© 1996-2003 American Student Achievement Institute http://asai.indstate.edu • May be reproduced with proper citation for educational purposes. American Student Achievement Institute Confidentiality / Privileged Communication CONFIDENTIALITY PRIVILEGED COMMUNICATION Ethical Concept Legal Concept What is said between two people will remain secret and will not be shared without consent Protects from Forced Disclosure YES: School Counselors & School Social Workers NO: School Nurses, School Psychologists, Advisors, Mentors EXCEPTIONS TO CONFIDENTIALITY & PRIVILEGED COMMUNICATION Child Abuse & Neglect Student has committed an illegal act Student intends to commit a crime Parent (or eligible student) waives right Potential harm to self or others American Student Achievement Institute American Student Achievement Institute Title IX – Gender Equity Prohibits discrimination on the basis of gender by any institution receiving federal funds Prohibits discrimination on the basis of gender in guidance or counseling All careers open to both genders All courses offered to both genders Test interpretations differ for genders (red flag) Hiring practices – cannot be gender related American Student Achievement Institute American Student Achievement Institute Child in Need of Services IC 31-34-1-6 A CHILD IS IN NEED OF SERVICES IF BEFORE THE CHILD BECOMES EIGHTEEN (18) YEARS OF AGE: (1) The child substantially endangers the child’s own health or the health of another individual; and (2) The child needs care, treatment, or rehabilitation that the child (A) is not receiving, and (B) is unlikely to be provided or accepted with the coercive intervention of the court. American Student Achievement Institute Signs of Child in Need of Services CHILD ABUSE NEGLECT • Excessive bruises • Malnourished • Pattern of bruises • Ill-clad, dirty • Burns • Improper shelter • Burn patterns • • Lacerations, welts, abrasions Inappropriate health care • Excessive absences • Overworked • Lacking emotional nurturance • Abandonment • Injuries inconsistent with explanation • Sexual abuse • Emotional disturbance American Student Achievement Institute Duty to Report Child Abuse IC 33-31-5-1 “An individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article.” 1) Immediately notify the school principal who will cause a report to be made to: a) Local child protection service b) Local law enforcement agency IC 31-33-6 . . . a person, other than the person accused of child abuse or neglect . . . is immune from any civil or criminal liability that might otherwise be imposed because of such actions. FAILURE TO REPORT - MISDEMEANER American Student Achievement Institute How to Report 1. Report suspected cases to principal immediately (or his or her designee if the principal is out of the building) 2. Determine who will report the abuse to Child Protective Services 3. If not you, follow up to make sure the report was made 4. If Child Protective Services wishes to talk to the student at school a. Verify that the person is really from Child Protective Services b. Find a private place for the meeting b. Explain the situation to the student before they see the caseworker c. Assure him/her that the caseworker has the student’s best interests in mind d. Offer to be present during the interview e. If present, just listen f. Check in with the student after the caseworker is gone and the next day American Student Achievement Institute American Student Achievement Institute MALPRACTICE MALPRACTICE: Practices that are outside of a professional’s training or ability that result in damage to the recipient of those services NEGLIGENCE: A a breach of legal duty to perform acts that are part of the professional’s obligation ACTING IN GOOD FAITH: Using the ethical standards of one’s profession as a criterion for marking a legal determination. American Student Achievement Institute The Difference Between Counseling, Guidance, Active Listening COUNSELING: Using knowledge of counseling theory and counseling techniques to bring about a change in student behaviors or attitudes (should be practiced only by credentialed professionals) GUIDANCE: Sharing knowledge related to career, academic, or personal-social development ACTIVE LISTENING: Listening in an friendly and attentive manner American Student Achievement Institute LIBEL / SLANDER / DEFAMATION LIBEL: False statements that are published and bring about hatred, disgrace, ridicule, or contempt SLANDER: Verbal statements that bring about hatred, disgrace, ridicule, or contempt DEFAMATION: In civil suits, an injured reputation resulting from libel or slander Advisor Risks: Letters of recommendation Comments in student records American Student Achievement Institute American Student Achievement Institute Analysis / Evaluation / Survey IC 20-10.1-4-15 Schools may not require students to involuntarily participate in a personal analysis, an evaluation or survey that is not related to academic instruction without parent permission. American Student Achievement Institute © 1996-2003 American Student Achievement Institute http://asai.indstate.edu • May be reproduced with proper citation for educational purposes.