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Issues in Informed Consent and Confidentiality,
in the Practice of School Psychology Learning Task Five Jacqueline Munroe EDPS 604: University of Calgary Dr. Irene Estay
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Ethical Vignette for School Psychologists You are a psychologist working in a school board in which there is a policy that parents must give informed consent before a report can be discussed with school staff or before a report on the results can be placed in the childs file. After assessing a child who has been experiencing learning problems since beginning school, and discussing the assessment results with the parents, you are dismayed to discover that the parents refuse to have the assessment results discussed with school staff because the results indicate that the student needs special resource help, in basic skill areas. The parents say that only dummies have to get that kind of help and that they are not willing to have their child labelled as a dummy. Although you try to explain the benefits of such help and to negotiate at least a partial sharing of information with school staff, the parents adamantly refuse and walk out of the interview. You are aware that, even if the child cannot receive special resource help, there is much information from the assessment that could help the teacher provide a more successful academic program (Companion Manual Vignette Research #56). The Role of School Psychologists School psychologists most often work closely with school personnel, parents, and guardians, to determine how to best support the 25-30 percent of children who may be experiencing the following challenges: academic, cognitive, social and emotional (Canadian Psychological Association [CPA], 2007). A move towards inclusive education began in 1977 with the Canadian Human Rights Act, followed by the Canadian Charter of Rights and Freedom in 1983 (Kuniac, 2006). These legislative changes directed public attention towards additional services for the inclusion of children with special needs in the regular school system (CPA, 2007). In 2007, an Alberta government audit of severe disabilities uncovered inconsistencies in 3 Running head: INFORMED CONSENT AND CONFIDENTIALITY
coding criteria in special education, leading to an Alberta Education reform in special educational practice (Coranne-Johnson & Pei, 2012). Currently, Alberta Education has begun a special education initiative called Setting the Direction with the mission being to work with all education system partners and stakeholders to build an inclusive education (Alberta Education, 2009, p.5). Setting the Direction strives for an honourable and ethical inclusive education system focusing on students and their families, striving towards an inclusive society overall (Alberta Education, 2009, p. 12). The practice of school psychology involves but it not limited to the administration and interpretation of psychological tests to assess cognitive or emotional functioning (CPA, 2007, p.1). The expertise of school psychologists may be necessary at various levels within the school system involving family, teacher, school, or district wide assistance (CPA, 2007). According to the National Association of School Psychologists (NASP), the nature of school psychology is to benefit and provide services to many; however, this also leads to competing priorities and ethical dilemmas (2008). To resolve these dilemmas, school psychologists in Canada adhere to the Canadian Code of Ethics for Psychologists (CPA, 2000). While engaged in psychological and educational assessment, one must constantly consider these ethical standards for the protection of students rights, informed consent, and confidentiality. Basics of Informed Consent A challenging issue for psychologists working in school settings is one of informed consent, and what exactly the student can access in the absence of parental involvement. When obtaining informed consent, the Canadian Code of Ethics (CPA, 2000) states to seek as full and active participation from others in decisions that affect them (I.16). In most Canadian jurisdictions, 18 is the legal age of majority (Truscott & Crook, 2004). Children below the age of 4 Running head: INFORMED CONSENT AND CONFIDENTIALITY
majority typically require parental or guardian consent in order to proceed with any psychological services. This affords parents a legal right to direct their children (Truscott & Crook). Exceptions may exist for mature minors, who are children between the ages of 15-17, deemed to possess average intelligence along with an ability to understand the nature, purpose, risks, and benefits involved in the service being provided (CAP, 2010). Similarly, school psychologists must be aware of guidelines (CAP, 2010) around independent student status. The CAP (2010) states that under the School Act 1(m) an independent student be defined as one between the ages of 16-18, who is living independently, or is considered under the Child, Youth, and Family Enhancement Act (57.2). Independent students are able to provide their own consent (CAP, 2001). Likewise, the CAP (2010) considers guidance and counselling services an integral part of the school program (p.7). Consequently, parental consent is not required for the provision of guidance and counselling services, however, this does not apply to psycho- educational testing, where consent is still required (CAP, 2010). Guidelines for school psychologists (CPA, 2007) further state that informed parental consent is not generally required for the initial teacher-centered consultation, stage of referral. However, parental consent is required for any further child centered step in the process such as behaviour consultation, student centered intervention, and assessment (CPA, 2007). Basics of Confidentiality Another challenging issue for school psychologists is one of confidentiality, and who exactly is entitled to access student information. According to the Psychologists Association of Alberta (PAA), one of the top four complaints of professional misconduct is a breach of confidentiality (2006). The Canadian Code of Ethics for Psychologists (CPA, 2000) states that information remains confidential unless the client, or guardian, gives consent for disclosure (I.43, 5 Running head: INFORMED CONSENT AND CONFIDENTIALITY
