Duty to Report: A Legal Guide by Brooke Fraley https://padlet.com/bfraley1/u11bmsbvoxnekth6 A school counselor's guide en-us 2021-02-12 20:28:32 UTC 2025-12-07 06:08:33 UTC hello@padlet.com 1. Professional Perspective/Audience/Topic bfraley1 https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198264556 I will be taking the perspective of a high school professional school counselor at Caldwell High School. This legal guide padlet may be used by other secondary level professional school counselors on the educator's duty to report in relation to student suicide ideation and suspected maltreatment.

I chose this topic as there has been significant increases in cases of child maltreatment on top of the fact that suicide is the second leading cause of death among adolescents (Center for Disease Control and Prevention, 2021). The numbers of cases where a child received a response from CPS due to maltreatment had risen by 8.4% over a period of four years (U.S. Department of Health and Human Services, 2018). Given these data, it is important for school counselors to be aware of their legal and ethical obligations to protect their students.]]> 2021-02-12 20:49:02 UTC https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198264556 2. Professional Interview bfraley1 https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198275562 1. Importance of Topic to field of school counselors - As educators, it is not our responsibility to investigate what is happening at home, but it is an ethical standard for school counselors and other educators to ensure student safety as much as they are able within the scope of their responsibilities. In an effort to keep students safe but without the capabilities to ensure home safety on our own, there is a necessity for educators to reach out to other agencies who do have the ability to assist our students with safety in the home. Most importantly, legal requirements state that as educators, we are mandatory reports, which comes with consequences when we do not adhere to those mandates.
2. Best practices related to duty to report - 
* Complete online reports whenever possible, unless a student is in an immediate danger. Online reports will give you confirmations and will give you the option to receive follow-up emails on case.
* Always complete the report before you go home that day. This ensures that you will complete it in a timely manner to fulfill your legal responsibility of reporting within 48 hours.
* Advise any teacher who comes to you about a situation that needs to be reported to complete their own report. Never accept that responsibility.
3. Emerging issues related to duty to report - With students not being at school due to the option of at-home learning, the percentages of reports made to local agencies has decreased significantly. However, we know that the abuse and neglect is not stopping just because the reports have decreased. As mandatory reporters, professional school counselors have a duty to our students to observe, assess and report when necessary (American School Counselor Association, 2016). However, with many students staying at home, counselors do not have as much direct contact with students so it is important for school counselors and other educators to find ways to keep these students safe through virtually connecting with them.
4. Interviewee: Ashley Zboril, high school counselor at Caldwell High School in Caldwell, TX. (https://hs.caldwellschools.net/)

]]> 2021-02-12 20:52:36 UTC https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198275562 3. Professional Association bfraley1 https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198276350 The following resource comes from the American School Counselors Association for the purpose of informing professional school counselors of the appropriate ethical responses to claims of suicide ideation and child abuse. The article discusses laws related to reporting of both suicide ideation and suspected child abuse. According to ASCA, professional school counselors cannot afford to treat reporting suicide ideation or child abuse as a discretionary duty but rather it should be seen as an absolute duty.

Citation:
Stone, C. (2018). Suicide and child abuse reporting. https://www.ascaschoolcounselor-digital.org/ascaschoolcounselor/july_august_2018/MobilePagedArticle.action?articleId=1410649#articleId1410649]]> 2021-02-12 20:52:53 UTC https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198276350 4. Current Article #1 bfraley1 https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198278684 Summary:
- Eight-year old student committed suicide after numerous incidents of bullying from other students at school
- Reports were made to educators and other staff members but these reports were not followed-up on by staff members.
- Student's family filed a lawsuit against school and staff members for failure to follow up with the claims.
- Federal court ruled that the lawsuit could proceed against the school staff

Implications for School Counselor:
* School counselors must act in the scope of their responsibility in order to receive immunity in cases of failure to report. However, if the school counselor does not act in a manner to protect students by reporting, immunity will not be granted by the court.

Citation:
Walsh, M. (2020, December 30). 
Federal Appeals Court Lets Lawsuit Proceed Against Educators in Student’s Suicide. 
https://www.edweek.org/policy-politics/federal-appeals-court-lets-lawsuit-proceed-against-educators-in-students-suicide/2020/12]]> 2021-02-12 20:53:43 UTC https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198278684 5. Current Article #2 bfraley1 https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198289317 Summary:
- Students reported sexual abuse by teacher to administrative staff, counselors, and other staff.
- Students claim that reports were ignored and staff neglected to make mandatory report to CPS.
- Students' families filed lawsuit against school and school staff, including counselor, for failure to report abuse.

