Ethics Final

In Loco Parentis Doctrine with suicide

"in place of parent" places legal responsibility of child from the parents to the school personnel while in school's care. Schools perform responsibilities of parents, such as control and supervision, while student is in school. Georgia Code Title 31. Health 31.9.2 (2010)

Involuntary Commitments (referred to as 1013s in GA)

- Georgia 1013 allows the involuntary commitment of an individual to an institution for 72 hours ● Criteria: o Imminent danger to self or others, evidenced by recent overt acts that are expressed through acts of violence o Unable to care for physical health or safety so as to create an imminently life endangering crisis ● Those with commitment authority, courts, law officials, and medical and psychiatric professionals, can implement it ● Habeas Corpus law allows detainees to challenge the validity of their detention if they feel they are being unlawfully detained

Sterling v. Borough of Millersville (2000)

- Suicide in the LGBTQ community ○ Deals with "outing" another person ○ Implications for privacy rights of students with regards to sexual orientation ○ Court determined police may have violated gay teen's constitutional right to privacy when threatened to tell his family that he was gay ○ Boy committed suicide after threat was made ○ Judge stated disclosure of individual's sexual orientation by government officials is violation of individual's of constitutional right to privacy unless there is a genuine, legitimate, and compelling government interest in making disclosure ○ Case been interpreted to suggest that principals, teachers, school psychologists, and other school personnel should not divulge information about student's sexual orientation without his or her permission

Steps for Breaching confidentiality for suicide

1. notify parents about situation and request they come to school immediately 2. upon arrival, state why you think child may be at risk for suicide 3. advise parents to remove any lethal means from their home 4. discuss treatment options with family and provide resources to mental health services 5. request parents sign parent contact acknowledgement form to confirm they were notified 6. tell parents you will follow up 7. release student to parent if doesn't need to be hospitalized 8. you may have to notify child protective services of neglect if parents refuse to seek services 9. DOCUMENT

Georgia Law regarding sex education

160-4-2.12: comprehensive health and P.E. education program plan (2018) planned program that includes instruction relating to handling of peer pressure, promotion of high self-esteem, and abstinence from sex until marriage to prevent STI's ● The state board of education in Georgia decides the grade levels subject are taught as well as the guidelines for sex ed curriculum, and instruction must "emphasize abstinence from sexual activity until marriage and fidelity in marriage as important personal goals." ● Teaching about contraceptives, such as condoms or the Pill, is not required by Georgia law. ● Although they must be notified, teens in Georgia do not need their parents' permission to participate in sexuality education or HIV/AIDS education classes. Parents can take their children out of sex ed classes if they wish, though, by sending a notice to their child's school. This is called an "opt out" policy.

Liability for suicide

A counselor's legal liability ends when school authorities or parents have been notified that a student is at risk and appropriate actions have been recommended. ● However, a counselor's ethical obligation to a suicidal student may extend beyond parental notification. If a student isn't helped after notifying parents or guardians, then the student's counseling needs haven't been met.

Mandated reporting in regards to school violence

A mandated reporter is a person who, because of his or her profession, is legally required to report any suspicion of child abuse or neglect to the relevant authorities. These laws are in place to prevent children from being abused and to end any possible abuse or neglect at the earliest possible stage. **we fall into this category as school psychs** In the State of Georgia: Mandated Reporter Law - O.C.G.A. §19-7-5 (2016)

Emotional Abuse

A pattern of behavior that impairs a child's emotional development or sense of self-worth. This may include constant criticism, threats, or rejection, as well as withholding love, support, or guidance.

Child Abuse definition

A. Physical injury or death inflicted upon a child by a parent/caretaker thereof by other than accidental means B. neglect or exploitation of a child by a parent/caretaker C. Endangering a child D. Sexual abuse of a child E. Sexual exploitation of a child.

