Mandatory Reporting in Texas: Child Abuse and Neglect by Hannah Godfrey

Mandatory Reporting in Texas: Child Abuse and Neglect by Hannah Godfrey https://padlet.com/hgodfrey1/kzijiej7dhtroo30 For Principals en-us 2020-09-23 23:17:33 UTC 2020-09-28 00:50:29 UTC hello@padlet.com Slide 1: My Professional Perspective hgodfrey1 https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774026845
My name is Hannah Godfrey. I am a history/career and technical education teacher, as well as a girls coach at Miles ISD. Teaching high school is not my first career, and for that matter not my second either. I am a veteran of the United States Army and former business owner of Xtreme Fitness, a physical fitness company in San Angelo, Texas. My goal is to finish graduate school and continue on to earn my principal certification. In the mean time, I am enjoying teaching young minds and helping guide them on their path to success.

Mandatory reporting targets student safety. The community of Miles was struck with grief and despair by a student suicide and attempted suicide in our small school. We watched a community and school greave and wonder if there were signs and symptoms that teachers and staff over-looked. The topic of child abuse and child safety needs to be on the forefront of the teacher's and staff minds. They are are often the first line of defense for students.

The purpose of this topic is to aide principals about the guidelines and legalities that follow mandatory reporting in the state of Texas. The goal is to arm them with the knowledge and power of the law.
]]> 2020-09-23 23:21:27 UTC https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774026845 Slide 2: Interview with Miles ISD Principal hgodfrey1 https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774048878 Lela Taubert is the junior high and high school principal at Miles ISD. She graduated with Interdisciplinary Studies from Texas A&M in 2000 and continued to earn her Master of Education at Texas Tech University in 2004. In 2019, Mrs. Taubert earned her Superintendent Certification at Lubbock Christian University. She is a former elementary principal, worked at Region 17 as an instructional leader and at Region 15 Education Service Center.

During my conversation with Mrs. Taubert she informed me that mandatory reporting dominates her to-do-list daily. In regards to mandatory reporting, specifically abuse and neglect, she is proactively looking "every day, all day". Mrs. Taubert notified me of a new app called STOPit, which allows students to send a message directly to her anonymously. She monitors this app constantly and responds when necessary. As the principal, Mrs. Taubert coaches new teachers or staff members in how to report according to Texas Family Code (Texas Family Code §261.101(b)). Along with monitoring students and staff, Mrs. Taubert informed me she is revising several policies in the school that are within the faculty and student handbook to keep them up to date. She did not tell me when policies she is revising. (L.Taubert, Personal Communication, September 22, 2020)

For best practices of reporting abuse and neglect:
*Report suspected abuse within 48 hours
*Do not delegate the duty to anyone else
*Answer all question to the best of your ability
(Texas Family Code §261.101(b))

In the state of Texas, Senate Bill 11 (SB 11) is increasing safety and mental health support in schools. Senate Bill 11 (SB 11) includes the expansion of mental health initiatives and funding to increase safety and security on school campuses. Texas Education Agency (TEA) created a website to provide timely and in-depth information to be able to support the implementation of SB 11. Follow this link to the website: https://tea.texas.gov/texas-schools/safe-and-healthy-schools/school-safety.

Lela Taubert
JH/HS Principal
Miles ISD

Reference
L. Taubert, Personal Communication, September 22, 2020

Texas Education Agency. (n.d.). Senate Bill 11 (SB 11) and Other School Safety-Related Legislation. Retrieved September 23, 2020, from https://tea.texas.gov/about-tea/news-and-multimedia/correspondence/taa-letters/senate-bill-11-sb-11-and-other-school-safety-related-legislation

Texas Family Code. (n.d.). Retrieved September 27, 2020, from https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

]]> 2020-09-23 23:37:30 UTC https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774048878 Slide 3: Professional Association hgodfrey1 https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774049402 Link:
https://www.nassp.org/policy-advocacy-center/learn-the-issues/school-climate-and-safety/

The National Association of Secondary School Principals (NASSP) has a policy and advocacy center that lists the legislation and policies that are associated with school climate and safety.
NASSP believes that learning best occurs in an inviting, orderly school setting. Students need to feel safe and free from threats (theft, intimidation, bullying, weapons, drugs, or violence).
NASSP states that school leaders, staff and community members share responsibility to ensure a safe and orderly school environment.

