Confidentiality in the School Setting

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Confidentiality in the School Setting

• Presented by
• Emma Morales, LCSW
• Myrna Reynoso-Torres, LCSW
• Yolanda Vargas, LCSW

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Social Work in the School Setting Promotes
Academic Success!
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NASW Code of Ethics

• VALUE Importance of Human Relationships
• Social workers seek to strengthen relationships
  among people in a purposeful effort to promote,
  restore, maintain, and enhance the wellbeing of
  individuals, families, social groups,
  organizations, and communities.

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Confidentiality

• Confidentiality is fundamental to relationships
  with all clients
• The duty to maintain the privacy of information
  obtained in the course of the professional/client
  relationship
• Confidential information may be obtained from
  sources other than the client, such as the
  parent, or other professionals

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Confidentiality MattersVideo
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Importance of Confidentiality

• It promotes trust
• It creates a safe counseling environment

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Not Confidentiality
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CONSENT Best practice suggests that parents be
involved in the consent of students receiving
mental health services. Therefore, you should get
parent consent for all LAUSD students.
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Informed Consent

• At the beginning, discuss the rules in the
  relationship
• Service you will provide
• Confidentiality (child-therapist
  parent-therapist)
• Limitations to Confidentiality
• Confirm consent in writing and review written
  document with parent and student

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Confidentiality in the school setting

• EVERYONE wants to know whats happening with the
  student.

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Providing Confidential Information
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Can you share information with colleagues at the
school?

• YES, but it has to be
• PURPOSEFUL
• BEST INTEREST OF THE CHILD

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Before you share information THINK

• WHY are you sharing the information?
• WHAT information are you sharing?
• WHO are you sharing this information with?

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Can You Share Information with Outside Sources?

• Only if you have a signed release of information
• This applies to DCFS workers, outside community
  agencies (mental health, medical, legal, etc)
• If you are unsure. consult with your field
  instructor

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Can you share information with Parents?

• Yes- Only if it pertains to Limits of
  Confidentiality
• It is best to encourage the client to communicate
  with parent about something parent might need to
  know

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Limitations to Confidentiality

• Abuse/Neglect
• Danger to self
• Danger to Others
• Tarasoff

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TARASOFF - Duty to Warn

• A California Supreme Court decision that held
  that a psychologist could be held liable for
  failing to take reasonable steps to protect the
  intended victim when a client threatens violence.
  This decision created the duty to warn a
  reasonably identifiable victim when a client
  threatens violence.

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Exceptions Students 12 years of age or
older that need sensitive services
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What are sensitive services?

• Pregnancy, contraceptive and abortion
• HIV testing and services
• Medical care of an STD
• Rape services
• In cases of rape or sexual assault,
  students can provide consent, but parents must be
  notified unless they are the perpetrators.

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Students age 12 or older can provide consent
themselves for mental health services if they
meet two criteria

• Student is deemed mature enough to make an
  informed decision
• AND
• One of the two following apply
• Without mental health services, student would
  present a danger of serious physical or mental
  harm to self or others.
• Student is an alleged victim of incest or child
  abuse.

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How many times can you meet with a student before
getting parental consent?

• Once!
• But only.
• To receive a consent form to take home
• For a crisis situation

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What if parent refuses consent?

• You MAY NOT see the student
• Unless
• not receiving mental health services would pose
  a significant health or mental health risk to the
  student
• Your reasons for seeing the student must be
  documented.

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Vignette

• DCFS case manager is working with Tommy. The case
  manager asks the school mental health
  professional about Tommy, whether he seems happy,
  is making friends, etc. The case manager then
  says she wants to talk to Tommys teacher to find
  out if he is out ill often.
• What do you do?

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Other Things to Consider Regarding Confidentiality

• Leaving phone messages
• Emailing
• Running into clients in a public setting

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CLIENT RECORDS

• Progress Notes
• Keep track of significant events/dates/people
• These notes should remain general and neutral
• Document as if your records could be subpoenaed
  in a court of law and read in front of the client
• Do not leave notes or charts where others can see
  them

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• Personal Notes
• Are designed to reflect your longer thoughts,
  reflections and observations
• Are to be kept separate from pupil records
• Process recordings fall under this category
• Personal notes remain personal as long as they
  are not shared in a public forum

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In Conclusion

• Be mindful of what you say and what you write
• Review limits of confidentiality before every
  individual and/or group session
• Get signed consent and release of information
  forms for every client

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• QUESTIONS???

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