Duty to Report by Casey Evans

#1 My Professional Perspective/Audience/Topic

cevans302 — 2024-12-03 02:11:17 UTC

My presentation is geared towards educating teachers at staff development so that they are better informed of their duty to report signs of suspected abuse as that issue is an obligation of all educators. My professional perspective as a school counselor in regards to duty to report is to follow the American School Counseling Association standards, federal law, state law and school policy (ASCA, 2022). As a school counselor, helping students become more well-rounded in the areas of academics, social, emotional and behavior is my priority. I chose this topic to learn more about the laws behind mandatory reporting. I want to ensure that we as educators are educated as to the warning signs of abuse in order to keep students safe.

#2 Governing Agency

cevans302 — 2024-12-03 02:12:10 UTC

The American School Counseling Association (ASCA) guides school counselors with providing standards for a multitude of topics including duty to report. ASCA helps to define the role of school counselors and the reasons or why for having them in the school setting (Schmidt & Ciechalski, 2001). The Texas Education Agency (TEA) is our guiding force as educators. This governing body provides our certificates and it is where grievances can be filed as well if warranted (TEA, 2024). The State Board of Education (SBEC) was founded in 1995 and consists of 15 members. This groups helps to govern the standards set forth for educators in Texas. For cases of duty to report, the Department of Family and Protective Services is the agency that investigates cases of child abuse and at times questions students at school. Although necessary under the law, the school interviews can be unsettling for many students (Woodward, A., 2022). Local law enforcement agencies at times are needed to intervene in child abuse cases as well to protect the safety of students. As far as federal agencies that govern mandatory reporting, the Department of Health and Human Services (HHS) is the guiding force. The Administration for Children and Families is the division that governs mandatory reporting in the Department of Health and Human Services.

#3 Federal and State Constitutional Laws

cevans302 — 2024-12-03 02:12:56 UTC

The Constitutional law that governs a school counselors duty to report is Child Abuse Prevention and Treatment Act (Public Law 111-320, 124 Stat. 3459 (2010). This law was originally passed in 1974 and reauthorized in 2010. This law directs states to pass and follow mandatory reporting laws for those who work with children.

https://www.congress.gov/bill/111th-congress/senate-bill/3817

Gives guidance to states on requirements
Helps with funding for prevention programs
Aims to improve services provided to victims
Provides increased support for victims of domestic violence

The Texas state law that governs duty to report is under the Texas Family Code 261.101. The law says that anyone who works with children and thinks the child is being abused or neglected is obligated to report the situation to Child Protective Services (TFC § 261.101). In the state of Texas, this law is mandatory. Legal action can be taken for non-compliance. For instance, if a student makes an outcry about an abusive situation at home we as the educators are bound by law to report the case.

https://statutes.capitol.texas.gov/docs/fa/htm/fa.261.htm

Details who is responsible for reporting
What types of abuse are reportable
Need to report in a timely manner

#4 Statute and Administrative Law

cevans302 — 2024-12-03 02:13:32 UTC

Federal Administrative Law: Family Educational Rights and Privacy Act (FERPA)

FERPA allows school personnel to break confidentiality in cases where duty to report is necessary (20 U.S.C.§1232g (1974).

https://studentprivacy.ed.gov/ferpa

Law which details out privacy protection rules for schools receiving funding through the Department of Education
FERPA protects individuals privacy, but in this case it protects school counselors from protecting the student’s privacy and reporting the suspected abuse.

Federal Statute: Victims of Child Abuse Act

This statute involves anyone working in federal facilities such as teachers and school counselors (42 U.S.C. 13031). Under this statute, any information that makes one suspect abuse should be reported as soon as possible.

https://www.congress.gov/bill/101st-congress/house-bill/4688

The Victims of Child Abuse Act states that educators have a duty to report and also are to be trained as to the signs as well as how to report.

Texas Administrative Law:

Texas Administrative Code 510.46 require professionals to report abuse of children in Texas (TAC §510.46). The duty to report cannot be handed over to another party. The duty falls on the individual whom the report was given to. Reports should be made as soon as possible to 911 or the Texas Abuse Hotline 800-252-5400.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=F&p_rloc=195297&p_tloc=9615&p_ploc=1&pg=2&p_tac=&ti=26&pt=1&ch=510&rl=46

States types of abuse and neglect that are reportable
Details who is responsible for reporting

Texas Statute:

Texas Statute section 261.101 states that if “a person 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. (TFC § 261.101).

https://statutes.capitol.texas.gov/docs/fa/htm/fa.261.htm

Professionals are required to make reports within 48 hours of suspected abuse

#5 Common or Case Laws

cevans302 — 2024-12-03 02:14:14 UTC

In the court case, an attorney did not report signs of suspected child abuse (Khulmann and T.D.P.R.S. vs Benson, 1998). A footnote states that this is a violation of the Texas Family Code for failing to report the suspected abuse (TFC § 261.101).

If you have cause to believe it is your duty to report.
Importance of this case for educators is that if you have reasonable suspicion then report.
This case is important because educators often are unsure whether to report or not.
Reporting is mandatory if there is suspicion of abuse.