Intervening Force

Any event that may occur between the breach of duty of school personnel (negligence) and suicide of student. Intevening force is used by school attorneys to show that there could be another reason that harm resulted. (Mares v. Shawnee mission school district, 2007) mother of 2 sons who both died of suicide sued school for negligence. mom claimed school ignored national suicide prevention standards and best practices by NASP. court ruled statute of limitations on 1st son's suicide. School not found liable due to intervening force.

Eldridge et al v. Aronson (1996)

Bill and Jane Eldridge, the custodial parents of David Eldridge, sought damages under OCGA § 51-1-18(a) against Mark and Patricia Aronson for allegedly furnishing alcoholic beverages to their underage son without their permission. The Eldridges appeal the trial court's grant of Mark Aronson and Patricia Aronson's separate motions for summary judgment. The summary judgment was ultimately reversed.

Negligence in Suicide

Breach of duty of an individual that results in injury or damage. Court must establish a connection between a school personnel's lack of absence of duty to care for the student and student's suicide. Kelson v. City of springfield, 1985 (Brian brough a gun to school and told teacher to follow instructions; she persuaded him into the office; He showed the vice principal a suicide note; the police came and said that he was in trouble with the law; a few minutes later, brian went into the bathroom and shot himself.

Erin's Law

Erin was a 6 yr old girl that was sexually abused by neighbor until her parents decided to move when she was 8. She was abused from 11-13 by her cousin who lived near her. She was threatened for silence by both abusers. She came forward during her senior year as she self published her diary (stolen innocence). Erin first introduced the legislation in her home state of Illinois and the bill was named Erin's law after her by legislators and is nation wide. Requires that public school students from K- 9th grade get annual, age-appropriate education about sexual abuse and assault and how to prevent them

State created danger with suicide

Failure to enact policies and procedures if the student is in danger. Sanford v. Stiles, 2006. High school student reported to an ex-gf suicidal thoughts. girl reported this info and school counselor questioned the student several times about thoughts; he denied. Counselor wasn't found liable of state-created danger b/c she saw no signs of suicidality and mother ignored notes.

1st amendment

Freedom of speech

Risky behaviors and the use of electronics and Mandated reporting of these risky behaviors

GA's mandated reporter law (19-7-5, 16-12-100) personnel must report anyone who allows a child to participate in sexual conduct or "lewd exhibition of the genitals" in film or photographs. The sexual exploitation law covers "sexting pictures of a minor, regardless of the age of the person taking or sending the photograph. The law does not apply to a minor who "takes or possesses" a picture of himself or herself, but does apply to anyone who transmits it. FERPA applies here PPRA (protection of pupil rights act): requires schools to obtain written parental consent before a pupil can be required to submit a survey, analysis or evaluation that reveals certain types of personal info

Federal and State Law regarding Statutory rape

Georgia State Law: Title 16 (crimes and offenses): 16-6-3: In Georgia, anyone who has sexual intercourse with a person under the age of 16 can face charges for statutory rape. In terms of "Romeo and Juliet" laws for this, if the victim is between 14-16 years old and the defendant is 18 years years old or no more than four years older than the victim, he or she will only face misdemeanor charges. In state of GA, they must register as a sexual offender for life. It's a felony for statutory rape, if the rapist is under 21 y/o, they get 1-20 years in jail. If the rapist is over 21 y/o, 10-20 years in prison. The Romeo and Juliet equivalent is a misdemeanor and 1 year in jail. statutory rape Federal Law: state by state decision

Tarasoff I and II

I: Duty to Warn→ Resulted in mental health professionals' duty-to-warn if client poses threat to harm others in the future II: Duty to Protect→ Therapist has a duty to exercise reasonable care to protect the foreseeable victim by getting others involved, not just warning Duty to warn and protect overrule confidentiality provided in patient-client relationship. ● There are 3 criteria for this: 1) foreseeable harm, 2) identification of victim, and 3) intervention is feasible.