I.44). Similarly, when providing services to minors, guidelines suggest that psychologists cannot release (confidential) information pertaining to these minors, without informed guardian consent (CAP, 2010). On one hand, the school psychologist must respect confidentiality (CPA, 2000) and in the case stated above, issues relating to privacy (I.40). Similarly, the parents may choose to withhold assessment information from other school personnel, based on the Charter of Rights and Freedoms (1982) (Truscott & Crook, 2004). When the standards with which parents wish to raise their children, conflict with ethical standards of the psychologist, a dilemma is sure to arise (Truscott & Crook, 2004). The confidentiality dilemma occurs when psychologists and counsellors working with children must decide between the legality of consent and the moral issue of the childs best interest (Adelmen & Taylor, 1989). Furthermore, the dependent nature of minors places increased responsibility on the psychologist to ensure safeguards exists to promote their rights (Truscott & Crook, 2004). Release of Confidential Information in the Absence of Informed Consent Pertinent to the school psychologist in this vignette, is the issue of releasing confidential information, in the absence of informed consent. Excluding instances of child abuse, court order, duty to protect third persons from imminent danger, or a duty to protect vulnerable persons, we all possess the right to decide who has access to our information (Truscott & Crook, 2004). Professional guidelines for school psychologists (CPA, 2007) acknowledge that in certain circumstances, withholding confidential information (such as school assessments) would clearly not be in the best interest of the child. Psychologists should strive to report appropriate information to other concerned professionals (I.46) if it is in the childs best interest (Adelmen & Taylor, 1989). In the case of publicly funded agencies (third-party payers) consent to release assessment information must be obtained prior to a child being designated by the district as 6 Running head: INFORMED CONSENT AND CONFIDENTIALITY
special needs (Alberta Education, 2009). This ensures an inability for parents to remove results if they do not like, or agree with the diagnosis (HPA, 1998). However, they retain the ability to deny special services for their child, including the creation and implementation of Individualized Education Plans (IPPs). Parents may obtain a copy of this assessment by directing their request towards the school principal, who would likely be considered head of the funding agency (CAP, 2005) and are subject to the Freedom of Information and Protection of Privacy Act (CAP, 2005). Reports are the property of the school district and must remain in a protected area to ensure confidentiality, and then kept for a minimum of 10 years following the assessment 11(2) (CAP, 2005). Information that results from assessments should only be shared with those involved in the teaching and learning process, to best serve the interest of the student (CPA, 2007). Perceived Inconsistencies / Resolution in Vignette #56 The following vignette is interesting to me as it seems to go against the above mentioned third party exceptions to confidentiality. I would think that the schools policy should reflect current standards of practice in psychology, and not abide by its own rules. The sentence which explains that parents must give informed consent before a report may be discussed with school staff or placed in a childs file, does not appear to be in keeping with the College of Alberta Psychologists Standards of Practice, with special issues in client and third party requests (CAP, 2005). It is stated (CAP, 2005) that publicly funded agencies (the school board) would in fact have access to results, as they provide (psychologists, test materials) and pay for the service of assessments. A second obvious issue I see with the information presented in this vignette is the fact that there was no mention of informed consent prior to conducting the assessment, and as previously mentioned is inconsistent with current guidelines. I will proceed with attempting to unravel this ethical dilemma as it stands, however, I cannot help but wonder if the true ethical 7 Running head: INFORMED CONSENT AND CONFIDENTIALITY
dilemma in this situation, is attempting to achieve school board policies that coincide with current legislation. In this dilemma, I have gone with the following: as it was not explicitly stated whether parental consent was achieved prior to the child being assessed by the school. However, I have assumed that informed consent was gained initially as it is required by law (CAP, 2005) as a minimum expectation for psychologists to uphold. The school is private, meaning that parents pay to have their children attend, and as a result they indirectly (via tuition) pay for any additional services the child may receive. Policy strives to account for this, by giving parents additional control that involves further consent to release assessment information, after assessment has been rendered. This policy leads to an unusual dilemma involving the inclusion of assessment information in a childs school file and special educational access. This dilemma would have been avoided if appropriate regulations for psychologists in Alberta were followed regarding initial consent. Step 1. Identification of the Individuals and Groups Potentially Affected by the Decision The primary individuals potentially affected by any decision I make are the child, the parents, the teacher, and myself. Less directly, the entire class may be affected by my decision, as appropriate allocation of teacher time is an issue for all students. Step 2. Identification of Ethically Relevant Issues and Practices, Including the Interests, Rights, and Any Relevant Characteristics of the Individuals and Groups Involved and of the System or Circumstances in Which the Ethical Problem Arose. Using the chart outlined in the Canadian Code of Ethics for Psychologists (CPA, 2000), I can identify 18 ethical values that require careful consideration in resolving my current dilemma. Seven under Respect for the Dignity of Persons I, four under Responsible Caring II, five under Integrity in Relationships III, and two under Responsibility to Society IV. 8 Running head: INFORMED CONSENT AND CONFIDENTIALITY
The Four Ethical Principles with their Respective Values and Standards as Found in the Canadian Code of Ethics for Psychologists (2000)
I. Respect for the Dignity of Persons
II. Responsible Caring
III. Integrity in Relationships
IV. Responsibility to Society
1. General Respect (I.1.-1.4)
1. General Caring (II.1-II.5)
1. Accuracy/ Honesty (III.1-III.9)
1. Development of Knowledge (IV.1- IV.3) 2. General Rights (I.5-I.8)
3. Risk/ Benefit Analysis (II.13- II.17) 3. Straightforwardness/ Openness (III.14- III.22) 3. Respect for Society (IV.15- IV.18)
4. Fair Treatment/ Due Process (I.12- I.15)
4. Maximize Benefits ( II.18- II.26)
4. Avoidance of Incomplete Disclosure (III.23- III.30)
4. Development of Society (IV.19- IV.29)
5. Informed Consent (I.16-I.26)
5. Minimize Harm (II.27-II.36)
5. Avoidance of Conflict of Interest (III.31-III.35)
5. Extended Responsibility (IV.30-IV.31)
6. Freedom of Consent (I.27-I.30)
6. Offset/ Correct Harm (II.37-II.44)
6. Reliance on the Discipline (III.36- III.38)
7. Protection for Vulnerable Persons (I.31-I.36)
7. Care of Animals (II.45- II.48) 7. Extended Responsibility (III.39-III.40)
8. Privacy (I.37-I.42)
8. Extended Responsibility (II.49-II.50)
9. Confidentiality (I.42-I.45)
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10. Extended Responsibility (I.46- I.47)
Principle / Value
PRINCIPLE I: RESPECT FOR THE DIGNITY OF PERSONS
Value: General Respect
I.1 Demonstrate appropriate respect for the knowledge, insight, experience, and areas of expertise of others.
