Legal & Ethical Guide by Erin Wyatt https://padlet.com/ewyatt21/lyoncky6l190 Made with a curious mind en-us 2019-07-21 16:09:39 UTC 2026-03-17 21:23:49 UTC hello@padlet.com Slide #1 Professional Perspective ewyatt21 https://padlet.com/ewyatt21/lyoncky6l190/wish/371796765 This Padlet is created from the perspective of a future school counselor. All educators must be vigilant in understanding and reporting possible child abuse. Protecting a child's mind and body should be our utmost concern.  ]]> 2019-07-21 16:11:49 UTC https://padlet.com/ewyatt21/lyoncky6l190/wish/371796765 Slide #2 Interview ewyatt21 https://padlet.com/ewyatt21/lyoncky6l190/wish/371796774 It is important for school counselors to be aware of the legal guidelines for reporting child abuse in order to train teachers correctly. "In 2014, between four and five children died every day from child abuse or neglect" (Childhelp, 2019). It is best practice for teachers to be educated on child abuse protocol:
  • report suspected abuse within 48 hours.
  • mental, physical, sexual, & emotional abuse are all forms of child abuse.
  • do not rely on someone else to report abuse.
  • teachers do not have to get permission to report abuse.
It is in the best interest of school counselors to be aware of current laws and changes to laws. An emerging issue to keep in mind is the subject of guardian changes. It is imperative that counselors and school personnel be aware of parental rights and court decisions concerning child safety.

]]> 2019-07-21 16:12:13 UTC https://padlet.com/ewyatt21/lyoncky6l190/wish/371796774 Slide #3 Professional Association ewyatt21 https://padlet.com/ewyatt21/lyoncky6l190/wish/371796797 The American School Counselor Association provides information, resources, and ethical standards concerning child abuse. Links and webinars are available for access from their website.
https://www.schoolcounselor.org/school-counselors-members/legal-ethical
American School Counselor Association. (2019). Legal and ethical. Retrieved from https://www.schoolcounselor.org/school-counselors-members/legal-ethical]]> 2019-07-21 16:13:11 UTC https://padlet.com/ewyatt21/lyoncky6l190/wish/371796797 Slide #4 Current News Article ewyatt21 https://padlet.com/ewyatt21/lyoncky6l190/wish/371796830 An article in Education Week reports that studies show an increase in reported child abuse after report cards are sent home. Sending report cards home on a Friday, could lead to abuse over the weekend (Sparks, 2018).

Sparks, S.D. (2018). Friday report cards may raise risk of child abuse, says study. Education Week. Retrieved from
http://blogs.edweek.org/edweek/inside-school-research/2018/12/weekend_report_cards_child_abuse_risk.html 

]]> 2019-07-21 16:13:56 UTC https://padlet.com/ewyatt21/lyoncky6l190/wish/371796830 Slide #5 Current News Article ewyatt21 https://padlet.com/ewyatt21/lyoncky6l190/wish/371796836 Education Week provides an article that addresses the importance the school has on teaching courage. Having courage to report sexual abuse is a trait that can be cultivated by our schools (Berkowicz & Myers, 2017).

Berkowicz, J. & Myers, A. (2017). Developing the courage to report sexual abuse begins in schools. Education Week. Retrieved from https://blogs.edweek.org/edweek/leadership_360/2017/11/developing_the_courage_to_report_sexual_abuse_begins_in_schools.html  ]]> 2019-07-21 16:14:23 UTC https://padlet.com/ewyatt21/lyoncky6l190/wish/371796836 Slide #6 Constitutional Law ewyatt21 https://padlet.com/ewyatt21/lyoncky6l190/wish/371796849 U.S. Const. amend. IV
https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0
The fourth amendment states that every person has the right to be secure in their house. This includes a child’s right to feel safe at home.