Jason Flatt Act

In honor of Jason Flatt, who committed suicide in 1997. Most inclusive legislation on mandatory suicide awareness and prevention. Can be passed without a fiscal note (not funded) Requirements: all educators must do 2 hours of suicide prevention and awareness training yearly to complete licensure; each local school system must adopt a suicide awareness and prevention policy. In GA, the act went into effect May 5, 2015 as house bill 198. 20 states have this act.

Privacy Laws

In the case of District of Columbia v. Heller (2008), gave individuals the right to own guns. ● The Supreme Court issued its first decision interpreting the Second Amendment since 1939 ● The constitutionality of Washington D.C's handgun ban, a law that was in effect for 32 years, was challenged ● The court ruled that the Second Amendments gave Individuals the right to own guns (for lawful purposes such as self-defense), and that the Washington D.C. law violated this right ● Miller is an exception to the rule that individual citizens can own guns, since sawed-off shotguns can't be used for any law-abiding purpose. ● Similar weapons that can't be used for lawful purposes can be regulated ● However, it does not go against the Constitution to have regulations that prevent criminals and people with mental illnesses from owning guns

Sexual Abuse

Includes activities by a parent or caregiver such as fondling a child's genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution or the production of pornographic materials.

Arnold v. Board of Education escambia county (1989)

Jane Doe, a student who had an abortion, and the father and both sets of parents brought a civil rights action against the guidance counselor, vice principal and school board, claiming that the school personnel coerced Jane into having an abortion. The court dismissed the case due to failing to have a cause of action. On appeal,the Court of Appeals found that coercing a minor to abort violates the minor's constitutionally protected freeedom to make her own abortion decision. Because only the mother enjoys the right to choose, the putative father and the parents may not state that claim. However, they may have a cause of action for coercion to refrain from parental consultation prior to the abortion.

Brooks v. Logan (1990) on Montgomery county (1991)

Jeffrey brooks asked by english teacher laura logan to make entries in a daily journal. The following January he committed suicide at his home. AFter the suicide, Logan read through the student's entirs in journal and turned it over to a counselor who subsequently delivered it to his parents. Logan did not read the journals while he was living and the child's journals contained suicidal ideation. The parents brought suit against Logan and the school district alleging that the district has a duty regarding the investigation and training of qualified teachers and a duty to take affirmative action to detect and assist students who suffer from depression. court found that the school did not owe a duty of care to jeff and that they were immune from liability for failing to implement a suicide prevention program. the Idaho supreme court disagreed, finding that state legislature created a statutory duty requiring a school to act affirmatively to prevent forseeable harm to its students.

Human Trafficking

Labor Servitude: work or service of financial value obtained from a person through coercion or deception Sexual Servitude: any sexually explicit conduct or performanc for which anything of balue is given where the conduct was induced or obtained through coercion or deception or the conduct was induced or obtained from a person under the age of 18.

Neglect

Neglect is the failure of a parent, guardian, or other caregiver to provide for a child's basic needs. Neglect may be physical, medical, educational, and emotional. Recently, abandonment and substance abuse are becoming recognized as a form of neglect.

Eisel v. Board of Education of Montgomery (1991)

Nina (13) became involved in satanism and developed an interest in death. She told two school counselors who questioned her about suicide and Nina denied making such comments. No one told Nina's parents about the possible comments. Nina died from a murder-suicide pact with another girl. Courts ruled that counselors had a duty to protect, including making a phone call to Mr. Eisel, but the board of education was exonerated. This violates forseeability. In LOCO PARENTIS was critical in this case. Negligence and report to parents violated in this .

14th amendment in regards to suicide, child abuse etc.

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." ○Created to prevent state governments from trespassing on the rights of individual citizens 2 aspects most important in decisions regardign schools: equal protection clause and procedural due process

Physical Abuse

Non-accidental physical injury (ranging from minor bruises to severe fractures or death) as a result of punching, beating, kicking, biting, shaking, throwing, stabbing, choking, hitting (with a hand, stick, strap, or other object), burning, or otherwise harming a child, that is inflicted by a parent, caregiver, or other person who has responsibility for the child. ■ Such injury is considered abuse regardless of whether the caregiver intended to hurt the child. ■ Physical discipline, such as spanking or paddling, is not considered abuse as long as it is reasonable and causes no bodily injury to the child.

