Legal and Ethical Guide by Breana Witter

Professional Perspective/Audience/Topic

bwitter1 — 2024-07-23 02:59:35 UTC

School counselors are mandated reporters for any form of child abuse. We are tasked with being on high alert to ensure the safety of our students. I chose this topic because I want to understand all my legal responsibilities regarding reporting child abuse to protect myself and the students I serve.

The audience are fellow school counselors wanting to learn more about their responsibilities.

Governing Agency

bwitter1 — 2024-07-23 21:58:14 UTC

The governing body responsible for compliance in everything a school counselor does is the Texas Education Agency (TEA). TEA is a state sanctioned agency committed to improving public education in the state of Texas. One of their responsibilities is to “monitor for compliance with certain federal and state guidelines” (TEA, 2024, section Roles and Responsibilities).

Federal and State Constitutional Laws

bwitter1 — 2024-07-23 21:59:54 UTC

US. Constitutional Law- The 14th amendment in the U.S. constitution outlines citizen’s rights that no state shall “deprive any person of life or liberty” (U.S. Const. amend. 14, § 1). I would argue that child abuse is a deprivation of life and liberty and therefore requires reporting and due process of law.

https://constitution.congress.gov/constitution/amendment-14/

State Law- Section 3 of the Texas Constitution outlines the equal rights that all people have in Texas (Tex Const. art. 1, § 3). No person has the right to abuse another. https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm

Statue and Administrative Law

bwitter1 — 2024-07-23 22:00:18 UTC

Statue- TEC § 38.004 reviews the policy behind reporting any child abuse.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm#38.004

Administrative- TAC § 61.1051.1 states “every school employee, agent, or contractor who suspects a child's physical or mental health or welfare has been adversely affected by abuse or neglect submit a written or oral report to at least one of the following authorities within 48 hours or less”. 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=19&pt=2&ch=61&rl=1051

Case Law

bwitter1 — 2024-07-23 22:00:54 UTC

Doe v. Unified School District is a court case against Jane Doe and the school district. Jane Doe’s friends reported to the school counselor that she was being sexual abused by her step father. The school counselor reported the abuse to the proper authorities but did not reach out to Jane Doe’s parents or teachers to gather more information. Doe’s mother brought this case to court to argue she should have been made aware of the situation (Doe v. Unified School Dist., 2003). No definitive conclusion was reach of who was “right” or “wrong”, but it is a good reminder of the requirement that school counselors are mandated reporters.

https://law.justia.com/cases/federal/district-courts/FSupp2/255/1239/2562555/

Federal Regulation

bwitter1 — 2024-07-23 22:05:22 UTC

Texas Family Code § 261.101 states that any person that is aware of any abuse regarding a child has a responsibility to report said abuse.

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm#261.101

Local Policy

bwitter1 — 2024-07-24 13:57:26 UTC

Local Policy- Round Rock ISD board policy cites Family Code 261.101(a) 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 by any person shall immediately make a report as required by law” (RRISD Board, § FFG).

https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1245&code=FFG#legalTabContent

Risk Management

bwitter1 — 2024-07-24 14:03:19 UTC

It is important to stay up to date with any laws, regulations, and local policy regarding reporting child abuse.
Attending training and professional development regarding noticing the signs of abuse and reporting protocol.
Make sure to document concerns or suspicions of abuse.

Ethical Principal

bwitter1 — 2024-07-24 14:03:49 UTC

ASCA ethical standards state that “school counselors are held to a higher standard regarding their absolute duty as a mandated reporter to report suspected child abuse and neglect” (ASCA, 2018, A.12.a).

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

Personal Connection to the Legal and Ethical

bwitter1 — 2024-07-24 14:04:49 UTC

Researching the context of the legal and ethical laws surrounding mandated reporting has helped me better understand my responsibility as a school counselor. I have been an educator for 5 years and educators are also held to this standard, so I am very familiar with it. However, ASCA points up that school counselor are held to a higher standard in regards to reporting abuse (ASCA, 2018).

As a school counselor, we want to take care of the students under our influence. We want to show them they are loved, important, and valuable. However, we also want them to be safe. If anyone is infringing on the safety of our students, we want to step in to change that as soon as possible! I have a responsibility and a desire to report any abuse of a child to keep by students safe.

Recommendations/Best Practices for Compliance

bwitter1 — 2024-07-24 14:05:12 UTC

When a student reports abuse, take it seriously.
Report suspected abuse within 48 hours.
Talk with a supervisor on if parents need to be made aware of abuse (see court case).
Follow up with the student to see how they are doing.
Follow up with authorities you reported too.
Consider looping in other staff members who would need to be aware of the situation.
Do not share information with anyone who does not need to know.

References:

bwitter1 — 2024-07-24 15:55:56 UTC

American School Counselor Association. (2018) ASCA Ethical Standards for School Counselors.

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

Doe v. Unified School District, United States District Court, D. Kansas. (2003). https://law.justia.com/cases/federal/district-courts/FSupp2/255/1239/2562555/

Round Rock ISD Board. (2024). Board Policy Manual § FFG – Student Welfare: Child Abuse and Neglect. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1245&code=FFG#legalTabContent

Texas Administrative Code, § 61.1051.1. (1998/2018). https://texreg.sos.state.tx.us/public/

Texas Education Agency. (2024) Welcome and overview. https://tea.texas.gov/about-tea/welcome-and-overview

Texas Education Code, § 38.004. (1995). https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm#38.004

Texas Family Code § 261.101 – Persons Required to Report; Time to Report. (1995). https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm#261.101