Implication for School Counselor:
* As mandatory reporters, school counselors cannot ignore reports of abuse and must report to appropriate agencies for the safety of students.

Citation:
Walsh, A. (2021, February 4). 

Lawsuit: Millbrae teacher sexually assaulted students. https://www.smdailyjournal.com/news/local/lawsuit-millbrae-teacher-sexually-assaulted-students/article_b033200c-66a1-11eb-b535-13169e829aa9.html

]]> 2021-02-12 20:57:43 UTC https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198289317 6. Original Law bfraley1 https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198289670 Federal Constitutional Law:

14th Amendment of the United States Constitution ( U.S. Const. amend. XIV, § 1)

*guarantees all US Citizens equal protection of the laws.
*sets the stage for states to interpret equal protection of the laws as they extend to protecting children as US citizens.
Link: https://www.govinfo.gov/content/pkg/GPO-CONAN-1992/pdf/GPO-CONAN-1992-10-15.pdf
Reference:  
U.S. Const. amend. XIV, § 1. 
]]> 2021-02-12 20:57:51 UTC https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198289670 7. Original Law bfraley1 https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198291435 State Statutory Law:
Family Code § 261.101 (b)
*states that any professional who has cause to believe that a child's physical or mental health or welfare has been affected by abuse or neglect shall immediately make a report
Link: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

Federal Statutory Law:
18 U.S.C. §1169(b)
* states that a person who knowingly fails to make a report commits a class A misdemeanor
Link: https://www.law.cornell.edu/uscode/text/18/1169

**both laws require the professional, including professional school counselors, to make a report if they become aware of maltreatment of a student or in the event that a student is in physical or mental danger.

References:
18 U.S.C. §1169(b)
Family Code § 261.101(b)]]> 2021-02-12 20:58:33 UTC https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198291435 8. Judicial Law related to Duty to Report bfraley1 https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198292417 In Watson v County of Santa Clara (2007), the United States District Court rule that: 
* mandatory reporters have absolute immunity when making a report in good faith

Implications: the ruling in this case confirms that professionals who are obligated under the law as mandatory reporters will be granted immunity under state and federal mandatory reporter laws

Link: https://1-next-westlaw-com.easydb.angelo.edu/Document/Ia8dc6b099d0011dbab489133ffb377e0/View/FullText.html?navigationPath=Search%2Fv1%2Fresults%2Fnavigation%2Fi0ad6ad3e00000177ca6afb7071b76768%3FpcidPrev%3D46d329cf775743d8b6dfa38121e7c26e%26Nav%3DCASE%26fragmentIdentifier%3DIa8dc6b099d0011dbab489133ffb377e0%26parentRank%3D0%26startIndex%3D1%26contextData%3D%2528sc.Search%2529%26transitionType%3DSearchItem&listSource=Search&listPageSource=25aa1dc974f18e9ce5eefc587e67a0d6&list=CASE&rank=1&sessionScopeId=46c1972b72d8bc127f17d6a10106a0bd42a3fb95d70a982fa6486cafdbaa7976&originationContext=Search%20Result&transitionType=SearchItem&contextData=%28sc.Search%29

Reference:
Watson v County of Santa Clara, 468 F.Supp.2d 1150 (N.D. Cal. 2007)]]> 2021-02-12 20:58:57 UTC https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198292417 9. Original Law bfraley1 https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198293447 Federal Administrative Law:

Child abuse reporting (34 U.S. Code § 20341)


*law states that a person who is acting in a professional manner who learns of circumstances that give rise to concern of maltreatment of a child, must report the incident to the designated agency (DFPS)
*law designates that teachers, school administrators, and school counselors are in the group of covered professionals.
*guarantees immunity from civil or criminal liability for individuals making reports in good faith

Link: https://www.law.cornell.edu/uscode/text/34/20341

Reference:
34 U.S. Code § 20341
]]> 2021-02-12 20:59:21 UTC https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198293447 10. Local Policy bfraley1 https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198294016 The Caldwell Independent School District board policy manual includes student welfare policy, which requires that any district employee who suspects a child's physical or mental health or welfare has been adversely affected by neglect or abuse must file an oral or written report within 48 hours of learning the facts that gave concern (Caldwell Independent School District, 2020).

