https://padlet.com/kremington1/ho0ch0k342sb09eu en-us 2023-10-08 16:43:14 UTC 2023-10-09 01:28:18 UTC hello@padlet.com kremington1 https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737178124 Currently, I am an elementary school teacher working towards becoming a professional school counselor. I created this legal and ethical guide through the role of a school counselor, though many of the laws and ethical principles associated with reporting suspected child abuse and neglect are applicable within each different field of education (i.e. school counselor, teacher, administrator). 

The intended audience of this Padlet is school counselors. This topic of this legal guide is the legality behind child abuse/neglect reporting as an educator, and specifically looks at the role of the school counselor. This guide focuses on local, state (Texas), and federal laws surrounding the practices and procedures around child abuse/neglect reporting. 

I chose this topic because unfortunately, child abuse and neglect is not uncommon. Educators need to be aware of the laws surrounding this topic so that they can ensure they follow proper procedure when suspecting, reporting, and following up on the potential of child abuse/neglect. ]]> 2023-10-08 16:55:55 UTC https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737178124 kremington1 https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737188171 This legal guide is critical to school counselors because often times, a school counselor is the person other educators turn to when child abuse/neglect is suspected. A school counselor must have the confidence and the knowledge to address these concerns in a controlled and calm manner, while also adhering to local, state, and federal laws. Child abuse/neglect is sadly something that is becoming more prevalent and can be presented in many ways. Because of the prevalence of child abuse/neglect, it is of utmost importance that a school counselor has the knowledge of how to effectively handle these reports. It is equally important that the proper laws are followed by all parties involved. 

An emerging issue related to child abuse/neglect reporting is when the parents of the child are demanding to see the abuse report or are accusing the counselor/educator of making a report to Child Protective Services (CPS). There are certain policies put into place through FERPA (Family Educational Rights & Privacy Act) that allow parents to access educational records, though through CAPTA (Child Abuse Prevention & Treatment Act), the schools are not mandated to release child abuse report, unless required by a court of law. Additionally, another emerging issue within child abuse reporting is the concept of reporting suspected abuse/neglect multiple times, as long as an educator has concerns about a child. In some cases, CPS has attempted to close cases, yet the educators still are concerned, yet do not report. Legally, so long as there is a concern about a student, an educator is mandated to report, even if a report has already been made. ]]> 2023-10-08 17:10:40 UTC https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737188171 kremington1 https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737195312 Stone, C. (2021, November 1). New Challenges in Child Abuse Reporting. American School Counselor Association. https://www.schoolcounselor.org/Magazines/November-December-2021/New-Challenges-in-Child-Abuse-Reporting

This article is informative to school counselors on the topic of child abuse reporting because it provides difficult, common scenarios with real stories attached to each scenario. The article describes the challenging scenario and then explains what action the school counselor took or did not take in each situation. It goes through the legal responsibilities of the school counselor in each situation, and also tackles the ethical role of the school counselor within each real-world scenario.

]]> 2023-10-08 17:21:02 UTC https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737195312 kremington1 https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737201152 Sparks, S. (2021, June 1). Child abuse cases got more severe during COVID-19. Could teachers have prevented it? Education Week. https://www.edweek.org/leadership/child-abuse-cases-got-more-severe-during-covid-19-could-teachers-have-prevented-it/2021/06

• In one county in California, the number of reported child abuse cases decreased significantly during COVID-19, but the actual number of cases increased based on clinical medical reports
• This article discuses the importance of teachers and other school staff being properly trained to be able to recognize the more hidden signs of child abuse, as they have a legal duty to report any suspicion 
• It was expected that once schools reopened, there would be an exponentially higher number of cases reported by school personnel

]]> 2023-10-08 17:29:45 UTC https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737201152 kremington1 https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737220128 Asgarian, R. (2023, February 16). Texas should tell parents their right when it investigates child abuse claims, lawmaker proposes. Texas Tribune. https://www.texastribune.org/2023/02/16/child-welfare-texas-investigations/

• There is a bill being proposed that would require caseworkers to inform parents of their rights, including that they have a right to confer with an attorney and to not release medical records/drug tests
• The article explains that there is not enough checks and balances or due process for removing a child from a home, so it is necessary to put these into place 

]]> 2023-10-08 17:59:18 UTC https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737220128 kremington1 https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737222656 Child Abuse Prevention and Treatment and Adoption Reform, 67 U.S.C. §§5101-5108 

• Child Abuse Prevention & Treatment Act (CAPTA)
•  United States Code, Statutory Law
•  CAPTA provides federal funding and guidance to states in support of prevention, assessment, investigation, prosecution and treatment of child abuse
• CAPTA created a national definition for both child abuse and neglect

]]> 2023-10-08 18:03:42 UTC https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737222656 kremington1 https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737229373

• Relating to reports of child abuse or neglect and certain preliminary investigations of those reports. H.B. 63. 88th Legislature. (2023). 
• Statutory Law, House Bill 
• House Bill 63 bans anonymous reporting to Child Protective Services (CPS) in an effort to alleviate wrongful and dishonest reporting due to spite. 

