Legal & Ethical Guide: Child Abuse Reporting Duties of School Counselors by https://padlet.com/emilyermis/kueq7z0f42h3 Emily Ermis: Angelo State University en-us 2019-07-17 16:19:46 UTC 2019-07-18 02:51:17 UTC hello@padlet.com Slide 13: Recommendations & Implications emilyermis https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465476
  • Know the definitions of the different types of abuse (emotional, physical, sexual, psychological, neglect).
  • Know and review the signs of abuse frequently. 
  • Remember that instances of abuse between minor students are also forms of child abuse.
  • Know, understand, and follow the laws, ethics, and local policies on reporting child abuse.
  • Consult with other professionals when complicated situations arise.
  • Always let students know that confidentiality is not possible in cases of suspected abuse so trust is not broken.
  • Report all cases of suspected abuse to law enforcement, Child Protective Services, or an appropriate state agency within 48 hours or less.
  • Report cases of sexual abuse immediately. Time is crucial to the investigation. 
  • It is not your job to investigate or confirm the abuse. It is only your job to report it.
  • Also report the suspected abuse to the campus principal and/or appropriate administrators, but do not rely on them to make the report.
    • ]]>     2019-07-17 16:24:45 UTC https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465476     Slide 12: Non-Law Source emilyermis https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465501 This article describes the importance of school counselors as they advocate for students through their role as mandated reporters. It points out the obstacles and anxieties that counselors face in their reporting duties, and it describes how counselors can become more comfortable with reporting by attending training programs and adhering to school policies and ethical standards.

    References
    Valkyrie, K. T., Creamer, D. A., & Vaughn, L. (2008). Mandatory Reporting and School Counselors: Reporting Laws, Obstacles, and Solutions. Alabama Counseling Association Journal, 34(1), 18–33. Retrieved from http://search.ebscohost.com.easydb.angelo.edu/login.aspx?direct=true&db=eric&AN=EJ875391&site=eds-live]]>     2019-07-17 16:25:04 UTC https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465501     Slide 11: Ethical Principle emilyermis https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465514 American School Counselor Association Ethical Standard A.11.d states that school counselors must "develop and maintain the expertise to recognize the signs and indicators of abuse and neglect."

    This standard emphasizes the responsibility that counselors have to educate themselves about the signs of child abuse so they can be recognized and reported. Ignorance is not an excuse to not make a report.

    References
    American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf]]>     2019-07-17 16:25:17 UTC https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465514     Slide 10: Local Policy emilyermis https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465521 The Wichita Falls Independent School District (WFISD) Employee Handbook (2017) states:
    • All employees are required to report suspected child abuse or neglect to law enforcement, Child Protective Services, or an appropriate state agency within 48 hours.
    • Employees must make a report if there is reason to believe an adult was the victim of abuse as a child and that the disclosure of the information would protect another child or disabled person.
    • An employee may not rely on anyone else to make the report.
    • Any person reporting abuse is immune from liability unless the report is made maliciously or in bad faith.
    • The district cannot retaliate against an employee who reports abuse.
    • Failure to report can result in a misdemeanor or disciplinary action by the State Board of Educator Certification.
    • Abuse must also be reported to the campus principal after reporting to the appropriate agency.

    References
    Wichita Falls Independent School District. (2017). Employee Handbook, Reporting Suspected Child Abuse. Retrieved from https://www.wfisd.net/site/handlers/filedownload.ashx?moduleinstanceid=23687&dataid=34053&FileName=WFISD%20Handbook%20Updated%209.12.17.pdf
    ]]>     2019-07-17 16:25:24 UTC https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465521     Slide 9: Source of Law emilyermis https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465531 State statutory law: Tx. Family Code § 261.101 
    • Requires school employees to report abuse within 48 hours after abuse is suspected.
    • They may not delegate or rely on another person to make the report. 
    ]]>     2019-07-17 16:25:30 UTC https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465531     Slide 8: Source of Law emilyermis https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465538 Administrative Law: Tx. Admin. Code § 61.1051 
    • Requires all school employees to report suspected child abuse in written or oral form within 48 hours. 
    Reports can be made to: 
    1. a local or state law enforcement agency
    2.  the Texas Department of Family and Protective Services, Child Protective Services Division
    3. a local office of Child Protective Services, where available
    4. the state agency that operates, licenses, certifies, or registers the facility in which the alleged child abuse or neglect occurred.
    ]]>     2019-07-17 16:25:36 UTC https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465538     Slide 7: Source of Law emilyermis https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465543 Judicial Law: Smith v. State of Indiana, 982 N.E.2d 348
    • A high school principal from the state of Indiana was convicted of failure to report under a mandated reporter law. 
    • A student reported to Smith that she had been raped by another student. 
    • The principal notified the student’s parents and had her taken to the hospital
    •  The principal conducted his own investigation instead of reporting to proper authorities.
    ]]>     2019-07-17 16:25:40 UTC https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465543     Slide 6: Source of Law emilyermis https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465564 Federal Statutory Law: 18 U.S.C. § 1169 
    • Requires all teachers, aides, counselors, teacher assistants, and bus drivers to report suspected child abuse.
    • Failure to report can result in fines and imprisonment.
    ]]>     2019-07-17 16:25:46 UTC https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465564     Slide 5: News Articles emilyermis https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465575 The Times Record News published an article describing the arrest of an elementary principal for failing to report an alleged sexual assault that occurred on her campus. A student's home room teacher found images on a school iPad of three 6-year-old juvenile males who were engaging in sexual acts with one another while in the classroom and reported it to the principal (Johnson, 2018). A parent of one of the students reported the incident to Child Protective Services (CPS) several days later. When CPS investigated, they discovered the principal never made a report and sent the children home, which put them at risk for further abuse (Johnson, 2018).