Link:https://pol.tasb.org/Policy/Download/240?filename=FFG(LOCAL).html&title=STUDENT%20WELFARE&subtitle=CHILD%20ABUSE%20AND%20NEGLECT

Reference:
Caldwell Independent School District (2020, July 20). Board Policy Manual, Student Welfare, Child Abuse and Neglect. https://pol.tasb.org/Policy/Download/240?filename=FFG(LOCAL).html&title=STUDENT%20WELFARE&subtitle=CHILD%20ABUSE%20AND%20NEGLECT]]> 2021-02-12 20:59:35 UTC https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198294016 11. Ethical Principle bfraley1 https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198295312 A professional school counselor's duty to report is included in the American School Counselor Association's Ethical Standards for School Counselors under Bullying, Harassment, and Child Abuse, section A.11, which states that school counselors:
* will report suspected cases of child abuse to appropriate authorities
* will stay up-to-date with current state laws and school procedures for reporting suspected child abuse
* will maintain expertise and advocate for training of staff on identifying signs of neglect and abuse

Link: https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

Reference:
American School Counselor Association. (2016).  ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf]]> 2021-02-12 21:00:09 UTC https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198295312 12. Personal Connection bfraley1 https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198296607 My personal understanding of the legal aspects of an educator's duty to report was fairly superficial for my initial years as an educator in that I knew that I needed to report but I did not fully grasp the severity of the issue. This changed when the family of a former student filed a lawsuit against some high school administrators and a couple of the high school teachers she had at the time over failure to report. The news stories that followed along with the more in-depth trainings we received as a result prompted me to seek to understand the legal aspects more clearly. While immunity was eventually granted for the school staff for acting within the scope of their responsibilities, the culminating traumatic event that the student faced pushed me to examine my knowledge of the legal requirements and my understanding of signs and symptoms of abuse/neglect so that I would be able to assist my students to the best of my abilities.

After this event, the way I approached my interactions with my students has become more intentional. Seeing the outcome for this students made me fearful for my students, not knowing what was happening with them in their homes. As a result, I have begun to focus more on their comments and look for anything that might be cause for concern. In doing so, I have found that more students struggle with heavy burdens than most expect. The previously mentioned case also gives rise to fears for myself in regards to liability for failure to report or an undesirable outcome if my report is wrong. The laws regarding duty to report allow me to protect my students without fear of civil or criminal liability when I am acting in good faith within the scope of my responsibilities (Family Code 261.106). Therefore, any fears I may have regarding my duty to report are relieved through the law. As a school counselor, the likelihood of my students confiding in me will increase significantly, and I will be expected to report any circumstances that give rise to concern so it is important for me to remain knowledgeable about the current state laws and maintain expertise on indicators of abuse, neglect, and self harm (American School Counselor Association, 2016).

References:
American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf
Family Code 261.106]]> 2021-02-12 21:00:42 UTC https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198296607 13. Best Practices/Recommendations bfraley1 https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198299401 * Be approachable and personable so students feel comfortable coming to you when they are facing a difficult situation (Stop It Now!, 2020)
* Always make a report if you suspect abuse, neglect or self-harm within 48 hours as you are legally required to do so. Student safety is more important than your comfort level (Family Code § 261.101(b)).
* Educators should keep documentation of circumstances that give rise to student safety concerns.
* School counselors should advocate for the creation of  and/or create your own annual training for staff on legal responsibility to report as well as tips on identifying abuse, neglect, and self-harm and how to make a report (American School Counselor Association, 2016).
* Ensure easy access to state and local policies on legal and ethical requirements to report claims of abuse, neglect, and/or self-harm.
* School Counselors should provide appropriate counseling services for victims such as safety plans, schedule changes if necessary, and accommodations (American School Counselor Association, 2016).
* Stay up-to-date on current laws and policies on duty to report (American School Counselor Association, 2016).
* Stay familiar with how to identify signs of abuse, neglect and self-harm (American School Counselor Association, 2016).
* It is important for counselors to follow-up on any teacher/staff concerns that are reported to them, and encourage those staff members to make their own report when necessary.

References:
American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf
Family Code § 261.101(b)
Stop It Now! (2016). Tip Sheet: Talking To Children And Teens. https://www.stopitnow.org/ohc-content/talking-to-children-and-teens]]> 2021-02-12 21:01:49 UTC https://padlet.com/bfraley1/u11bmsbvoxnekth6/wish/1198299401