]]> 2023-10-08 18:14:46 UTC https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737229373 kremington1 https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737229884

• Tex. Fam. Code § 261.001
• Texas Family Code, Statutory Law 
• This code provides the state-defined definitions of abuse and neglect. 
• It also states that school personnel and any other person responsible for the welfare of children have 48 hours to report suspected child abuse/neglect. 

]]> 2023-10-08 18:15:39 UTC https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737229884 kremington1 https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737230511 Carrollton Farmers Branch ISD. (2023, January 6). Student Welfare: Child Abuse and Neglect. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=359&code=FFG#legalTabContent 

• Local Administrative Law
• This policy clearly states this school district’s plan to address sexual abuse, sex trafficking, and other maltreatment of children.
•  It goes through the methods the district will use to increase awareness and prevention techniques, actions a child who is a victim should take, and available counseling options for victims of abuse or neglect. 

]]> 2023-10-08 18:16:39 UTC https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737230511 kremington1 https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737239767 American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Ethical Code Item: Report to the proper authorities, as mandated by the state, all suspected cases of child abuse and neglect, recognizing that certainty is not required, only reasonable suspicion. School counselors are held to a higher standard regarding their absolute duty as a mandated reporter to report suspected child abuse and neglect (ASCA, 2022). 

The connection of this ethical code item is very clearly related to the topic of child abuse reporting and school counselors as having an absolute duty to make a report. It is clear that school counselors have an ethical obligation to report all suspected cases of child abuse and neglect. The standard also includes the clarification that only reasonable suspicion is required in order to make a report to the proper authorities. ]]> 2023-10-08 18:31:23 UTC https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737239767 kremington1 https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737248901 Tuttle, M., Ricks, L., & Taylor, M. A child abuse reporting framework for early career school counselors. The Professional Counselor. https://files.eric.ed.gov/fulltext/EJ1232217.pdf

This is a resource that was specifically created for new school counselors that provides a framework for how to deal with the various emotions that come from reporting suspected child abuse. The article discusses the importance of mandated reporting and also delves into the many emotions a school counselor may feel after he or she reports. The article also addresses trends in child abuse and the symptoms and signs school counselors need to look out for when working with children in order to recognize potential abuse/neglect.

]]> 2023-10-08 18:45:58 UTC https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737248901 kremington1 https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737253590 1) A Texas school counselor must contact the Department of Child Protective Services by the 48th hour of having knowledge of potential abuse/neglect. This is both an ethical and a legal obligation. 
2) It is critical to continue reporting multiple times if there is still a suspicion of abuse or neglect. 
3) Under CAPTA, a school counselor does not need to release an abuse report to parents, even if they ask. The only reason why this information would need to be released would be if there was a court order. 
4) When a report has been made, school counselors should not contact the alleged abuser and/or parents of the child. 
5) When it is unclear whether or not a CPS or a police report should be made, it is advisable to loop in school administration.  Also, CPS can inform the reporter of the state's stance on reporting and will advise if a police report also needs to be made. 
6) A school counselor or other school personnel ONLY needs a reasonable suspicion of abuse or neglect to make a report and MUST make a report if there is any suspicion. The school counselor should not be the one to perform an investigation, that is the role of CPS and/or local authorites if necessary. ]]> 2023-10-08 18:53:52 UTC https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737253590 kremington1 https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737440916 Cuff v. Grossmont Union High School District,  221 Cal. App. 4th 582 (2013). 

This court case focused on the issue of disclosing CPS reports to parents and/or guardians. In this case, the school counselor sent her CPS report to the father so that he could send the report to the police to get the child removed from the care of the mother. The mother sued the school district under the California Child Abuse and Neglect Reporting Act (CANRA). The courts claimed that both the school counselor and the school district could be held liable for not upholding confidentiality under CARNA.]]> 2023-10-09 01:18:15 UTC https://padlet.com/kremington1/ho0ch0k342sb09eu/wish/2737440916