Laws for Child Abuse Discussion and Responses

Assessment Description

Research the laws for child abuse reporting, the rules and regulations posted by the Board of Behavioral Health in your community and the ethical standards from that ACA Code of Ethics. Provide a list of your findings and highlight the information that you feel is most useful to you as a burgeoning counselor. For those who will be practicing in California, please site the California Child Abuse Neglect and Reporting Act (CANRA) resource located in the Topic 8 resources in your response.

This discussion question is informed by the following CACREP Standard:

2.F.7.d. Procedures for identifying trauma and abuse and for reporting abuse.

TEXTBOOKS

Jackson-Cherry, L. R., & Erford, B. T. (2018). Crisis assessment, intervention, and prevention (3rd ed.). Pearson Education. ISBN-13: 9780134522715

Martha Maldonado

I am considered a mandated reporter for any abuse I know or suspect a child is going through in Texas. Failure to do so is considered a criminal offense, along with false reporting and own disclosure of child abuse. I am protected by the law when reporting if it’s reporting done in good faith (DFPS, 2021). The report is made to the Texas Department of Family and Protective Services (DFPS), Child Protective Services division (CPS) number, and they also have an online option available. However, if there is an emergency, I should report to the local law enforcement agency. My identity will be confidential, except for law enforcement and mandated court orders. As a professional, I have 48 hours after I notice suspected abuse or neglect and should not delegate to someone else the reporting of this (DFPS, 2021). Knowing how much time I have to report the abuse is beneficial as a future counselor. When counseling in the future, it is essential to let the client know about the limitations of confidentiality. B.1.d. states the following “At initiation and throughout the counseling process, counselors inform clients of the limitations of confidentiality and seek to identify situations in which confidentiality must be breached” (ACA, 2014).

Cecilia Cano

According to the California Child Abuse Neglect and Reporting Act (CANRA), California Penal Code Section 11165.7 has a list of mandated reporters that states that employees and other professionals are obligated to report suspected cases of child abuse and neglect. All reporters, except those mandated by law, may remain anonymous. All present and future mental health professionals are required to put the client’s safety first and report reasonable suspicion to ensure the safety of all clients. It’s for the professional to be prepared to answer questions and discuss the reasons behind the reporting. In the ACA Code of Ethics, section A.2.e. states that the counselor will inform the client of the limitations of confidentiality (ACA, 2014). Overall, I think it’s essential for mandated reporters to understand the difference between neglect, severe neglect, general neglect, emotional, physical, and sexual abuse to ensure that all types of child abuse are reported immediately.

Tami Diaz

In Washington State, counselors are mandated to report any reasonable cause of sexual, physical, mental, or emotional abuse, negligence, or parental substance use that indicates a child’s safety, health, or wellbeing is harmed (Washington State Office of the Attorney General, n.d.). These reports are made to CPS by a phone call at the first opportunity but no longer than 48 hours. A variety of phone numbers are provided depending on working hours as well as an anonymous hotline. The list five questions that will be asked, such as information about the child, the name and address of the guardian, the nature and extent of the abuse, and evidence of previous incidents. While not all information is required, the more information they have the better. These questions are good for me to know so that I can get all of the information needed as possible. The state protects reporters by not requiring adults and/or children to know of the report as well as reporter immunity from liability. It is good to know that ethically, confidentiality is not required when there is a need to protect clients from serious harm (ACA, 2014, B.2.a).

American Counseling Association. (2014). 2014 ACA code of ethics