Value: Fair Treatment / Due Process I.12 Work and act in a spirit of fair treatment to others.
Value: Informed Consent
1.16 Seek as full and active participation as possible from others in decisions that affect them, respecting and integrating as much as possible their opinions and wishes.
My Thoughts
One of the distinctive features of the Canadian Code of Ethics (2000) is the way in which Principles are weighted (Sinclair, 1996). Principle I, with its emphasis on moral rights, is generally given the highest weight when resolving ethical dilemmas. This I will keep in mind as I go through the ethical decision making process.
Whatever outcome occurs, I must demonstrate appropriate respect for the thoughts and opinions of the parents, no matter how different they may be from my own. I would like to communicate with them further; however, I feel that this would be in violation of this standard. They have given their decision, and I must respect that.
Parental reactions aside, I must still work to act in a spirit that will provide access to treatment (additional supports) for the child in the most ethical way.
This standard is central to what is creating this dilemma because in working with minors, it is really parental participation at play in obtaining informed consent. In keeping with the College of Alberta Psychologists (CAP) code of conduct (2005) psychologist should not provide services to a minor, without guardian consent (14.2). Because I do not have parental consent I may not precede with implementation of special education resources, which realistically is a decision which the child has no say in but will impact them nonetheless. 10 Running head: INFORMED CONSENT AND CONFIDENTIALITY
I.24 Ensure, in the process of obtaining informed consent, that at least the following points are understood: purpose and nature of the activity; mutual responsibilities; confidentiality protections and limitations; likely benefits and risks; alternatives; the likely consequences of non-action; the option to refuse or withdraw at any time, without prejudice; over what period of time the consent applies; and, how to rescind consent if desired. (Also see Standards III.23-30.)
I.26 Clarify the nature of multiple relationships to all concerned parties before obtaining consent, if providing services to or conducting research at the request or for the use of third parties. This would include, but not be limited to: the purpose of the service or research; the reasonably anticipated use that will be made of information collected; and, the limits on confidentiality. Third parties may include schools, courts, government agencies, insurance companies, police, and special funding bodies.
Value: Freedom of Consent I.27 Take all reasonable steps to ensure that consent is not given under conditions of coercion, undue pressure, or undue reward.
Value: Protection for Vulnerable Persons
No Specific Standard. Value Statement: psychologists recognize that as individuals,
I feel that this standard was not fulfilled. Because of the way the meeting ended, I was not able to clearly make the purpose of the assessment disclosure understood, nor did I have time to discuss confidentiality between professionals, when I attempted to negotiate partial sharing of assessment information with the parents. If I could only arrange another opportunity to meet with the parents and provide the necessary information to ensure an informed decision was made. Although this is what I feel would be right and in support of this standard, I must proceed with caution. I suspect further contact may be unethical.
This standard applies as I fear that I may not have adequately clarified the purpose of the service initially, when parents signed consent for the assessment. Now, the parents are refusing to sign the additional consent policy to release this information. Perhaps if I had also been clearer on what the parents wanted to see out of this assessment (likely proof that their child does not have a learning disability), I could have prepared them for the unexpected.
This standard suggests that whatever decision I make, I may not coerce the parents into doing something they do not want to do (consent to releasing assessment results). While I strongly wish to ease their discomfort and resistance through providing further information, I fear that a second attempt at contact, no matter how it is delivered (e.g. phone, mail, or sent home with the child) may be in violation of this standard. The parents may interpret any further contact I initiate as an attempt to manipulate their decision.
I need to do what I can to ensure that the childs Right to Treatment is prioritized ethically. In keeping with this standard, I may 11 Running head: INFORMED CONSENT AND CONFIDENTIALITY
family, group, or community vulnerabilities increase, or as the power of persons to control their environment or their lives decreases, psychologists have an increasing responsibility to seek ethical advice and to establish safeguards to protect the rights of the person involved.
Value: Confidentiality I.43 Be careful not to relay information about colleagues, colleagues clients, research participants, employees, supervisees, students, trainees, and members of organizations, gained in the process of their activities as psychologists, that the psychologist has reason to believe is considered confidential by those persons, except as required or justified by law. (Also see Standards IV.17 and IV.18.
I.45 Share confidential information with others only with the informed consent of those involved, or in a manner that the persons involved cannot be identified, except as required or justified by law, or in circumstances of actual or possible serious physical harm or death. (Also see Standards II.39, IV.17, and IV.18.)
Value: Extended Responsibility I.46 Encourage others, in a manner consistent with this Code, to respect the dignity of persons and to expect respect for their own dignity.
have to hold a meeting with the childs teacher, to come at this dilemma in an alternate way that does not require the recommended special educational resources, rather simply classroom resources. In any case, I must be extremely careful to not involve information gained from my activities as a psychologist in this situation. Typically, assessment results are considered to be confidential information and must be treated accordingly. Autonomy vs. beneficence, which has more weight? This is a difficult question, as the autonomy does not belong to the child in this case, yet the onus to do good for the child remains pertinent.
As previously mentioned, as is school policy, I am not at liberty to relay information to other school personnel without consent of the parents. However, since the teacher, has already been involved in the referral, and is another professional concerned with the welfare of her student, perhaps I could share the information providing reasonable steps have been taken to ensure confidentiality of this information has been understood. This will ensure that accommodations are arranged and will serve the best interest of this particular child 25(1) (CAP, 2005). I know, this is likely an inappropriate course of action due to confidentiality issues, but will consider it further on in the process.
