School Counseling
OC CASC
March 17, 2015
The Relationship
Psychologists
Clinical Social Workers
Marriage & Family Therapists
School Counselors
Interns, Assistants, Associates working under the
supervision of one of the above licensed
professionals
(CA Bus. & Prof. Code 4980, 4986; CA Ed Code 49600; CA Code of
Regulations, 622-626;)
The Relationship
The Client:
The Relationship
Abortion - A minor may consent to an abortion without court order and without
parent authorization - (See American Academy of Pediatrics v. Lungren 16 Cal.
4th 307 (1997) where the California Supreme Court held that the law requiring a
minor obtain parent consent to get an abortion violates the California Constitution
The Relationship
Hypothetical #1
Carrie approaches her counselor at school.
She says she is having problems and
wants to set up a meeting with the
counselor.
What should the counselor do?
Hypothetical #1
What if Carrie tells the counselor she is
thinking about suicideand Carrie is 11?
Pupil Records:
Protecting Privacy and Confidentiality of Student
Information
Pupil Records:
What about case notes?
Case notes are not educational records if:
serve as a memory aid
not be accessible or shared in either verbal or written form
be a private note created solely by the individual
possessing it
include only observations and professional opinions
Filter what you write through the lens that it can be read in
a court of law (if your students do not have privileged
communication). Write down what you need to advocate for
your students especially if it is a child sexual abuse case.
ASCA Ethical Standards
Directory Information
Custody Issues
Legal Custody: right to make decisions for the child; includes
educational rights
Physical Custody: where the child resides
Joint Custody: default; both parents have equal rights and either can
make decisions if joint legal custody
NOTE: California Family Code section 3025 allows noncustodial
parents access to pupil record informationif there is no order
limiting access, noncustodial parents may see records. We have
five business days to comply with parent requests.
Hypothetical #2
Hypothetical #2
FERPA protects pupil record information, so
unless this case manager has an order or
parent/guardian consent authorizing
disclosure, the school mental health
professional must keep comments to a
minimum. Attendance information and
medical information (under FERPA or
HIPAA) would be included in this
protection.
FACTORS
Clear communication
Determine that the client understands consent and voluntarily accepts the
conditions of the counseling relationship
Confirm consent in writing and review written document with the client
What is Confidentiality?
Confidentiality
Confidentiality
Hypothetical #3
Sandy is a new counselor assigned to your school.
She tells you, as a mentor, about a counseling
session with a student. Sandy says before the
counseling session started, the student asked if
what was said would be confidential. The
student then mentioned her older brother killed
someone last week and she thinks hell do it
again. Sandy isnt sure what to do.
What do you do?
Hypothetical #3
Confidentiality of Suspected
Child Abuse/Neglect Reports
In Cuff v. Grossmont Union High School
District, the Court of Appeal held that a
school counselor was not immune from
liability under the Child Abuse and Neglect
Reporting Act for making an alleged
improper disclosure of known or suspected
child abuse to an unauthorized person (the
suspected victims father).
Hypothetical #4
A new teacher tells the school psychologist that he
wants to talk to her. The teacher later sends a
student to the school psychologist with a folded
note. The school psychologist unfolds the note,
which reads, This student told me her uncle is
sexually molesting her. What do I do?
What do you do?
Hypothetical #4
All District employees are mandated reporters and
must report once they have reasonable
suspicion of suspected child abuse
Mandated reporters do not fulfill their duties under
the law by asking someone else, even another
mandated reporter or a more experienced
mandated reporter, to file the report for them
Case #1
Patty Johnson
A school counselor set up a project to work
with at risk youth. First, she asked all
teachers at the school to identify at-risk
students. After receiving lists of students
from teachers, the counselor sent letters
home with the identified students notifying
parents/guardians that their child would be
seen for group counseling sessions.
Parents/guardians were advised that they
could contact the counselor if they had
further questions.
Review of
Patty Johnson Case
Case #2
Dr. Hyde
Prior to Lisas weekly counseling session with Dr. Hyde,
psychiatric social worker from School Mental Health, Lisas
mother phoned Dr. Hyde. Her voice was shaky as she
revealed to the therapist that Lisa had confided to her that
she planned to bring a knife to the nearby park to attack
another student she doesnt like. Dr. Hyde shared Lisas
mother's concern, thanked her for the information and
assured her that she would follow up with Lisa.
What are Dr. Hydes responsibilities?
Case #3
Melissa
Melissa, a 13 year old high school freshman, seeks guidance from
Ms. Thomas, a school counselor. Melissa tells Ms. Thomas that she
believes she may have gotten a STD from her boyfriend, another
student. Melissa also tells Ms. Thomas she fears that if she tells her
parents, they will kick her out of the house (as they did with her 16
year old sister two years ago when they caught her having sex with
her boyfriend). One week after Melissas meeting with Ms. Thomas,
Melissas mother found Ms. Thomas name and phone number in
Melissas backpack. She calls to speak to Ms. Thomas and asks to
meet with her to talk about why Melissa seems to be acting funny.
What are Ms. Thomas legal and ethical obligations? What should
Ms. Thomas say to Melissas mother?
Counselor; Confidentiality
Under section 6924 (b) of the California Family Code, a minor
who is 12 years of age or older may consent to mental health
treatment or counseling without parent authorization if: 1) in the
opinion of the professional, the minor is mature enough to
participate intelligently in the counseling services and 2) the minor
would present a danger of serious physical or mental harm without
the services. Under Health & Safety Code section 124260, a minor
may consent by meeting only the first prong.
In this case, Melissa is 13, independently seeks professional
assistance and clearly articulates the fear that her welfare may be in
jeopardy if her parents are told. Under these circumstances, a
professional may determine that both criteria have been met and
allow Melissa to consent to counseling without parent authorization.
Reference Materials