a.)Reporting Child Abuse and Neglect: Counselors are bound by law to report any abuse or neglect of a child. However, as a counselor, we must understand and know what is classified by law as abuse and neglect. At the same time, we understand our biases and triggers when working with students who may experience this issue in school counseling. 

b.)Texas Family Code Chapter 261: Abuse are acts or omissions that harm a child’s mental, and physical well-being and the failure to prevent this act. In addition, counselors have 48 hours to report any suspected abuse or neglect. I chose this topic because it is an ethical issue that affects students nationwide in large numbers, as a counselor we must ensure the safety of our students on and off campus. (TX Fam Code § 261.001, 2023)

a.)TEA- Texas Education Agency is a state agency that oversees primary and secondary public education. TEA ensures that public school employees follow state and federal guidelines for both legal and ethical practice which are highlighted in its policies and standards.

tea.texas.gov/about-tea

b.)ACA -American Counselor Association: ACA 2014 Code of Ethics provides professional and ethical standards for individuals licensed or certified in the field of counseling. School counselor must uphold these standards in their professional practice.

Texas Family Code § 261.110- 

• • As a professional reporter, you are required by law to report suspected abuse within 48 hours of first suspecting that a child has been or may be abused or neglected (Texas Family Code § 261.101(b)). 

• You have the right and responsibility to report suspected child abuse or neglect free of fear of retaliation (Texas Family Code § 261.110).

• Your report of child abuse or neglect is confidential and immune from civil or criminal liability as long as the report is made in good faith and without malice (Texas Family Code § 261.106).

Title IV-B provides a relatively small allocation of flexible funds to states to deliver a wide range of family-based services to prevent child maltreatment.

Title IV-B has been used to fund direct prevention and diversion approaches, including “community response” and “differential response.” 

Community response (CR) programs focus on families reported to Child Protective Services (CPS) who do not meet the criteria for maltreatment substantiation.

Differential response (DR) programs provide the option of receiving services without having a formal CPS investigation or a determination of substantiated maltreatment.

K.S.A § 38-1522., requires information dealing with abuse and neglect to be reported to the authorities.

Though neither the School District nor the Principal trained the School Counselor on its policy, she knew that state law obligated her to report suspected sexual abuse. Even so, the School Counselor failed to report these allegations of sexual abuse to the State Department of Social and Rehabilitation Services ("SRS") or any other law enforcement agency. 

Case summary: in this case, the judge sided with the School district because years had passed, and the was no formal evidence that the student informed the counselor of this action. When advocating for our students' safety and well-being we must comply with both federal and state laws to ensure the best outcomes for victims of abuse and neglect.

The law covers the reporting of child abuse and defines physical, sexual, emotional, and psychological abuse. In addition, a "Child" is an individual under the age of 18 years old. Violation of this code face fines and imprisonment.

42 U.S.C § 13031

Is part of the Victims of Child Abuse Act of 1990,( 42 U.S.C § 13031 ) requires certain professional teachers, nurses, doctors, caregivers, and counselors to report suspected child abuse if they learn of it while working on federal land or in federal facilities.

Tex. Educ. Code § 33.005 mandates the school’s CSCP include the following four components: Guidance curriculum, individual Student planning, Responsive Services, System Support, and Resources. Texas Education Codes impact confidentiality and abuse reporting requirements, because its standards align with state and federal laws regarding the duty responsibilities of a school counselor in support of the overall wellness of each student.

FWISD Handbook (2023) states,”All District employees should perform their duties in accordance with state and federal law, District policies and procedures, and ethical standards. Violation of policies, regulations, or guidelines, including intentionally making a false claim, offering false statements, or refusing to cooperate with a District investigation may result in disciplinary action, including termination,”(p.40).  

Highlighted in the employee handbook, under section Employee Conduct and Welfare are standards of conduct that includes :

•  Recognize and respect the rights of students, parents, other employees, and members of the community. 

•  Maintain confidentiality in all matters relating to students and coworkers.

• Know and follow the law, without exception. ( school counselor are liable for knowing state and local laws in regarding abuse and acting in the best interest of the child.) 

• Respond quickly and compassionately. 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 within 48 hours. Failure to report can result in legal action.

• Listen and respond with empathy to the person reporting abuse.

• Never dismiss an allegation as a false complaint of a troubled child. 

• Protect the confidentiality and privacy interests of the reporter and potential victims. (Parents should be notified by phone or in person the same day.)

• Activate your response team as soon as you receive an allegation. 

American School Counselor Association. (2019). ASCA national model: A framework for school counseling programs, 4th edition. Alexandria, VA: Author.

School counselors: 

a.)Inform parents/guardians and school administration when a student poses a serious and foreseeable risk of harm to self or others. This notification is to be done after careful deliberation and consultation with appropriate professionals, such as other school counselors, the school nurse, the school psychologist, the school social worker, the school resource officer, or child protective services. Even if the danger appears relatively remote, parents/guardians must be notified. The consequence of the risk of not giving parents/guardians a chance to intervene on behalf of their child is too great. 

b. )Recognize the level of suicide risk (e.g., low, medium, high) is difficult to accurately quantify. If required to use a risk assessment, it must be completed with the realization that it is an information-gathering tool and only one element in the risk assessment process. When reporting risk-assessment results to parents/guardians, school counselors do not negate the risk of students' potential harm to self even if the assessment reveals a low risk, as students may minimize risk to avoid further scrutiny and/or parental/guardian notification. The purpose of reporting any risk-assessment results to parents/guardians is to underscore the need for parents/guardians to act, not to report a judgment of risk. 

C. Collaborate with school administration to ensure a student has proper supervision and support. If parents/guardians will not provide proper support, the school counselor takes necessary steps to underscore to parents/guardians the necessity to seek help and, at times, may include a report to child protective services. 

D. Provide culturally responsive mental health resources to parents/guardians. 

E Report to administration and/or appropriate authorities (e.g., law enforcement) when a student discloses a perpetrated or perceived threat to another person’s physical or mental well-being. This threat may include but is not limited to verbal abuse, physical abuse, sexual abuse, dating violence, bullying, or harassment. The school counselor follows applicable federal and state laws and school and district policy. 

1. Look for and identify ethical issues. What feels wrong?  A student has come to me during individual counseling and inform me that she is being abuse by a step parent. As the counselor i will listen to the student to gain clarity. 

2. Obtain unbiased facts and look for distorted or missing information. As the counselor i will ask questions to gain additional information and facts. After gain the information do what i know now seem to be true and with this topic what are the legal guidelines. 

3. Identify the stakeholders and their motivation and influence. Understand situational factors.  Stakeholders in this situation includes student, family members and the abuser. 

4. Identify the values and look for competing values. Values in this situation includes justice for student who is being abused. 

5. Seek additional assistance and foster open discussion.  Reinforce the values of mutual respect and reason-giving. Because of the nature of the topic and legal guidelines for reporting, administrators and parent need to be notified . 

6. Formulate solutions using best-known ethical frameworks as a guide. After speaking with school administration and parents solution should included following school and state policy on reporting abuse. Report should be make by School Counselor.

7. Evaluate proposed alternatives including potential consequences. No additional alternatives should be made because by law when a student states their being abuse a report must be made. It’s up to the justice system to determine whether the claims are false. 

 8. Select and implement the most ethical solution.  Report suspected abuse or neglect to ChildLine by calling 1-800-932-0313. 

9. Monitor and assess the outcome. Provide family with resources and check in to follow up on student.

10. Work to avoid future problems. Continue to provided families and community with resources related to abuse.