This standard applies as it is a main reason behind my dilemma. Ethically, I am obligated to gain consent before sharing assessment information with school staff. Perhaps the parents will take it upon themselves to gain new information and the outcome can be revisited, however, I fear that this opportunity passed when the meeting ended so abruptly.
I did encourage the parents to respect the dignity of their child, and in turn of all children with exceptional needs, by providing further information regarding the nature of children who require special services. I explained that 12 Running head: INFORMED CONSENT AND CONFIDENTIALITY
PRINCIPLE II: RESPONSIBLE CARING
Value: General Caring
II.1 Protect and promote the welfare of clients, research participants, employees, supervisees, students, trainees, colleagues, and others.
Value: Maximize Benefits
II.21 Strive to provide and/or obtain the best possible service for those needing and seeking psychological service. This may include, but is not limited to: selecting interventions that are relevant to the needs and characteristics of the client and that have reasonable theoretical or empirically-supported efficacy in light of those needs and characteristics; consulting with, or including in service delivery, persons relevant to the culture or belief systems of those served; advocating on behalf of the client; and, recommending professionals other than psychologists when appropriate.
II.22 Monitor and evaluate the effect of their activities, record their findings, and communicate new knowledge to relevant others.
25-30 percent of children face various challenges (social, emotional, developmental, cognitive, or academic) due to neurological deficits, and through no fault of their own. Because of this, it is only fair that they should receive additional supports, as they have additional challenges. I know that knowledge will help the parents abide by this standard, and if I can, I must find a way to unobtrusively provide it.
At the forefront of my mind in this situation, is what is in the best interest of my client, and how can these interests be served? While the parents may not want special services for their child, the school personnel, have a duty to develop this child academically (NASP, 2008). A lack of consent means that special educational resources will not be provided, therefore, we must strive to find in class supports.
Again, I am striving to obtain the best services for my client, and due to the vulnerable position of children I must continue to advocate on the childs behalf, and against the wishes of the parents. Similarly, school psychologists consider children and other clients to be their primary responsibility, acting as advocates for their rights and welfare (NASP, IV. A. 1.). My new dilemma becomes what is appropriate advocacy? Does this mean I should support the teacher, does it mean I should provide recommendations to the parents (e.g. computer programs focusing on acquisition of basic skills, websites to provide relevant information on the child challenges) so they may support their child at home?
If I do not communicate my findings (that this child is in need of basic skills development) to appropriate school personnel (teacher, resource teacher), I feel I will be in breach of this standard. Similarly, guidelines for school psychologists in Canada state information obtained from assessments should only be 13 Running head: INFORMED CONSENT AND CONFIDENTIALITY
I.23 Provide, in obtaining informed consent, as much information as reasonable or prudent persons would want to know before making a decision or consenting to the activity. The psychologist would relay this information in language that the persons understand (including providing translation into another language, if necessary) and would take whatever reasonable steps are needed to ensure that the information was, in fact, understood.
Value: Minimize Harm II.30 Be acutely aware of the need for discretion in the recording and communication of information, in order that the information not be misinterpreted or misused to the detriment of others. This includes, but is not limited to: not recording information that could lead to misinterpretation and misuse; avoiding conjecture; clearly labelling opinion; and, communicating information in language that can be understood clearly by the recipient of the information
Offset / Correct Harm II.42 Be open to the concerns of others about perceptions of harm that they as a psychologist might be causing, stop activities that are causing harm, and not punish or seek punishment for those who raise such concerns in good faith.
shared with those persons involved with the teaching and learning process of the student (CPA, 2007, p. 9). However, this would again involve parental agreement 15(2) (CAP, 2005).
This standard would provide support for my decision to reopen lines of communication. I feel that I did not provide the parents with as much information as they reasonably needed to know. Psychologists must strive to allow people to make informed decisions and this has not yet been accomplished. Therefore, I must somehow provide them with that information. The way in which the parents exited the room, leads me to suspect that they are not making informed decisions, but rather decisions based on emotion and impulse. I feel in advocating for my client, it is my responsibility to attempt to not only provide appropriate information, but also attempt to ensure it is understood.
The value of minimizing harm, and exercising discretion when communicating information, is pertinent here. The parents do not want a special needs label placed on their child for fear that the stigma associated with special needs services will cause more harm, than will benefit from access to the services. In keeping with the codes of conduct for psychologists (CAP, 2005), I prepared appropriately to facilitate understanding (35); however, I did not have the opportunity to fully communicate the information. I feel like what was communicated misinterpreted, despite efforts to the contrary. I consistently come back to wanting to find an ethical way to correct this miscommunication.
I need to be open to concern the parents have regarding others perceiving their child in a negative way, due to the results of my assessment and special educational services. I understand that it is sometimes easier to ignore an issue, and hope it will go away on its own. This standard suggests that I should stop activities that are causing harm. The conflict is 14 Running head: INFORMED CONSENT AND CONFIDENTIALITY
PRINCIPLE III: INTEGRITY IN RELATIONSHIPS
Value: Accuracy / Honest
III.8 Acknowledge the limitations of their own and their colleagues knowledge, methods, findings, interventions, and views.
Value: Objectivity / Lack of Bias
Evaluate how their personal experiences, attitudes, values, social context, individual differences, stresses, and specific training influence their activities and thinking, integrating this awareness into all attempts to be objective and unbiased in their research, service, and other activities.
III.11 Take care to communicate as completely and objectively as possible, and to clearly differentiate facts, opinions, theories, hypotheses, and ideas, when communicating knowledge, findings, and views.