#6 Federal Regulation or Mandate

cevans302 — 2024-12-03 02:14:49 UTC

This regulation requires professionals working in buildings that a federally funded to report suspected abuse (42 U.S.C. § 13031).

https://uscode.house.gov/view.xhtml?req=granuleid:USC-2000-title42-section13031&num=0&edition=2000

Defines abuse
Defines which professionals should report
Discusses immunity given to people who report in good faith

#7 Local Administrative Law/Policy/Rule

cevans302 — 2024-12-03 02:15:24 UTC

The local policy at Liberty ISD mirrors the state policy on an educator’s duty to report if abuse is suspected (LISD, FFG). The educator is mandated by state law to report the suspected abuse as soon as possible to local law enforcement or Child Protective Services. The local policy further states that reporting to an administrator is not sufficient and not mandatory. The policy also details out the consequences if failure to report is an issue. Failure to report is unlawful, can result in board policy sanctions such as termination and also can result in the State Board of Education suspending the educator's certificate.

https://pol.tasb.org/PolicyOnline/PolicyDetails?key=818&code=FFG#legalTabContent

Reporting must be done in a timely manner to Child Protective Services or law enforcement
Report must be made by individual who student told the information
Failure to report is against the law and can carry consequences

#8 Three Risk Management Strategies

cevans302 — 2024-12-03 02:15:59 UTC

As an educator, there are some risk management steps that can be taken to ensure that we are prepared to fulfill our role as mandatory reporters if abuse is suspected.

Yearly training is offered by the school that includes where and how to report, signs of physical, sexual and emotional abuse as well as neglect (DSHS, 2024).
Awareness that if we do not report on behalf of children, legal actions could be taken as well as we as professional could put students in danger further by not reporting.
Reports are confidential and anonymous. Educators are to report and are protected under the law from criminal and civil liability if the report is made with good intentions (Texas Family Code § 261.106).

#9 Ethical Principle

cevans302 — 2024-12-03 02:16:28 UTC

Duty to Report - Ethical Standard A.12

This standard states that school counselors must follow states and school guidelines for reporting suspected abuse (ASCA, 2022). School counselor must also be knowledgeable as to the warning signs of suspected abuse. The standard goes on to give guidance that school counselors should offer resources and services to students who have been through abuse. This standard is important for all educators not just school counselors. As educators, we have a duty to report suspected abuse. For school counselors, the guidance on offering services, such as outside counseling, to students who have experienced abuse is important.

#10 Personal Connection to the Legal and Ethical Standards

cevans302 — 2024-12-03 02:17:02 UTC

As a former teacher and current school counselor, mandatory reporting is a topic that educators are trained on each year before school begins. ASCA details out the expectations of educators from knowing warning signs to reporting suspected abuse. A school counselor’s duty to report suspected abuse whether it be sexual, physical or verbal is a legal and ethical dilemma in the field. As an educator, the duty to report is an area that educators are reminded of and trained on each year. School counselors are trusted sources and often meet with students who make outcries. As a school counselor, a couple of issues impede our duty to report. Per the article by Waalkes, school counselors often worry about consequences of reporting such as how will it negatively affect the child and sometimes the lack of knowledge of signs or second guessing oneself (Waalkes et al, 2022).

#11 Recommendations/Best Practices for Compliance

cevans302 — 2024-12-03 02:17:30 UTC

Texas abuse online reporting site: https://www.txabusehotline.org/Login/Default.aspx
Hotline: 1-800-252-5400
Let supervisor know, but know that whoever the child reported to will need to make the report
Report suspected abuse in a timely manner; the sooner the better
Provide the information reported by the student to Child Protective Services (CPS)
Keep notes on the information reported as well as any case number given to you by CPS in case additional information is needed to report.

References

cevans302 — 2024-12-03 02:17:52 UTC

42 U.S.C. § 13031

American School Counselor Association (ASCA). (2022). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/f1b08a0f-d965-4d7a-b6b5-76eeda2fa468/Ethical-Standards.pdf

Texas Department of State Health Services (DSHS). (2024).

Family Educational Rights and Privacy Act (FERPA). 20 U.S.C.§1232g (1974). U.S. Department of Education. https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

https://www.hhs.gov/

Re Alfred Kuhlman, Jr. (1998 Tex. App. Lexis 7140)

Liberty Independent School District (LISD). (2024). Policy FFG.

Public Law 111-320, 124 Stat. 3459 (2010).

Schmidt, J. & Ciechalski, J (2001). School counseling standards: a summary and comparison with other student services’ standards. Professional School Counseling, 4(5), 328–333.

Texas Administrative Code § 510.46.

Texas Education Agency (TEA). (2024). www.tea.texas.gov

Texas Family Code § 261.101.

Texas Family Code § 261.106.

Victims of Child Abuse Act 42 U.S.C. § 13031.

Waalkes, P et al (2022). A Q Methodology Investigation of School Counselors’ Beliefs and Feelings in Reporting Suspected Child Sexual Abuse. Journal of Child Sexual Abuse, 31(8), 911–929.

Woodward, A. (2022) Transgender student, 13, interrogated in school by Texas agency over “child abuse” order; The state’s Department of Family and Protective Services is still investigating families over the governor’s directive despite court orders to shut them down, filings reveal. The Independent (Online).