A Counselor's Guide for Staff Development: Child Abuse Reporting by Raegan Tuel https://padlet.com/rtuel/s2fd92d0zntq By Raegan Tuel; Angelo State University Graduate Studies en-us 2019-10-01 18:28:05 UTC 2019-10-07 15:02:07 UTC hello@padlet.com rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/392086656 My professional perspective is that of a junior high school counselor. The intended audience for this Legal Guide is for counselors preparing for conducting staff development sessions pertaining to child abuse mandated reporting. This information would typically be disseminated at a beginning of the year professional development meeting. I chose this topic because it will most likely be a topic that I will have to present in the future when I am working as a school counselor. ]]> 2019-10-01 18:31:52 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/392086656 rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/392100192 I interviewed Tish Nix of Young Junior High School about this topic and how it relates to her role. Mrs. Nix is the lead counselor and currently serving her 24th year in education. ]]> 2019-10-01 18:51:34 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/392100192 Why is this topic important? rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/392103342 Mrs. Nix explained that this topic is very important because school districts are legally required to annually review educators' responsibility to report abuse and neglect (Tex. Educ. Code §38.0041). She said that nearly every year it is the counselors who present this information to staff members so it is very important that they stay informed of any changes in the law so they give the educators accurate information. She also explained that counselors need to be aware of their responsibility in reporting abuse when students tell them or display signs of abuse within their counseling sessions.]]> 2019-10-01 18:56:16 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/392103342 Best Practices related to Informing Educators of their Mandated Reporting Responsibilities. rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/392112417 Mrs. Nix suggests the following as best practices for informing educators of their roles as mandated reporters.
- First, the counselor needs to be aware of the law and any changes that may have occurred, at the federal, state, and local levels. She suggests the district's counseling department chairman should hold a meeting prior to staff's arrival on campus to discuss any changes.
- The counselor should conduct the training as part of the required beginning of year professional development sessions and make copies of the sign in sheet so that you have evidence of whom all was trained. Mrs. Nix says it is important to keep their interests with stories and examples of instances of reporting and leave time for questions at the conclusion of the presentation. Counselors should include excerpts of the written law to show the importance and severity of the information being shared. Mrs. Nix shared that there was a teacher on their campus last year that lost her job for not reporting abuse within 48 hours.
- Mrs. Nix said it was imperative that you give the staff members something with the instructions on how and when to report abuse or neglect. "That way the teachers have something to look back to throughout the year when they forget what day it is, let alone what you said at the beginning of the year meeting" (T. Nix, personal communication, October 1, 2019). ]]> 2019-10-01 19:08:44 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/392112417 Emerging Issues Relating to Abuse and Neglect. rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/393045597 Mrs. Nix described the dangerous emerging trends of sexual exploitation of children via the internet. She referred to current articles such as New York Time's "An Explosion in Online Child Sex Abuse: What you Need to Know" (2019). Through encryption techniques, predators are able to mask their identity and location when creating and sharing sexually explicit photos or videos, making it very difficult for law enforcement to complete investigations. Mrs. Nix says that teachers and parents need to be aware of warning signs and that students need to be aware of the dangers of taking and sharing inappropriate photos of themselves or others.

Dance, G. J. & Keller, M. H. (2019, September 30). An explosion in online child abuse: What you need to know. Retrieved from ]]> 2019-10-03 14:31:03 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/393045597 Who I Interviewed rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/393059997 Tish Nix, Lead Counselor at Young Junior High in Arlington , Texas.]]> 2019-10-03 14:50:47 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/393059997 American School Counselor Association (ASCA) rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/393073153 The ASCA addresses the responsibility of reporting child abuse within the article "Child Abuse: Who Must Report?" (2011). Within the article, links to state statutes are provided and examples are described in order to inform counselors and teachers their responsibilities of reporting. In particular, the article summarizes the need for the individual who witnesses or suspects the abuse must report the incident; the responsibility to report cannot be delegated to anybody else. I can use this information and the examples within as part of my presentation to staff members. 

