly training to staff to recognize the signs (not just physical, like bruises) but also other signs, like students' attendance issues and withdrawal.

• Ensure school staff know the possible legal ramifications of failure to report, such as compromised child safety.

• Ensure school staff is informed of the procedures involving suspected child abuse and neglect, such as early reporting, who to report to, such as local agencies or law enforcement, and safeguarding their anonymity (Greco et al., 2017).

• (A.12.a) The state mandates school counselors to report to the proper authorities all suspected cases of child abuse and neglect by reasonable suspicion. School counselors are held to a higher standard regarding their absolute duty as mandated reporters to report suspected child abuse and neglect.

• (American School Counselor Association Ethical Standards, 2022).

https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

•  Persons in a professional capacity such as teachers, administrators, aides, and other school staff must report suspected child abuse to the designated agency as soon as possible.

• If social services or health care agencies receive reports of sexual abuse, serious physical injury, or life-threatening neglect of a child, they must immediately refer the report to a law enforcement agency with the authority to take emergency action to protect the child.

• All professionals covered shall receive periodic training in the obligation to report and identify abused and neglected children.

  
  

Source of Law: United States Congress

(34 USC § 20341 (a.1)).

https://www.law.cornell.edu/uscode/text/34/20341

• As a future professional school counselor, I am aware that I will have to manage cases of child abuse and neglect in my career. In most cases, teachers and staff members approach the school counselor to report suspected abuse or neglect of a student because they feel uncomfortable or anxious about reporting their suspicions for fear of being wrong or having their anonymity revealed.

• In my own teaching career, I have had to report two instances of child abuse and/or neglect. It is important to note that teachers and staff members are mandated reporters responsible for reporting such incidents. Not reporting such suspicions is not in the best interest of the students and can cause them further harm. Therefore, staff members must report any suspicions and err on caution. Reporting such incidents demonstrates best practices and a commitment to acting in the child's best interest.

This topic has been influential in my understanding of the application of laws regarding child abuse and neglect because I realized I had more to learn, despite having reported twice in my teaching career. I am now aware of the procedures and ramifications of reporting from a school counselor's perspective, and the crucial role I play in ensuring these laws are being followed by myself and my staff.

I feel these laws are paramount in securing the safety and well-being of our most vulnerable population in the school-the children. After extensive research on child abuse through this class, I feel more confident about my knowledge toward this topic and realize how pertinent it is to the role of the school counselor.

·      Training of school staff on how to identify child abuse/neglect

·      Ensure school staff knows the procedures regarding reporting

·      Ensure the confidentiality of the victim and reporters

·      Become familiar with the laws of what constitutes child abuse or neglect and mandatory reporters

·      Increase awareness of this topic through community outreach and school resources

·      Collaborate with local agencies and law enforcement, such as school security resource officers (SROs)