III.13 Act quickly to clarify any distortion by a sponsor, client, agency (e.g., news media), or other persons, of the findings of their research.
that I believe the parents to be the ones causing harm to their child. Accepting school supports and services could make all the difference as basic skills development (especially pertaining to reading) will impact each academic subject. I am clearly not able to disclose information or access additional services for this child without informed parental consent. As such, I must acknowledge the limitations of my findings, as per this standard. I accept that this child will not be benefited in the traditional way, (extra services, IPPs) however; I must explore other avenues through which this child can benefit.
This standard suggests that I must be aware of my own biases in the situation. My job and experience makes me an advocate on behalf of students who require special needs services. I have extensive training in identifying and assisting children who may be experiencing various challenges. I am also aware of how effective extra support can be if implemented appropriately. I must understand that the parents do not share my opinion, as they have their own experiences to draw from and guide their decisions.
This standard suggests that I did my due diligence when attempting to communicate the assessment findings to the parents in an objective way. They would never have guessed my level of disbelief at their response. However, this standard also states that complete communication is necessary; I know this was not carried out.
I fear that this standard is especially pertinent to my dilemma, as I was unable to clarify the parents distortion of what accessing special resources would mean for their child. I should have acted quickly to explain that their child may be very capable of achieving at a grade appropriate level, however, some changes may be needed in the way they are taught or tested. If given the time, I would have explained that an Independent Program Plan (IPP) may 15 Running head: INFORMED CONSENT AND CONFIDENTIALITY
Value: Avoidance of Conflict of Interest
III.35 Inform all parties, if a real or potential conflict of interest arises, of the need to resolve the situation in a manner that is consistent with Respect for the Dignity of Persons (Principle I) and Responsible Caring (Principle II), and take all reasonable steps to resolve the issue in such a manner.
Value: Reliance on the Discipline
III.36 Familiarize themselves with their disciplines rules and regulations, and abide by them, unless abiding by them would be seriously detrimental to the rights or welfare of others as demonstrated in the Principles of Respect for the Dignity of Persons or Responsible Caring. (See Standards IV.17 and IV.18 for guidelines regarding the resolution of such conflicts.)
III.38 Seek consultation from colleagues and/or appropriate groups and committees, and give due regard to their advice in arriving at a responsible decision, if faced with difficult situations
PRINCIPLE IV: RESPONSIBILITY TO SOCIETY
Value: Beneficial Activities
IV.7 Provide and/or contribute to a work simply outline adaptations for the child. Unfortunately, as previously mentioned, I suspect the time for clarification has passed, that information may have made a difference, and I have missed my opportunity to fully uphold this standard.
There is a definite conflict of interest here in terms of what is in the best interest of the child (receiving additional services) and what the parents have decided. This standard suggests that I should inform the parents of this conflict of interest, yet the school policy states parents have a right to withhold consent for access and action, upon reviewing assessment information.
I have reviewed practice guidelines for school psychologists (CPA, 2007) that state informed consent from a student of legal age or from a parent or legal guardian of a younger student is absolutely essential (p.11). However, I feel that I must care responsibly for my client, and provide them the right of access to appropriate education, including special educational services if need be.
I suspected this issue would come up one day, yet have not experienced this before. I will consult with my colleagues in different districts nearby and take into account all they have to offer on the matter. According to the NASP consultation with peers, coupled with ethical principles are the top two ways in which school psychologists resolve ethical dilemmas (2008). Likewise, I could consult with the principal as he may have some expertise in the area of providing for the childs best interest, while still behaving ethically, as I am sure this issue has come up before, considering the schools unusual policy pertaining to informed consent.
This standard suggests that although I may be questioned (likely by the childs teacher) 16 Running head: INFORMED CONSENT AND CONFIDENTIALITY
environment that supports the respectful expression of ethical concern or dissent, and the constructive resolution of such concern or dissent.
Value: Respect for Society
IV.18 Consult with colleagues, if faced with an apparent conflict between abiding by a law or regulation and following an ethical principle, unless in an emergency, and seek consensus as to the most ethical course of action and the most responsible, knowledgeable, effective, and respectful way to carry it out. regarding the results of the assessment, I will have to explain that I am unable to share that information with her at this time. I must understand and encourage her expression of concern in the matter as she may feel like we are harming the child by not disclosing the results of the assessment and implementing special educational services.
This standard suggests that I should and will consult with colleagues in this dilemma. The conflict appears to be between the law of obtaining informed consent (to provide special education resources, allow personnel access to records) and the agreement of serving the best interest of the client. I will carefully consider advice given, in order to decide on the most respectful, effective, and ethical course of action.
