Confidentiality - LAUSD School Mental Health

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Confidentiality in the
School Setting
Presented by:
Emma Morales, LCSW
Myrna Reynoso-Torres, LCSW
Yolanda Vargas, LCSW
Social Work in the School
Setting Promotes
Academic Success!
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.
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
Confidentiality Matters
Video
Importance of
Confidentiality
 It
promotes trust
 It creates a safe counseling
environment
Not Confidentiality
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.
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
Los Angeles Unified School District
School Mental Health
Consent Form
Our school is pleased to announce that we are offering individual, family, and
group counseling to students. Your child, ____________________________, has been
referred for this service in order to help him/her achieve greater success in his/her
educational, social, and emotional growth.
Services may include home visits, phone
contacts, and referrals to additional resources. Services may also require collaboration
with school staff and community agencies.
In signing the bottom of this form, you as the parent or guardian are indicating
that you understand that information regarding your family will be held in confidence
with the exception of situations that may be harmful to the health and safety of others,
including yourself and your children. It is your right to accept, refuse, or stop services at
any time.
If you have any specific questions or need any further assistance, please call
_________________________ at _______________________.
***********************************************************************
_____ I accept services.
_____ I decline services.
_____ I would like to receive a list of referrals to community resources.
___________________________________
Child’s Name
_____________________________
Child’s D.O.B.
___________________________________
Name of Parent/Guardian
_____________________________
Address
___________________________________
Home Telephone
_____________________________
Work/Cell Phone
___________________________________
Signature of Parent/Guardian
_____________________________
Today’s Date
Confidentiality in the
school setting

EVERYONE wants to know what’s
happening with the student.
Providing Confidential
Information
Can you share information
with colleagues at the
school?



YES, but it has to be:
PURPOSEFUL
BEST INTEREST OF THE CHILD
Before you share information
THINK

WHY are you sharing the information?

WHAT information are you sharing?

WHO are you sharing this information with?
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
Los Angeles Unified School District
School Mental Health
Parent Authorization for Release/Exchange of Information
Date: _____________________ To Parent/Guardian (s) of : _____________________________
We are requesting your written authorization for release/exchange of information from the individual,
agency, or institution indicated below.
The information received shall be reviewed only by appropriate professionals in accordance with
the Family Educational Rights and Privacy Act of 1974.
TO: ________________________________
Name
RE: ___________________________________
Pupil (Last name)
(First name)
____________________________________
Agency, Institution, or Department
Date of Birth: _______/_______/_______
Mo.
Day
Yr.
____________________________________
Street Address
___________________________________
Street Address
____________________________________
City
State
Zip
____________________________________
City
State
Zip
I hereby give you permission to release/exchange the following information:
_____ Medical/Health
_____ Speech & Language
_____ Educational
_____ Psychological/Mental Health
_____ Other-Specify ____________________________
The information will be used to assist in determining the needs of the pupil.
THIS INFORMATION IS TO BE SENT TO:
_____________________________________________________________________________
Name
Position
_____________________________________________________________________________
Address
This authorization shall be valid until __________________________ unless revoked earlier.
I request a copy of this authorization:
_____ Yes
_____ No
Signature: _________________________________________
Parent/Legal Guardian
Date: _____________________
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
Limitations to
Confidentiality
Abuse/Neglect
 Danger to self
 Danger to Others
“Tarasoff”

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.
NOTICE
I am a Social Work Intern.
Anything you share with me WILL NOT be
shared with anyone else without your
permission, except in the following three
situations:
 I suspect that you are in DANGER OF
HARMING YOURSELF.
 I suspect you INTEND TO HARM
ANOTHER PERSON.
 I suspect that YOU ARE VICTIM OF
ABUSE.
By law, I MUST REPORT these three
situations. However, I will also be
available to help you through the process
toward resolution.
Exceptions
Students 12 years of age or
older that need “sensitive
services”
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.
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:
1.
Without mental health services, student
would present a danger of serious physical
or mental harm to self or others.
2.
Student is an alleged victim of incest or
child abuse.
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
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.
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 Tommy’s teacher to find out if
he is out ill often.
What do you do?
Other Things to Consider
Regarding Confidentiality
 Leaving
phone messages
 Emailing
 Running into clients in a public
setting
CLIENT RECORDS
Progress Notes



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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
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
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
QUESTIONS???
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