GA Safe Harbor/Rachel's Law Act (GA senate Bill 8)

Passed in 2016, safe harbor for sexually exploited children fund helps victims get back on their feet by helping to pay for physical and mental healthcare, housing education, job training, child care, legal help and other services. The money comes from fines of convicted traffickers and an annual fee on adult entertainment establishments. Convicted traffickers now have to register as sex offenders on sex offender registry.

NASP principles for suicide

Principle I.2: privacy and confidentiality, Principle II.1: competence, Principle II.2: accepting responsiblity for actions, Principle II.4: responsible school-based record keeping, Principle IV. 1: promoting healthy school, family and community environments

Bogust v. Iverson (1960)

Professor at univ. of wisconsin interviewed 18 year old jennie bogus concerning personal, social and educational problems and conflicting feelings, environment and social effectiveness, he then recommended interviews be discont., 6 wks later, bogust committed suicide. Her parents sued Iverson in court, both trial and appeals courts held that facts as alleged were insufficient to constitute a cause of action. The supreme court affirmed rulings of lower court. This case put school personnel on notice to receive professional develop, on suicidal ideation.

PPRA in relation to suicide

Protection of pupil rights amendment: This federal statute requires parental consent before minor students are required to take part in a survey funded through the U.S. Department of Education that addresses any of a number of sensitive topics. Included on the list of topics are two that may be of relevance to surveys undertaken in connection with school safety efforts: ● Mental and psychological problems potentially embarrassing to the student and his or her family ● Illegal, antisocial, self-incriminating, and demeaning behavior ● Suicide may fit into either of these categories and therefore parental consent would need to be attained if surveying students about questions related to suicide.

Garrett Lee Smith Memorial Act

Provides funding for suicide prevention activities, such as: education, training, gatekeeper training, screening activities, crisis hotlines, community partnerships.

Grant v. Board of Trustess of Valley View School Distrcit (1997)

Senior (jason) told students he was going to kill himself, wrote suicide notes, students reported his intentions to school counselor. Counselor questioned Jason but took no action other than calling his mom and advising her to take him to a hospital for drug overdose treatment but he did not discuss his suicide threats. Later that day, Jason jumped off a highway and killed himself. Jason's mother sued the school distrcit and counselor for 3 reasons: special duty to exercise reasonable care for his safety, breach of ordinary negligence standard, greater caution should have been used in dealing with a teen with suicidal tendencies. their failure to take reasonable precautions or to notify Maria was intentional and constituted willful and wanton conduct. ○ The trial court agreed with the defendants and dismissed the complaint with prejudice.

National Minimal Drinking Age Act (1984)

Set minimum legal drinking age at 21. U.S.C 23-158: he act was a controversial bill that punished every state that allowed persons below 21 years to purchase and publicly possess alcoholic beverages by reducing its annual federal highway apportionment by 10 percent. The law was later amended, lowering the penalty to 8 percent from fiscal year 2012 and beyond.[4] Despite its name, this act did not outlaw the consumption of alcoholic beverages by those under 21 years of age, just its purchase.

Duty of Care for suicide

Standard of care is the degree of care that a reasonable person should exercise towards others. ● For us, duty of care means that we have a legal duty as mental health professionals that we owe to patients once the therapist-patient relationship has been established ● If we engage in a therapeutic relationship with a student then we take on a duty of care for them ● If a clinician acts or fails to act in such a way that the resulting care is below what is considered to be the standard of care, then the duty of care is said to be breached. ● It is the first element that must be established to proceed with an action in negligence

Armijo v. wagon mound public schools (1998)

Student with disabilities was suspended and left alone at home after being driven home by a school employee w/o parental consent. He died from suicide. student had made threats that school employees were aware of and school personnel knew firearms were availabel at home. Proof was sufficient to go to trial under US civil right act section 1983 but school was ultimately not held liable.