Reference
School Climate and Safety. (2020, August 12). Retrieved September 25, 2020, from https://www.nassp.org/policy-advocacy-center/learn-the-issues/school-climate-and-safety/

]]> 2020-09-23 23:37:54 UTC https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774049402 Slide 4: Current News hgodfrey1 https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774050067 Link:
https://www.educationdive.com/news/child-maltreatment-reports-drop-as-educators-lose-access-to-students-during/578284/

A current issue related to the topic of mandatory reporting of child abuse and neglect is that the reporting of child maltreatment has dropped during the pandemic. Educators have lost access to students during the past few months causing many problems.
* Fewer cases of neglect and abuse reported due to school shutdowns caused by Covid-19
* Children staying home does not guarantee a safe environment for them. COVID-19 isolated families to their homes and added to a high stress environment from job losses and health risk anxiety, the children at risk are left unprotected form the abusers living with them.
* 20% of child neglect/abuse cases are filed by educators. Since isolation cases of abuse reported (not by educators) have drastically increased.
* While schools are social distancing, virtual home visits are giving professional access to the children.
* An issue with virtual home visits is that some families do not have access to internet and virtual home visits work best when a strong relationship already exists prior to the pandemic.

Reference
Rosa, S. (2020, May 21). Child maltreatment reports drop as educators lose access to students during closures. Retrieved September 27, 2020, from https://www.educationdive.com/news/child-maltreatment-reports-drop-as-educators-lose-access-to-students-during/578284/

]]> 2020-09-23 23:38:20 UTC https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774050067 Slide 5: Current News hgodfrey1 https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774050184 Link:
https://blogs.edweek.org/edweek/inside-school-research/2018/03/child_abuse_hinders_reading_math_achievement.html

* There is a nationwide over child abuse. 66 out of 1000 children are reported to be the subject of a formal investigation involving abuse or neglect.
* In general, principals are not notified if a child welfare investigation is ongoing. Even if there is a formal confirmation of abuse. Affects do make themselves known.
* The University of Michigan recognized achievement gaps in students who were investigated for child abuse and those who were not.
* Every Student Succeeds Act (Every Student Succeeds Act, 2015) requires states to track the educational progress of vulnerable students like those in foster care, more states may begin to look at the rates of abused children in their own districts.
* Students falling behind my indicate needed counseling or emotional support and not just academic enrichment.

Reference
Sparks, S. (2018, March 27). Principals: More of Your Students Might Be Abused or Neglected Than You Think. Retrieved September 27, 2020, from https://blogs.edweek.org/edweek/inside-school-research/2018/03/child_abuse_hinders_reading_math_achievement.html

]]> 2020-09-23 23:38:25 UTC https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774050184 Slide 6: Constitutional Law hgodfrey1 https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774050391 Child Abuse Prevention and Treatment Act (CAPTA)
*Key Federal legislation addressing child abuse and neglect.
*originally enacted January 31, 1974 (P.L. 93-247)
* Amended several times, and reauthorized on December 20, 2010, by the CAPTA Reauthorization Act of 2010 (P.L. 111-320).
*Amended in 2015, 2016, and 2018
* Amended again on January 7, 2019, this time by the Victims of Child Abuse Act Reauthorization act of 2018 (P.L. 115-424).
*CAPTA provide Federal funding and sets forth guidelines to States in support of prevention, assessment, investigations, prosecution, and treatment.
*Identifies federal role in supporting research, evaluation, technical assistance, and data collection activities.
* Establishes the Office on Child Abuse and Neglect
*Establishes a national clearinghouse of information that relates to child abuse and neglect.
* Sets forth a Federal definition of child abuse and neglect.

Reference
About CAPTA: A Legislative History. (n.d.). Retrieved September 26, 2020, from https://www.childwelfare.gov/pubs/factsheets/about/]]> 2020-09-23 23:38:35 UTC https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774050391 Slide 7: Administrative Law hgodfrey1 https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774050618 Texas Administrative Code, Chapter 61 (19 TAC §61.EE)
Commissioner's Rules on Reporting Child Abuse and Neglect
*Requires that school employees, or anyone contracted to work for the school that suspects child abuse or neglect submit a written or oral report to authorities within 48 hours or less.
* Each school year, as part of orientation, school districts will provide training as required by the Texas Education Code section 38, (TEC §38.0041) to all employees.
* School districts must display information about reporting in a high traffic, highly and clearly visible public area that is accessible to and widely used by students. Specifications of size are mandatory. Additionally, the current toll-free Texas Department of Family and Protective Services Abuse Hotline telephone number should be in bold print.
*Policy may not require a reporter to first address the administration prior to filing.

Reference
Texas Education Agency. (n.d.). Retrieved September 26, 2020, from https://tea.texas.gov/sites/default/files/2014_07_ch061ee.pdf]]> 2020-09-23 23:38:44 UTC https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774050618 Slide 8: Statutory Law hgodfrey1 https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774050727 Texas Family Code 261 (TFC § 261)
*Requires any person having cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person to immediately make a report to DFPS.
*Texas Family Code 261 defines abuse and neglect as:

 Mental or emotional injury to a child resulting in observable and material impairment in the child’s growth, development, or psychological functioning.