]]> 2019-07-21 16:14:55 UTC https://padlet.com/ewyatt21/lyoncky6l190/wish/371796849 Slide #7 Statutory Law ewyatt21 https://padlet.com/ewyatt21/lyoncky6l190/wish/371796856 Texas Education Code, 261 Tex. Edu. Code § 38.004
https://statutes.capitol.texas.gov/SOTWDocs/ED/htm/ED.38.htm
School district employees must cooperate with law enforcement when investigating child abuse. Parent consent is not required. Districts must also conduct employee trainings on the prevention of child abuse as part of staff development.]]> 2019-07-21 16:15:03 UTC https://padlet.com/ewyatt21/lyoncky6l190/wish/371796856 Slide #8 Administrative Law ewyatt21 https://padlet.com/ewyatt21/lyoncky6l190/wish/371796859 Reporting Child Abuse and Neglect, 19. Tex. Admin. Code § 61.1051
http://ritter.tea.state.tx.us/rules/tac/chapter061/ch61ee.html 
Under state law, teachers must report suspected child abuse within 48 hours to a local or state agency.]]> 2019-07-21 16:15:08 UTC https://padlet.com/ewyatt21/lyoncky6l190/wish/371796859 Slide #9 Judicial Law ewyatt21 https://padlet.com/ewyatt21/lyoncky6l190/wish/371796861  Judicial Law
Ohio v. Clark, 576 US 13 1352 (2015).
https://www.supremecourt.gov/opinions/14pdf/13-1352_ed9l.pdf
The Supreme Court ruled that teachers can act as law enforcement agents when suspecting and investigating possible abuse against a student. ]]> 2019-07-21 16:15:14 UTC https://padlet.com/ewyatt21/lyoncky6l190/wish/371796861 Slide #11 Ethical Principle ewyatt21 https://padlet.com/ewyatt21/lyoncky6l190/wish/371796871 The American School Counselor Association, ASCA, has ethical standards that support student development. According to standard A.1.g., it is a counselor's duty to be knowledgeable on the laws and policies that are set in order to protect students (ASCA, 2016).

American School Counselor Association. (2016). ASCA ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf]]> 2019-07-21 16:15:35 UTC https://padlet.com/ewyatt21/lyoncky6l190/wish/371796871 Slide #12 Non-Law Source ewyatt21 https://padlet.com/ewyatt21/lyoncky6l190/wish/371796885 Texas Department of Family and Protective Services is a website that provides information and resources concerning child abuse. Child Protective Services (CPS) is the organization that one should contact if child abuse is suspected.

Texas Department of Family and Protective Services. (2019). Child protective services. Retrieved from
https://www.dfps.state.tx.us/child_protection/]]> 2019-07-21 16:15:56 UTC https://padlet.com/ewyatt21/lyoncky6l190/wish/371796885 Slide #13 Recommendations ewyatt21 https://padlet.com/ewyatt21/lyoncky6l190/wish/371796913
  • districts should not only provide but ensure that all staff understands the importance of reporting suspected child abuse.
  • counselors and administrators should stress the importance of developing a relationship with each student.
  • districts should provide a "go-to guide" as a reference for teachers to refer to if child abuse is suspected.
  • do not rely on someone else to report possible abuse (Tex. Edu. Code § 38.004).
  • must cooperate with law enforcement during an investigation.
  • law enforcement does not have to receive parental consent when investigating (19 AC § 61.1051).  
    • ]]>     2019-07-21 16:16:40 UTC https://padlet.com/ewyatt21/lyoncky6l190/wish/371796913     Slide #10 Local Law ewyatt21 https://padlet.com/ewyatt21/lyoncky6l190/wish/371810010 Brownsboro Independent School District has established specific protocol concerning child abuse. The expectations of all faculty in reporting suspected child abuse is outlined in the BISD Faculty Handbook.

    https://www.gobearsgo.net/BISD%20Handbook%20_1_.pdf

    ]]>     2019-07-21 21:59:07 UTC https://padlet.com/ewyatt21/lyoncky6l190/wish/371810010     Slide #2 cont. ewyatt21 https://padlet.com/ewyatt21/lyoncky6l190/wish/371815596 Knowing who is allowed to interact, visit on campus, or pick-up a student is the responsibility of the school to enforce. Angela Volentine, Brownsboro Intermediate School Counselor, explained the pressure and importance of this matter. Ms. Volentine expressed her sense of duty in ensuring that school records are updated and accurate. "Parents entrust their children to the school and we must honor and protect their rights" (personal communication, Volentine, July 15, 2019).

    Childhelp. (2019). Child abuse statistics and facts. Retrieved from http://www.childhelp.org/child-abuse-statistics/]]>     2019-07-21 23:24:04 UTC https://padlet.com/ewyatt21/lyoncky6l190/wish/371815596