Step 3: Consideration of How Personal Biases, Stresses, or Self-interest Might Influence the Development of or Choice Between Courses of Actions My initial reaction was disbelief. We have come such a long way in advocating for children with special needs so that they can be afforded the same access to education as others, despite whatever challenges they may be faced with. I cannot believe these parents would want to take a step backwards. I also went through feelings of anger and frustration (which I of course did not express) as I essentially wasted time assessing a child who will not benefit, when another may have. I now feel guilty for not having better anticipated that type of reaction. I know that the conversation could have taken a different course if I had only anticipated it and somehow planned to lead the conversation in a strength and outcomes based direction. Maybe if I had addressed confidentiality and their various other concerns before mentioning the words special needs in relation to their child, we would have a different outcome. While I do not have children, I have taught them, and I really feel for those who struggle without knowing why. My 17 Running head: INFORMED CONSENT AND CONFIDENTIALITY
years of experience spent teaching and training as a psychologist leads me to be biased in support of coding, additional resources and full school personnel disclosure. I highly value the resources and support this school offers and I have seen how effective the right IPP can be for children. On the other hand, I must empathize with the parents. I know that often, learning disabilities have a genetic basis, and in all likelihood either one or both parents also struggled with this issue in school. It is possible they struggle still, and that their biases come from direct and painful experiences. In reality, I am sure they acting in a way that they believe will best protect their child. In years past, special education may have resulted in children being placed in different schools or separate classrooms, and not working on regular curriculum. Similarly, I must also be aware of the fact that this child has been struggling since beginning school. The parents may have given up on the process of receiving help entirely due to the waiting period between first noticing the struggle, and finally receiving an assessment is often long. They may have just accepted that their child will struggle, possibly like they did, but will turn out alright. Step 4. Development of Alternate Courses of Action In principle, this dilemma presents no conflict, however, in practice there is more to consider. As previously stated, in keeping with the information provided in the vignette, there was no need to review the ethical dilemma in order to completely rule out one option, which pertains to confidentiality. Legally and ethically I am not able to disclose the assessment results, or any information I have gained through activities as a school psychologist to other school personnel without parental consent. However, the confidentiality dilemma involves the following: on one hand, the school psychologist must abide by maintaining confidentiality, yet on the other hand, we should be most concerned with reporting appropriate information to other concerned professionals, relating to what is in the childs best interest (Adelmen & Taylor, 18 Running head: INFORMED CONSENT AND CONFIDENTIALITY
1989). While it is clear that disclosing assessment information is the route I may not take, my next priority becomes to ensure that the childs best interest is still somehow being served. The moral principle of beneficence, and doing good for clients, makes it impossible for me to accept the situation as it currently stands. Still, I am clearly bound by the ethical issues revolving around confidentiality and informed consent. I feel that one of the following alternatives will lead me to an ethical resolution. Alternative 1. I feel like my hands are tied in this situation, as there is no clear course of action. First, I will allow a cool down period of a few days before contacting the parents again. I will look outside of the CPA (2000) and seek further guidance from the ethical code of the NASP which states, school psychologists respect the wishes of parents who object to school psychological services and attempt to guide parents to alternative resources (I.15). I feel that this would also be in keeping with the Canadian Code of Ethics (2000), as I would be demonstrating appropriate respect for the knowledge, insight, and experience of the parents, while still advocating on behalf of my client. I plan on calling the parents for a follow-up, (I realize this is very touchy, as they likely want nothing to do with me at this point) and asking permission to simply send home a list of recommendations that I have compiled (e.g. educational computer sites/games to target the acquisition and strengthening of basic skills, suggestions on levelled read-aloud books to assist with reading fluency). I will also include website links pertaining to understanding the challenges of children with basic skills deficits, and parent support sites, to allow for communication with others in similar situations. They may feel more comfortable exploring information once I have removed myself from the process, and it is left up to them to peruse materials. I will express my appreciation for any opportunity to hear further viewpoints, questions, or concerns. My attempt 19 Running head: INFORMED CONSENT AND CONFIDENTIALITY
to reopen lines of communication will only revolve around recommendations. Important here is simply to provide access to information that may help that child at home, not to coerce the parents into reaching a different decision. Alternative 2. I will hold a meeting with the childs classroom teacher who will be waiting to hear the results of the assessment. I will inform the teacher of my inability to disclose assessment results due to a lack of informed consent and explain that we must explore other avenues for providing support to this child. I will ask the teacher what types of in-class assessments have been carried out on this student, who has already been identified as a struggling learner. We will brainstorm various assessments which may further assist in a greater comprehension of the childs learning needs (e.g. Fountas and Pinnell Benchmark Assessment). Likely, much pre-referral data has already been gathered and the teacher has formulated an opinion on what areas need to be supported in the classroom for this child. Arrange to meet again the following week to discuss assessment results and possible implications for that child in the classroom. Based around teacher collected data and observations, I recommendations various strategies which may be effective instructionally. This course of action does not represent an ethical dilemma as teachers are expected to provide individualized instruction for students if necessary. Similarly, I as the school psychologist am expected to serve as support for teachers. Lastly, the teacher meets with the parents to discuss only her own observations and include parental observations on the strengths and weaknesses of the child. Armed with strategies recommended by the psychologist, the teacher directs the outcome she believes will work for the child, taking into consideration parental input. I do not attend this meeting. It is 20 Running head: INFORMED CONSENT AND CONFIDENTIALITY
scheduled by the teacher, with her and the parents (and possibly the child). I have removed myself from the equation, suspecting that based on our history together, the parents will respond negatively to my being present. Similarly, this meeting has nothing to do with my assessment results; therefore, there is no need for me to be in attendance. Step 5. Analysis of Likely Short-term, Ongoing and Long-term Risks and Benefits of Each Course of Action on the Individual(s) / groups(s) Involved or Likely to Be Affected (e.g., Participants, Colleagues, the Discipline, Society, Self Possible Positive Consequences Possible Negative Consequences
Alternative 1. Lines of communication are re-opened which allow for the correction of harmful misinformation regarding special educational services in general.
In the long term I suspect this alternative to have the most potential to benefit. While my goal is to support the child in the best possible way, providing valuable recommendations and weblinks to the parents may lead to new knowledge gained. Often reconsideration of beliefs occurs with new information, and the parents may change their minds entirely.
Providing the parents with information to review if they choose, may lead to an informed decision, whatever that may be.
This alternative may be the best for giving parents a degree of control in their childs educational future, as they will have had ample Parents respond negatively on the phone to my sending recommendations home, and tell me not to contact them again. Nothing new is gained that will benefit the child.