Stone, C. (2011, November 1). Child abuse: Who must report? Retrieved from ]]> 2019-10-03 15:08:07 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/393073153 Parent suing East Aurora schools says district failed to report child sex abuse allegations rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/393208125 Juan C. Avendano, a former kindergarten teacher at Bardwell Elementary School, was charged with 18 felonies of aggravated sexual abuse of a child. The abuse was reported to the authorities by the mother of the child whom was being molested after outcries to the campus authorities went unanswered. When the daughter told her mother of the teacher's behavior, the mother notified the principal in a meeting. The principal refused to believe the allegations and took no action against the teacher. It was then that the mother filed a police report for which the suspicions were confirmed and the man arrested. The principal was removed from her position and is under police investigation. Under the Abused and Neglected Child Reporting Act (325 ILCS § 5.23), the principal should have reported the possible abuse, even if she thought it unlikely. This situation is an example that can be shared with staff to explain that reporting abuse is not only intended for abuse deriving from the hand of a guardian, but that any adult that is suspected of abusing any child should be reported to the authorities or CPS.

Abused and Neglected Child Reporting Act, 325 ILCS § 5.23 (2010)

Jones, M. (2018, October 10). Parent suing East Aurora schools says district failed to report child sex abuse allegations. Retrieved from https://www.chicagotribune.com/suburbs/aurora-beacon-news/ct-abn-lawsuit-sex-abuse-st-1011-story.html]]> 2019-10-03 18:14:37 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/393208125 Second WFISD principal charged with failing to report abuse rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/393362669 A Wichita Falls principal, Cindy Underwood, has been charged with failing to report an alleged sexual assault following a situation that happened on her campus. On October 25, 2018, sexually explicit photos were found on a school issued iPad. The photos were of and taken by three 6-year-old students engaging in sexual acts on one another while in a classroom. The homeroom teacher found the photos and showed Underwood. Instead of reporting, the principal chose to only inform the students' parents. One of the student's parents filed a report to CPS. The detective said that "6-year-old students should not have knowledge of the types of sexual acts depicted in the photographs unless they'd seen or experienced it- therefore making them possible victims of sexual abuse" (Johnston, 2018). In this case, Underwood's failure to report the incident could have placed a child that was being abused in danger of further or worsening abuse occurring.
This situation can be explained to staff members to show that atypical knowledge of sexual acts can be a warning sign of abuse.

Johnston, P. (2018, February 5). Second WFISD principal charged with failing to report abuse. Retrieved from http://amp.timesrecordnews.com/amp/309167002]]> 2019-10-04 02:07:46 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/393362669 Tex. Fam. Code § 261.101 rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/393367655 Statutory Law
If you reasonably suspect that a child is being abused or neglected, the law requires that you report it within 48 hours. Additionally, under section 231.106, employees are protected if acting in good faith, regardless of any false outcome. 

Tex. Fam. Code § 261.101 
]]> 2019-10-04 02:35:40 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/393367655 Tex. Educ. Code § 38.004 rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/393369239 Statutory Law
This law covers abuse reporting and training programs for school districts to utilize. School programs and lessons, resources for families, training of staff, creating policies at the local level, and required postings on campuses are examples of what this required under this statute. 
]]> 2019-10-04 02:46:08 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/393369239 Tex. Admin. Code § 61.1051 rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/393369825 Administrative Law
This law requires the board of trustees of a school district of its governing body to enforce and notify school personnel of the reporting laws found within Texas Family Code § 261.101. 


Tex. Admin. Code § 61.1051 
]]> 2019-10-04 02:49:46 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/393369825 Chappaqua Central School District Regulation 9005: Child Abuse Reporting rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/393370369 Administrative Law
School Board Policy with details regarding its’ plan to enforce Tex. Fam. Code § 261.101. Examples found within this policy: 
  • Access to school records by the Child Protective Services
  • Child Protective Services for student Interviews on campus
  • Taking photographs
  • Taking a child into protective custody
  • Confidentiality of reports.

Chappaqua Central School District. (2015). Regulation 9005: Child abuse reporting. Retrieved from https://www.ccsd.ws/board-of-ed/policies-and-regulations/policies-and-regulations-9000-personnel-and-administration/policy-9005-child-abuse-reporting/regulation-9005-child-abuse-reporting
]]> 2019-10-04 02:53:30 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/393370369 U.S. Const. amend. XIV rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/393738830 Constitutional Law
The 14th amendment provides equal protection for all citizens, including minors. It states that the state shall not deprive any person of life, liberty, or property nor deny any person within its jurisdiction the equal protection of the laws (U.S. Const. amend. XIV). The safety of children is protected under this constitutional law, granting agencies such as CPS the right to investigate. 

