• Child abuse and neglect are included in ASCA Ethical Standards which states that counselors must report if we suspect there is abuse or neglect happening.
•  There are laws that protect educators and counselors, but there can be harsh reprimands if it is not reported. 
• In Cy-Fair ISD, we are fortunate enough to have people the school counselors can call for guidance and perspective for particular cases we may have at our schools. 

• In high-poverty schools, 30% to 60%  of students can be affected.
•  More than 1/3 of those investigations are confirmed abuse or neglect
• 50% of children in low-income urban schools have likely been subject to abuse or neglect at home
• Identifying and reporting child abuse has to to be one of the top priorities of the schools 
• Principals and teachers are not notified of child welfare investigations, even if there is a formal confirmation of abuse or if the child is removed from the home.
•  Teachers are required by law to report anything that even remotely suggests child abuse, maltreatment, or neglect.

•  The state mandated-reporting requirement has become more of a suggestion than a legal obligation.
• State law requires school districts to train teachers on what they need to know to identify child abuse, their responsibilities as mandated reporters and the consequences of ignoring signs of child neglect or abuse.
• Educators don’t have to determine whether their suspicions or allegations are valid, but are required to report
• If  child abuse or neglect is reasonably suspected or if a student shares information with a mandated reporter leading them to believe abuse or neglect has taken place, educators must make a report
• An educator or other mandated reporter does not have to be physically present at the time of the abuse, witness the abuse, or have definite proof that a child has been abused
• Educators who fail to report suspected child abuse can face a misdemeanor resulting in up to six months in jail, a fine up to $1,000, or both.
• Mandated reporters cannot be held civilly or criminally for making a report. However, it is a crime not to report.

Judicial Law

Ohio v. Clark 135 S. Ct. 2173 (2015)

• All educational staff/personal is required to report any suspicion of child abuse and neglect
• Follow the ASCA Ethical Standards which states that counselors must report if they suspect there is abuse or neglect happening
• There are laws that protect the individual that is reporting and there can be harsh reprimands if it is not reported. 
• When CPS comes to campus we have to legally check their status and work IDs to ensure no foul play. This includes calling a special number or state database and getting a copy of the social worker's ID.
• Court cases could potentially impact the decisions counselors make at work. However, it is important that we first uphold the written laws and always seek for guidance through the ASCA National Model.
• State law requires school districts to train teachers on what they need to know to identify child abuse, their responsibilities as mandated reporters and the consequences of ignoring signs of child neglect or abuse
• Educators don’t have to determine whether their suspicions or allegations are valid, but are required to report if child abuse or neglect is reasonably suspected or if a student shares information with a mandated reporter leading them to believe abuse or neglect has taken place
• An educator or mandated reporter does not have to be physically present at the time of the abuse, witness the abuse, or have definite proof that a child has been abused.
• Educators who fail to report suspected child abuse can face a misdemeanor resulting in up to six months in jail, a fine up to $1,000, or both.
• Mandated reporters cannot be held civilly or criminally for making a report. However, it is a crime not to report.