Parents do not bother to look at recommendations once received, therefore, supports specific to this child are non-existent in the home and at school. The child continues to struggle with basic skills that negatively impact each academic subject. Likewise, although I am careful to send home only recommendations and access to pertinent information that I think will be of benefit the child, the parents feel that I am trying to influence their decision. They resist further, by continuing to do nothing, and no supports are implemented for their child.
This alternative will take a longer time to have a positive effect on the child educationally, if it does at all, since it depends on the parents reaching a more informed decision which they may not.
There is also a chance that the parents decide to take nothing into consideration, and the control they have over their childs educational 21 Running head: INFORMED CONSENT AND CONFIDENTIALITY
time (as much as they would like) to review information and potentially revisit their decision. If they can be in control of supports for their child and recognize how effective they can be, they may warm to the idea of supports at school.
Upon learning about deficits in basic skill areas through provided websites and resources, the parents decide to go ahead with special education programming and disclosure of assessment results. They see other people who have shared their views, gained knowledge on the process, risks, and benefits, of special education. They come to understand that modern special educational services are not like what they remember. They read about parents who, like them were opposed to labelling their child with an IPP and additional resources, but who ended up benefiting.
This outcome respects the wishes of the parent. It educates the parents, and they become their childs advocate. The parents feel that the change of heart was entirely up to them, as they are the expert on their child.
Alternative 2.
In the short-term this alternative is the better one. It will mean that the child is immediately supported in some way by the teacher. Through careful planning and data gathering, the teacher is able to appropriately provide classroom support for this child.
future will impact the child negatively. The child will continue to struggle in class if the teacher is not providing appropriate or adequate supports.
Parents may look into the suggested resources for information; however, refuse to identify with other parents like them. They continue to fixate on the idea that their child is not a dummy and that avoiding that label means keeping their child away from any special education resources.
Again, the parents feel that I am trying to manipulate their decision, through further contact. They feel disrespected and distrustful of psychologists. They continue to bring their own experiences and biases into their reasoning, rather than new knowledge. They are resolved on the decision, and the belief that their child will be fine, despite the struggles, as they were fine despite theirs.
The teacher does implement appropriate supports for this child and they succeed in the classroom. The following year, that child is not recognized as needing additional supports as there is no IPP. Clearly, this is not the best long-term solution as it leaves the child unsupported in the near future. The achievement of the child is left in the hands of the current teacher, and without that teacher, achievement drops.
Similarly, what if the current teacher does not continue supports? An absence of an IPP may lead to a lack of accountability in this childs 22 Running head: INFORMED CONSENT AND CONFIDENTIALITY
One role of a school psychologist is to support teachers in their practices and instruction. I will be providing support to this teacher, as is my job, yet will not disclose information I have gained through the assessment. Ethically, this seems like a good direction to take.
In keeping with ethical standards, it is best to include parents in the decision-making process regarding their childs education. While it is acceptable for me to meet with the teacher regarding concerns pertaining to the child that she has already stated, it is not acceptable for me to include myself in any meeting involving the parents and teacher. I am serving the best interest of the child (given the fact that they will not receive special education services elsewhere) by guiding the teacher in her practices. I am completely removed from the equation, and it becomes one of classroom practice, and classroom support, rather than one of special education.
Meeting begins with the parents and teacher, and goes favourably. Parents leave the meeting feeling that this teacher actually cares about their child and wants to do whatever will work best for them. Parents feel heard and in control of their childs educational future.
progress and the child may fall through the cracks.
The teacher could miss the mark on what this child requires, and focus on an instructional style which is not effective. When it becomes clear the supports are not leading to positive outcomes, the child will have slipped further behind academically.
This is very unlikely; however, if the parents somehow find out about our team meeting and that we have put supports for their child in place without them (although we have a right to do so) they may feel betrayed, leading towards feeling of distrust towards psychologists, teachers, and the educational system in general. They may completely remove any support for the teacher and school efforts. They may speak badly about the teacher and school at home, resulting in their child developing a similar lack of respect for school personnel and the process of education.
The parents feel that there is a conspiracy and that the whole school is out to put their child in special education. They may feel that school personnel believe their child to be dumb and requiring additional support. They become unreasonable to any suggestions or recommendations by the teacher. The teacher is completely taken aback and experiences feelings of stress around the situation.
