Lauryn Powell Legal Padlet by Lauryn Powell

Slide #1 Professional Perspective

lpowell18_1 — 2024-12-07 23:04:59 UTC

As an aspiring elementary counselor, it is important to understand the legal and ethical principles that school counselors must abide by set forth by the law. The topic that I chose is a school counselor's responsibility in reporting suspected child abuse and neglect. I chose this topic because the safety and success of all students should be an educator's number one priority. By learning about the expectations of what to do when a school counselor suspects abuse or neglect in a child's life, we can ensure the safety and well-being of vulnerable children.

Slide #2 Summary of Topic

lpowell18_1 — 2024-12-07 23:05:10 UTC

This topic is important in my field because school counselors are typically the adults on campus that students will confide in, or express their feelings to. School counselors have a legal obligation to report any abuse they suspect is happening. Reporting the suspected abuse early can trigger timely interventions and prevent further abuse or neglect from happening to a child. According to the CDC, "1 in 4 girls and 1 in 13 boys are estimated to experience child abuse" (National Statistics on Child Abuse, 2023). In the year 2022, more than 550,000 children were known by the U.S. authorities of being abused (National Statistics on Child Abuse, 2023).

Emerging issues with child abuse and neglect in today's society come from the pandemic and post-pandemic era. Statistics showed there were fewer reports made when children were not under the watchful eye of teachers and counselors. Reported numbers of child abuse and neglect were significantly lower. This has raised the concern that although fewer reports were made, the incidents are continuing to happen at a rapid rate. School counselors can be a big piece in helping a child out of a neglectful situation.

References

National statistics on child abuse. (2023). National Children’s Alliance. https://www.nationalchildrensalliance.org/media-room/national-statistics-on-child-abuse/

The State of Child Abuse in 2022. (2022). Mandated Reporter. https://mandatedreporter.com/blog/the-state-of-child-abuse-in-2022/

Slide #3 Professional Association

lpowell18_1 — 2024-12-07 23:05:27 UTC

The American School Counselor Association emphasizes the important role school counselors play in reporting child abuse and neglect. The ASCA states that school counselors should be knowledgeable of local, state, and federal laws. The American School Counselor Association (2022) states that not only should school counselors be able to recognize the signs of child abuse and neglect, but they must also report any suspected case of child abuse or neglect to the proper authorities. Even if a school counselor is not 100% sure that abuse and neglect are going on, they are required to report any suspicions (ASCA, 2022). School counselors are also obligated to keep the information private from those who do not need to know and provide resources for students who have experienced abuse and neglect.

References

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

Slide #4 Current News Articles

lpowell18_1 — 2024-12-07 23:05:52 UTC

In the article “Pivotal moment’ as violence against children reaches unprecedented levels worldwide”, reports were made that there is an alarming increase in violence against children globally, according to a report by the UN Special Representative on Violence Against Children. In the article, a reporter named Najat Maalla M’Jid said "violence against children has reached unprecedented levels" (M’Jid, 2024).

The article goes on to state that billions of children are vulnerable to physical, sexual, and psychological abuse (“Pivotal Moment” as Violence against Children Reaches Unprecedented Levels Worldwide, 2024)

Contributing Factors to Abuse:

Poverty
Online Exploitation
Conflict Zones

The article also states the impact of this violence. M’Jid,(2024) went on to say "It has a long-lasting impact on children’s mental health. We see increased rates of suicide, behavioral disorders, eating disorder, drug addiction, despair, and post-traumatic stress disorder” (M'Jid, 2024).

References

“Pivotal moment” as violence against children reaches unprecedented levels worldwide. (2024, October 10). UN News. https://news.un.org/en/story/2024/10/1155566

Slide #5 Current News Articles Part 2

lpowell18_1 — 2024-12-07 23:06:06 UTC

In this article from the Muncie Journal (2024), the emphasis is on Child Abuse Awareness Month. A prosecuting attorney, Eric Hoffman starts the article by bringing up a well-known children's book, A Child Called It. This book is about a child who endures abuse and neglect from his parents. The article also lists child abuse and neglect statistics.