    Although the article is about a principal, counselors are held to the same reporting standards. The article provides counselors with an example of what can happen when they fail to report suspected abuse, even if the abuse is between young children.

    References
    Johnson, P. (2018). Second WFISD principal charged with failure to report abuse [Editorial]. Times Record News. Retrieved from https://www.timesrecordnews.com/story/news/crime/2018/02/05/second-wfisd-principal-charged-failing-report-abuse/309167002/]]>     2019-07-17 16:25:52 UTC https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465575     Slide 4: News Articles emilyermis https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465579 The West Virginia Education Association shared an article about a principal who was charged with a misdemeanor for failure to report sexual abuse that occurred on his campus.  A 15-year-old female was sexually assaulted on campus, and the school counselor reported the incident to the principal. The principal ordered other staff to wait on reporting until surveillance footage could be reviewed. When the footage was reviewed the next day, evidence was found showing the assault had occurred (Speciale, 2019). A 17-year-old male student was arrested for second-degree sexual assault. The delay in reporting the sexual assault potentially harmed the investigation due to the kind of evidence that needed to be collected.

    This article provides an example of why immediate reporting is crucial in sexual abuse cases. By waiting to review evidence, the principal compromised the investigation. As educators it is our responsibility to make the report; it is not our responsibility to investigate.

    References
    Speciale, S. (2019). Capital principal faces charge after failing to report alleged sexual assault [Editorial]. West Virginia Education Association. Retrieved from https://www.wvea.org/content/capital-principal-faces-charge-after-failing-report-alleged-sexual-assault]]>     2019-07-17 16:25:56 UTC https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465579     Slide 3: Professional Association emilyermis https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465587 A blog titled, "Child Abuse: Who Must Report?", posted by the American School Counselor Association (ASCA) informs school counselors about their mandated reporting duties. It emphasizes the importance of knowing your state's laws surrounding child abuse reporting duties. Some states allow counselors to delegate reporting duties to other staff members, while other states (such as Texas) require counselors to report the abuse themselves. The blog gives several examples of cases where educators were arrested for failure to report, and it emphasizes the counselor's legal, ethical, and moral responsibilities of reporting abuse (Stone, 2011).

    References
    Stone, C. (2011). Child Abuse: Who Must Report? Retrieved from https://www.schoolcounselor.org/magazine/blogs/november-december-2011/child-abuse-who-must-report]]>     2019-07-17 16:26:01 UTC https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465587     Slide 2: Interview emilyermis https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465589 Charlotte Brown, counselor at Seymour High School, was interviewed on the subject of child abuse reporting duties of school counselors. One of the biggest challenges she faces as a counselor is knowing when to report suspected child abuse or neglect. She stated that many students come to her about family conflicts, but it can be difficult to determine when abuse or neglect is occurring (C. Brown, personal communication, June 20, 2019). Furthermore, it is her opinion that CPS often "triages" their reports and chooses to focus their efforts on younger children, making high school students the last priority. This negatively impacts our students physically, psychologically, and educationally (C. Brown, personal communication, June 20, 2019). Abuse is a risk factor for mental health disorders, substance abuse disorders, and suicidal ideation, which is now the second-leading cause of death in young people (Kitchner & Jorm, 2012). Identification and reporting of abuse is critical to the counselor's role in advocating for students.

    Mrs. Brown indicated that students abusing other students is an emerging issue related to child abuse reporting. She stated that there have been many incidents where educators have been arrested for failure to report abuse that occurred between students (C. Brown, personal communication, 2019). Many educators are unaware that abuse does not have to come from a family member or caregiver. Sexual abuse that occurs between students is also child abuse that must be reported. 

     Mrs. Brown listed several best practices for counselors to consider when dealing with suspected abuse:
    • Know the laws about mandated reporting.
    • Know and adhere to the definitions of child abuse. Be able to distinguish between abuse and "bad parenting". 
    • Consult with colleagues when you are unsure about what to do.
    •  Discuss the need to report and the necessity of breaking confidentiality with the student.
    • When in doubt, report. (C. Brown, personal communication, June 20, 2019).

    References
    Kitchner, B. A., & Jorm, A. F. (2012). Youth mental health first aid USA: For adults assisting young people. Baltimore, MD: Mental Health Association of Maryland.

     
    ]]>     2019-07-17 16:26:04 UTC https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465589     Slide 1: Perspective/Audience/Topic emilyermis https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465594 I am a former classroom teacher, and I am currently a student seeking a Master's degree in Guidance and Counseling. Since I am a future counselor, it is critical to know the laws and ethics surrounding child abuse reporting. I chose this topic because I will inevitably face situations of child abuse in my future role. This guide is intended to inform current or future school counselors about their legal and ethical responsibilities when reporting cases of suspected child abuse or neglect. ]]> 2019-07-17 16:26:08 UTC https://padlet.com/emilyermis/kueq7z0f42h3/wish/371465594