Step 6. Choice of Course of Action after Conscientious Application of Existing Principles, Values, and Standards 23 Running head: INFORMED CONSENT AND CONFIDENTIALITY
I believe my second alternative to best serve the interest of the client. I think the actions and consequences of this alternative are more in keeping with the Canadian Code of Ethics (2000) and the First Principle of Respect for the Dignity of Person. I will have respected the experiences and desires of the parents, adhered to the ethical and legal issues revolving around informed consent (sharing student assessment results, and putting information in the students school file) and confidentiality (not sharing assessment), as well as protected vulnerable persons to the best of my ability in ensuring supports were implemented. The parents are less likely to feel that they are being coerced into anything (a true risk with Alternative 1) as the interview will allow for them to be included and in control of the educational process. However, I think that the values in Principle II are more supported in Alternative 1, as this course of action lends itself to the parents gaining additional information needed to make a rational decision, in a somewhat independent way (they can choose to look through the information or not). Similarly, Alternative 1 is the more likely to lead to what I (keeping my own biases in mind) consider to be the correct decision for their child. Conversely, this alternative also seems to possess larger risks as the potential for inaction (by the parents) is far greater. As the first principle, outweighs the second on ethical matters, this and careful deliberation, has led me to what I believe to be the most ethical course of action. Again, I will consult with other school psychologists (although they are in various districts) as to what they believe to be the correct course of action. Since the principal may also be affected by whatever decision I make (they may be hearing about this from the parents) I should likely consult with him to identify any additional concerns that I have not yet considered. I should also inform the teacher in some way as to the possible repercussions of holding a 24 Running head: INFORMED CONSENT AND CONFIDENTIALITY
meeting with these parents, after having had such a negative and emotional reaction from them in the past. Step 7. Action with a Commitment to Assume Responsibility for the Consequences of the Action. This step implies that whatever decision I make will come with consequences and I must be prepared to deal with them. Therefore, I must carry out the best course of action that I (the principal and colleagues in various other school boards) can agree on, that provides the most correct outcome according to the ethical principles of the Canadian Code of Ethics (2000). Step 8. Evaluation of the Results of the Course of Action. I need to evaluate whether the outcome I wanted (appropriate learning supports in the classroom) has been achieved. I also need to evaluate other negative consequences which may have resulted from my decision (e.g. the parents may have made a complaint, either against myself or the teacher, with concerns of interfering school personnel). Worst case scenario, the child is removed from the school. Step 9. Assumption of Responsibility for the Consequences of Action, Including Correction of Negative Consequences, If Any, or Re-engaging in the Decision-making Process If Ethical Issue is not Resolved It is possible that my chosen course of action will not work in the long run. Yet, I do suspect it will provide the most immediate benefit to the child. The teacher is keen to help each student and implement new suggestions. However, it is quite possible that my chosen course of action may not work for the parents. They may continue to see additional support (although it is only classroom support) as a negative outcome for their child. If this is the case, the teacher may continue to implement whatever instructional strategies deemed to be appropriate, regardless of 25 Running head: INFORMED CONSENT AND CONFIDENTIALITY
parental support as she is the expert on the way children learn. Because the parents are unable to control the way the teacher choses to instruct her students, Alternative 2, is the most beneficial and least harmful outcome for the child. It removes the possibility of negative and uninformed parental influence. Step 10. Appropriate Action, as warranted and Feasible, to Prevent Future Occurrences of the Dilemma (e.g., Communication and Problem Solving with Colleagues, Changes in Procedures and Practices) As mentioned initially, I suspect that the policies pertaining to psycho-educational testing at this school are out of touch with what is currently expected of school psychologists. Informed consent should be obtained prior to assessment only. This situation could be avoided in the future if the school changes the policy that parents must give informed consent before disclosing assessment results to other school personnel. It is understandable that from time to time, assessment results will not be in keeping with parental expectations, especially if a diagnosis is attached. We must not give parents the power to bury a diagnosis from school personnel, as they do not have that right in the public school system. I need to further discuss this issue with the principal so that we can bring current school policy up to date.
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References Alberta Education. (2009). Setting the direction framework. Retrieved from http://education.alberta.ca/media/1082136/sc_settingthedirection_framework.pdf Alberta Legislative Assembly. (1999). Health Professions Act. Edmonton: Author. Canadian Psychological Association. (2000). Canadian code of ethics for psychologists (3 rd ed.). Ottawa, Author. Canadian Psychological Association. (2001). Companion Manual to the Canadian Code of Ethics for Psychologists(3 rd ed.). (C. Sinclair, & J. Pettifor, Eds.) Ottawa, Ontario: Second Printing. Canadian Psychological Association. (2007). Professional practice guidelines for school psychologists. Edmonton: Author. College of Alberta Psychologists. (2010). Professional guidelines for psychologists - Limits to confidentiality and consent for services: Special issues in working with minors. Edmonton: Publisher. College of Alberta Psychologists. (2005). Professional guidelines for psychologists Special issues in client and third party requests. Edmonton: Author. College of Alberta Psychologists. (2005). Standards of practice. Edmonton: Author. Coranne-Johnson, R., & Pei, J. (2012). School psychologists - more than WISC jockeys. Edmonton: University of Alberta. Kuniec, M. (2006). An ethical framework to understanding Canadas mature minor doctrine. Edmonton: University of Lethbridge.
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National Association of School Psychologists. (2008). Professional ethics in school psychology. MD: Author. Psychologists Association of Alberta. (2006). A guidebook for starting and operating an independent professional practice in psychology. Edmonton, AB: Author. Psychologists Association of Alberta. (2010). The pivotal role of Alberta school psychology services: A response to Alberta Educations setting the direction - A position paper. Retrieved from http://www.psychologistsassociation.ab.ca/sitewyze/files/Position_Paper__PDF.pdf Sinclair, C. (1998). Nine unique features of the Canadian code of ethics for psychologists. Canadian Psychology, 39, 167-76. Taylor, L., & Adelman, H. (1989). Reframing the confidentiality dilemma to work in childrens best interests. Professional Psychology: Research and Practice, 20, 78-83. doi:10.1037/0735-7028.20.2.79 Truscott, D. & Crook, K.H. (2004). Ethics for the practice of psychology in Canada. Edmonton, AB: The University of Alberta Press.
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Grading Criteria Weight (19.5/20points) APA Style - See APA Style Grading Criteria The paper follows APA style in the presentation and organization of the paper. OVER THE LIMIT OF PAGES BY 5. Few APA errors.. 2.5/3 points State why the topic is important 3/3 points Demonstrate knowledge of relevant ethical principles and standards in addressing the topic 4/4 points Present two actual examples of dilemmas (they will usually involve conflict between principles or between interests of different parties) 3/3 points Demonstrate how you would resolved these dilemmas, e.g., how you apply your knowledge and ethical decision-making skills 4/4 points Describe how your personal values interface with the professional values and whether this presents any dissonance or personal conflict for you. What changes in the dilemmas described could have made it easier, or more difficult, for your personally? 3/3 points Great paper Jackeline. I certainly enjoyed your process and the dynamic of your thoughts.. Congratulations on your work enjoy the rest of your summer.