It is estimated that 1,990 children died of abuse and neglect at a rate of 2.73 per 100,000 children in the population (Hoffman 2024).

There are different forms of abuse including psychological, physical, and sexual abuse.
Shaken baby syndrome and unsafe sleep patterns are also a part of abuse and neglect.
The Purple Crying Program is a prevention program that helps educate caregivers of infants.
ABC's of Safe Sleep Initiative promotes safe sleep practices.
Communities must work with families, healthcare providers, schools, and law enforcement when it comes to stopping and reporting child abuse and neglect.

References

Rhodes, M. (2024, April 18). We Must Work Together to Prevent Child Abuse and Neglect — Muncie Journal. Muncie Journal. https://www.munciejournal.com/2024/04/we-must-work-together-to-prevent-child-abuse-and-neglect/

Slide #6 Federal Law

lpowell18_1 — 2024-12-07 23:57:08 UTC

The Child Abuse Prevention and Treatment Act is a federal law that establishes the standards for state child abuse and neglect reporting systems. The CAPTA law also provides funding for provisions and procedures for referrals of children who are experiencing child abuse. According to Casey Family Programs (2019) CAPTA “provides grants to states to support the prevention, assessment, investigation, prosecution, and treatment of child abuse and neglect” (Casey Family Programs, 2019).

Slide #7 Statutory Law

lpowell18_1 — 2024-12-07 23:57:18 UTC

The Texas Family Code are Texas statutes that outline laws regarding reporting child abuse in Texas. Section 261.101(a) states that any individual who has a reasonable cause to believe that a child is experiencing abuse or neglect should immediately make a report (Tex. Fam. Code. § 261.101). A person should make a report no later than 48 hours after the suspected neglect or abuse. Reports of suspected child abuse and neglect can be made to the Texas Department of Family and Protective Services. There is an abuse hotline number (1-800-252-5400), or it can be reported online at txabusehotline.org.

The Texas Family Code also includes state statutes regarding the confidentiality of the individual reporting the child abuse and the suspected victim of child abuse. Section 261. 201 of the Texas Family Code outlines that the report made of the abuse and the reporter may only be disclosed if applicable under federal or state law. It also states that files, reports, records, communications, audiotapes, videotapes, and working papers may also only be disclosed if applicable under federal or state law (Tex. Fam. Code.§ 261.201).

References

Texas Family Code § 261.101

FAMILY CODE CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT. (2001). Texas.gov. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

Welcome. (n.d.). Www.txabusehotline.org. https://www.txabusehotline.org/Login/Default.aspx

Slide #8 Statutory Law

lpowell18_1 — 2024-12-07 23:57:27 UTC

The Texas Family Code are Texas statutes that include laws regarding individuals who fail to report reasonable suspicion of child abuse. Section 261.109 of the Texas Family Code states “A person commits an offense if the person is required to make a report under Section 261.101(a) and knowingly fails to make a report as provided in this chapter” (Tex. Fam. Code. § 261.109).

If a person fails to make a report when there is suspicion of child abuse and neglect, Section 261.109 of the Texas Family Code states it is a Class A Misdemeanor.

References

FAMILY CODE CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT. (2001). Texas.gov. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

Penalties for Failure to Report and False Reporting of Child Abuse and Neglect - Texas | Child Welfare Information Gateway. (n.d.). Www.childwelfare.gov. https://www.childwelfare.gov/resources/penalties-failure-report-and-false-reporting-child-abuse-and-neglect-texas/

Slide #9 Federal Law

lpowell18_1 — 2024-12-07 23:57:36 UTC

The Victims of Child Abuse Act of 1990 (VOCAA) is a federal law that was made to enhance the prosecution, investigation, and prevention of child abuse while supporting the needs of victims. The VOCAA provides funding for the development of multidisciplinary teams to investigate and prosecute child abuse cases. The organizations that do this include child protective services, law enforcement, healthcare professionals, and advocates to ensure that each team has a coordinated response to abuse that may be happening. Grants are given to child advocacy centers that help maintain them. The centers provide child-friendly facilities that host counseling, interviews, and support for victims.