 Causing or permitting a child to be in a situation that causes mental or emotional injury resulting in an observable and material impairment.

 Failure to make an effort to prevent an action by another person that results in bodily injury

 Physical injury

 Encouraging the child to take part in sexual conduct as defined Texas Penal Code 43.01 (T.P.C § 43.01) , or compelling prostitution under section 43.05 (T.P.C § 43.05)

Reference
Texas Family Code. (n.d.). Retrieved September 26, 2020, from https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

]]> 2020-09-23 23:38:49 UTC https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774050727 Slide 9: Judicial Law hgodfrey1 https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774051009 Ohio v. Clark, 2015

* The case Ohio v. Clark (2015) held that the mandatory reporting duty of daycare teachers into "agents of the state for law-enforcement purposes" and the out of court states from the child to the teacher counts as a "testimonial" under the Confrontation Clause ( U.S. Const. amend. XI, § 6)
* Teacher reported that the child came to school with scratches and bruises on his body. Teacher questioned him, attorneys argued that the testimonial to the teacher could not be used against him.

Reference

6th Amendment. (n.d.). Retrieved September 24, 2020, from https://www.govinfo.gov/content/pkg/GPO-CONAN-1992/pdf/GPO-CONAN-1992-10-7.pdf

Supreme Court. (n.d.). Retrieved from https://www.supremecourt.gov/qp/13-01352qp.pdf

]]> 2020-09-23 23:39:00 UTC https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774051009 Slide 10: Local Administrative Law hgodfrey1 https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774051977 Link
https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/730491/HS-JH-Handbook-2019.pdf

Miles ISD JH/HS Handbook

In the Miles ISD student handbook, abuse reporting is located on page 34. This section informs the student and parent of how to recognize abuse and neglect according to the Texas Family Code 261. This section also provides website and telephone information for CPS, as well as several links about abuse and child welfare information.

Reference

Miles ISD. (n.d.). Retrieved from https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/730491/HS-JH-Handbook-2019.pdf

]]> 2020-09-23 23:39:37 UTC https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774051977 Slide 11: Ethical Principal hgodfrey1 https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774052145 Code of Ethics, Texas Administrative Code (19 TAC § 247.2)

*Texas Administrative Code is the statutory law over the teacher code of ethics.
* Standard 1.7: The educator shall comply with state regulations, written local school board policies, and other state and federal laws.

This code of ethics seems to be broad but it encompasses the explanation as to why we must report. Not meeting this standard can cause educators to be in violation of the Texas Family Code 261 (TFC § 261).

Reference
Code of Ethics. (n.d.). Retrieved September 26, 2020, from http://teachercodes.iiep.unesco.org/teachercodes/codes/America/USA/USA_Texas.pdf

]]> 2020-09-23 23:39:45 UTC https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774052145 Slide 12: Non-law Source hgodfrey1 https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774052359 Link
https://www.cfchildren.org/blog/2019/03/key-reasons-why-educators-are-essential-to-child-abuse-prevention/

This article gives the educator three reasons why educators are essential to child abuse prevention. At times, educators may need to feel like there is a purpose for them to follow through with mandatory reporting. The three reasons are, an educator may be the only one who hears about the child abuse,
educators can be the last line of defense for a child being abused at home and, educators actions can lead to increased reporting of abuse. Often educators are fearful of making inaccurate accusations even though they feel like they are correct in the assumption.

Reference
Gulbrandson, K. (2019, July 22). 3 Reasons Why Educators Are Essential to Child Abuse Prevention. Retrieved September 28, 2020, from https://www.cfchildren.org/blog/2019/03/key-reasons-why-educators-are-essential-to-child-abuse-prevention/

]]> 2020-09-23 23:39:53 UTC https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774052359 Slide 13: Best Practices for Compliance hgodfrey1 https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774052493 1. Report suspected abuse within 48 hours, (Texas Family Code §261.101(b)
2. Make the report in good faith without ill intension.
3. You are not required to report to an administrator prior to making a report.
4. Never delegate the duty to report to any other person (Texas Family Code §261.101(b)

5. When filing, answer all questions to the best of your ability and be sure to provide detailed descriptive information about the situation.
6. Be sure to complete training over child neglect and abuse yearly to stay up to date.

Reference

Texas Education Agency. (n.d.). Retrieved September 26, 2020, from https://tea.texas.gov/sites/default/files/2014_07_ch061ee.pdf

]]> 2020-09-23 23:39:59 UTC https://padlet.com/hgodfrey1/kzijiej7dhtroo30/wish/774052493