One emerging issue related to mandated reporting for suspected child abuse is the use of technology and digital platforms in both the perpetration and detection of abuse. School counselors and other professionals may encounter disclosures related to digital abuse, which can be more difficult to detect compared to traditional forms of abuse. This raises the challenge of how mandated reporters can identify and respond to digital abuse, especially when it occurs outside the physical school environment.

This document outlines the professional and ethical responsibilities of school counselors, including those related to mandated reporting of suspected child abuse. It provides guidelines on how school counselors should handle situations where they suspect abuse, how to report it, and how to protect the child’s welfare while maintaining professional integrity.

Website Link to ASCA's Ethical Standards:

• ASCA’s official website: https://www.schoolcounselor.org

  
  

The cases presented here are some of the recent questions ASCA has received, such as:

• Alerting the Alleged Abuser

• Parents Demand to See Child Abuse Report

• Report Multiple Times 

• Parental Substance Abuse and Child Abuse

Topics include:

• A new paradigm: Mandatory support

• A Broken System

• What We Can Do

https://www.aft.org/news/when-mandated-reporting-does-more-harm-good-tools-new-approach

The Child Abuse Prevention and Treatment Act (CAPTA) is a key piece of federal legislation in the United States that addresses child abuse and neglect. It was originally enacted in 1974 and has been reauthorized several times since. The law sets minimum standards for states to follow to receive federal funds aimed at preventing child abuse and neglect, and it provides guidelines for the protection and treatment of children who have been abused or neglected (Child Abuse and Treatment Act, 1974).

Link: https://www.congress.gov/bill/93rd-congress/senate-bill/1191#:~:text=Listen,$15%2C000%2C000;%20$20%2C000%2C000%20$25%2C000%2C000%20and%20$25%2C000%2C000.

Tex. Fam. Code § 261.101 is the section of the Texas Family Code that mandates the reporting of child abuse or neglect in the state of Texas. This law establishes the legal obligation for certain professionals and other individuals to report suspected child abuse or neglect to the appropriate authorities (Tex. Fam. Code § 261.101).

Link:  https://statutes.capitol.texas.gov/docs/fa/htm/fa.261.htm#:~:text=OR%20NEGLECT;%20IMMUNITIES-,Sec.,as%20provided%20by%20this%20subchapter.

Tex. Fam. Code § 261.109 addresses the confidentiality of the identity of individuals who report suspected child abuse or neglect in Texas. This section is an important provision in the state's child protection laws, ensuring that those who report abuse or neglect are not subject to retaliation or harm due to their actions (Tex. Fam. Code § 261.109).

Link:  https://statutes.capitol.texas.gov/StatutesByDate.aspx?code=FA&level=SE&value=261.109&date=3/30/2015

School counselors are mandated to report any suspicion of child abuse or neglect to the appropriate authorities (ASCA, 2022, Standard A.12).  This standard reflects a legal and ethical obligation for school counselors to take action if they suspect a child is being abused or neglected. While the exact reporting process may vary by jurisdiction, this standard underscores that school counselors are mandated reporters under state laws, which means they are required to report suspected abuse or neglect to the appropriate authorities, typically child protective services (CPS) or law enforcement.

Link:  https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Katy Independent School District (Katy ISD), located in Texas, has a clear policy regarding the reporting of suspected child abuse or neglect. This policy aligns with both state law and district guidelines to ensure the protection and well-being of children in the district. The district follows the Texas Family Code and other relevant laws, as well as ethical standards set by professional organizations like the American School Counselor Association (ASCA). 

Link: https://www.katyisd.org/cms/lib/TX50010808/Centricity/Domain/3804/Additional%20Statue%20Requirements.pdf

Standard A.8. (Legal and Ethical Responsibilities)

This standard speaks to the overall ethical and legal duties of the counselor, emphasizing the need to act within the law and uphold ethical standards. It asserts that counselors must act to protect the well-being of students, which includes following mandatory reporting laws. (American School Counselor Association, 2022)

The counselor's legal obligations, such as reporting suspected abuse, take precedence over confidentiality when a student’s safety is at risk.

Link:

https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Rarely do ethical dilemmas confronting professional school counselors involve definitive "correct" or "incorrect" choices. However, when it comes to reporting suspected child abuse and/or neglect, explicit laws and policies require that counselors have appropriate procedures available for managing suspected abuse.

Link:

https://www.jstor.org/stable/42732466

Here is a list of ways that I have learned that a Professional School Counselor can adhere to best practice procedures:

• Understand and adhere to local, state, and federal Laws

• Stay informed about professional ethical standards

• Ensure proper training and support

• Establish clear protocols and communication

• Consider ethical implications and the child's well-being

• Collaborate with other professionals

• Self-Care and support

Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5101 (1974).

Texas Family Code § 261.109, 2023

Tex. Fam. Code § 261.101, 2023

Stone, C., 2021, New Challenges in Child Abuse Reporting, ASCA School Counselor, https://www.schoolcounselor.org/Magazines/November-December-2021/New-Challenges-in-Child-Abuse-Reporting

Meyers, V., When mandated reporting does more harm than good: Tools for a new approach, AFT, https://www.aft.org/news/when-mandated-reporting-does-more-harm-good-tools-new-approach

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/standards-ethical-practice/ethical-standards

Lambie, G. W. (2005). Child abuse and neglect: A practical guide for professional school counselors. Professional School Counseling, 249-258.