References

Levine, M. (1990, May 17). H.R.4688 - 101st Congress (1989-1990): Victims of Child Abuse Act of 1990. Www.congress.gov. https://www.congress.gov/bill/101st-congress/house-bill/4688

Slide #10 Local Policy

lpowell18_1 — 2024-12-07 23:59:52 UTC

The local policy that was selected comes from Harlandale Independent School District in San Antonio, Texas. The policy comes from the policy manual from the school strict. This policy is about student welfare in regard to child abuse and neglect. The policy covers programs to address sexual abuse, trafficking, and maltreatment that will be provided in a handbook to students and parents as well as placed in the district improvement plan. The policy also covers the duty to report suspected child abuse or neglect, the restrictions of reporting, the content that needs to be included in the report, and the confidentiality of the report.

References

Policy Code FFG – Student Welfare: Child Abuse and Neglect – Harlandale ISD Board Policy Manual - Policy Online. (2024). Tasb.org. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=173&code=FFG#legalTabContent

Slide #11 Ethical Principle

lpowell18_1 — 2024-12-08 00:00:56 UTC

According to the American School Counselor Association, school counselors have a legal obligation to report any suspicion of child abuse and neglect.

In the American School Counselor Association's Code of Ethics, there are ethical guidelines for school counselors regarding child abuse under section A.12. The ASCA (2024) states school counselors must "maintain and develop expertise to recognize the signs of child abuse and neglect" (ASCA, 2024). It also goes on to say that school counselors must act as advocates for teachers and students to have proper training on the knowledge and skills to recognize signs of abuse and neglect. This relates to my topic because while reporting suspicion of child abuse and neglect is very important, school counselors also must be able to recognize the signs as well as ensure teachers and students have the proper knowledge to spot concerning signs.

References

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

Slide #12 Non-Law Source

lpowell18_1 — 2024-12-08 01:42:34 UTC

The Texas Department of Family and Protective Services is a great resource for school counselors to learn about the signs of child abuse. This resource is broken down into categories with helpful explanations in each. The website explores signs of physical abuse, neglect, sexual abuse, and emotional abuse. There is also a guide on how to make a report and where to make a report.

References

Texas Department of Family and Protective Services. (n.d.). DFPS - Recognize the Signs of Child Abuse. Www.dfps.texas.gov. https://www.dfps.texas.gov/Child_Protection/Child_Safety/recognize_abuse.asp

Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

lpowell18_1 — 2024-12-08 01:42:47 UTC

School counselors must be well aware of the legal and ethical guidelines they must abide by when it comes to reporting child abuse and neglect. Below is a list of recommendations on how schools can ensure school counselors remain in compliance with this legal and ethical issue.

Provide training for school counselors. Schools should regularly train their counselors on mandatory laws regarding reporting and spotting signs of child abuse and neglect. The training can also address how to report, the importance of maintaining confidentiality and understanding the legal obligation to report.
Ensure that as a school district, they are up to date on reporting child abuse and neglect. Schools can partner with legal experts in the field of child welfare and make sure that their best practices are aligned with the expectations from the state and federal government.
Implement a documentation checklist that counselors must use when they are suspecting of child abuse and neglect. Counselors can use this checklist when making the actual report so that their notes are accurate and well thought out.
Encourage collaboration between school counselors, teachers, and administrators to be able to recognize the signs of abuse and work as a team for the well-being of the child.
Promote healthy relationships among school faculty and staff and the community around them. Invite families into the school for school events or information sessions that can help promote parent involvement and educate parents on how to maintain a healthy environment for their child.
Regularly audit case records to ensure schools are staying in compliance with laws and policies.
Establish a system for support for school counselors emotionally and mentally after making a report. Ensure they have proper mental health resources to aid them and provide a debrief session with them if need be while maintaining confidentiality.