 U.S. Const. amend. XIV]]> 2019-10-04 18:30:35 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/393738830 Ohio v. Clark (2015) rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/393752421 Judicial Law
The Supreme Court decided that the testimony of abused children are admissible in court and can be transcribed by adults, teachers in this case, if needed. In this case, Clark was the defendant accused of physically abusing his girlfriend's two children. The 3-year-old boy, A. T., was questioned by teachers at his preschool when he arrived with a bloodshot eye and abrasions on his body. When asked what happened and who hurt him, he replied that it was Clark. A report was made and the following day a social worker located the children and took them to have treatment on the multiple injuries they sustained at the hand of Clark. The statements the A. T. made to teachers were transcribed by teachers and introduced into evidence of guilt, even without a testimony by A. T. in court. Clark fought to keep the hearsay statements out of court; however, such testimonies made by children under 10 years of age are permitted without having to testify. The court found Clark guilty of child abuse and endangerment and through this case, child abuse victims' testimonies are protected and permitted within court without having to take the stand. Teachers need to be aware that we are often a voice for the voiceless. That although it is not our job to investigate (that is the CPS worker's job), we can be asked by the court to transcribe what a child has said about the alleged abuse; therefore, it is important to document any such conversations and include them in the report to CPS.

Ohio v. Clark, 576 US 13-1352 (2014)

]]> 2019-10-04 18:54:57 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/393752421 ASCA Ethical Standards for School Counselors rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/393764006 A.11. Bullying, Harassment and Child Abuse
Under the American School Counselor's Association's Ethical Standards, counselors should be aware and train others of the warning signs and indicators of abuse and neglect. They are to encourage or conduct training to staff members so that they have the knowledge and skills necessary to recognize signs and report suspected abuse or neglect to the proper authorities (ASCA, 2019).

ASCA. (2019) ASCA ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf]]> 2019-10-04 19:18:27 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/393764006 Texas Abuse Hotline Website rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/394141096 This Texas Department of Family and Protective Services website has very useful information for those needing information on how to report and what to report in cases of child abuse or neglect. It also provides information for when to report cases to law enforcement. Also on the website, there are resources that serve as a guide for training school professionals on their responsibilities to report. 

Texas Department of Family and Protective Services. (2019). Welcome to the Texas abuse hotline website. Retrieved from https://www.txabusehotline.org/Login/Default.aspx]]> 2019-10-06 17:11:51 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/394141096 Best Practices for Preparing for and Conducting Training on Child Abuse Reporting rtuel https://padlet.com/rtuel/s2fd92d0zntq/wish/394143366
  • The counselor should regularly review all existing and updated laws regarding child abuse reporting mandates, at the federal, state, and local levels.
  • Create a sign-in sheet for staff members and ensure that all members have been trained, including any new hires that are added to the faculty roster after the initial presentation. Have a plan in place to train those individuals. 
  • Create an easy to follow presentation for staff members on their responsibilities and procedures for reporting suspected abuse. This should include warning signs, laws, and resources for making the report. 
  • Within the presentation, share examples or court cases that can help to emphasize the importance of reporting in a timely manner to avoid reprimands. 
  • Encourage or ask the campus principal to discuss local regulations regarding failure to report. (Loss of job, criminal or civil charges, fines, etc.)
  • Create and distribute a handout for staff members to keep that has summaries of what you discussed and the action steps they would take if they suspect abuse. Include the Texas abuse hotline phone number and website, with directions on what to include in their report, if possible. 
  • Leave time at the conclusion of the presentation for questions. Reiterate that staff members can come to you, or any administrator, with questions throughout the year. 
  • Keep all documentations of training for evidence that such information was disclosed to staff members, as required by law.
    • ]]>     2019-10-06 17:20:53 UTC https://padlet.com/rtuel/s2fd92d0zntq/wish/394143366