Mandated reporting for suicide

Suicide is not considered to be an area where reporting is mandated. Generally, federal statutes and state law require schools to report to law enforcement officials any criminal or violent acts (e.g., assault, homicide, child abuse) or possession of weapons or drugs. According to Georgia DOE: Caregivers should be contacted asap after a student has been deemed at risk for suicide typically the principal, school psychologist, or a staff member with a special relationship with the student or family.

Duty to warn (tarasoff I) and Duty to Protect (Tarasoff II) in relation to school violence

Tarasoff I (1974) Foreign student, Poddar from India disclosed to his therapist that he wanted to harm his ex-girlfriend. Psychologist notified police who visited Poddar and reported that he denied any intention of hurting Tarasoff. Poddar ended up killing Tarasoff 2 months later · Therapist had a duty to warn Tarasoff · Public policy favoring protection of the confidential character of patient-psychotherapist relationship must yield in instances in which disclosure is essential to avert danger to others · The protection privilege ends where the public peril begins Tarasoff II (1976) · Therapist has a duty to exercise reasonable care to protect the foreseeable victim - Duty to warn and protect overrule confidentiality provided in patient-client relationship. ● There are 3 criteria for this: 1) foreseeable harm, 2) identification of victim, and 3) intervention is feasible. ● "in those situations in which failure to release information would result in danger to the student or others or where otherwise required by law. This obligation to breach confidentiality to ensure the safety of the client or others are referred to as the duty to warn (Tarasoff I) and the duty to protect (Tarasoff II).

Due Process

The Due Process Clause offers constitutional safeguards to persons affected by governmental actions or judgments. ● Both procedural and substantive due process must be satisfied for a government action affecting life, liberty, or property to be constitutional. ● Procedural due process stipulates how government action are to be carried out ● Substantive due process is a generalized protection requiring governmental actions affecting life, liberty, or property to be fair and reasonable in content as well as application

Board of eduction of independent school district No. 92 of pottawatomie county et al v. earls et al

The Tecumseh School District adopted a policy which required all middle and high school students to consent to drug testing in order to participate in any extracurricular activity. It has only been applied to competitive activities. Two students challenged the policy. case in which the U.S. Supreme Court on June 27, 2002, ruled (5-4) that suspicionless drug testing of students participating in competitive extracurricular activities did not violate the Fourth Amendment, which guarantees protection from unreasonable searches and seizures.

Immunity with suicide

US civil rights act section 1983: individual citizens have right to sue state government employees and entities. Governmental immunity is granted to school disctricts and entities b/c they aren't held legally accountable for actions of employees. School aren't granted immunity if personnel has failed to enforce policies and procedures or have a special relationship.

Research ethics for mental health

What ethical principles guide a response when considering preparedness for individuals with serious mental disorders? ● Minimizing of harm ● Equity ● Effectiveness ● Respecting of choice ● Right to privacy ● Duty to provide care ● Transparency ● Apply APA & NASP codes ● Use ethical decision making model

Forseeability with suicide

Would a reasonable person recognize that an individual is likely in imminent danger or in a state of distress? school can be held liable if the answer is yes.

Wyke v. Polk County School Board, 1997

Young boy died from suicide in his home after two prior attempts on school property. Mom calend that she didn't know of other attempts. School admin. told his mom that the school had it under control by reading bible verses to the boy. Courts ruled that shawn's suicide was forseeable but was not found guilty of negligence to take appropriate steps to prevent Shawn's suicide. This violates forseeability.

FERPA in relation to suicide

a federal statute that tells us when we can and cannot disclose student records and information. ● Health or safety emergency. In an emergency, schools are allowed to disclose information from education records if disclosure is necessary to protect the health or safety of the student or other individuals to appropriate parties

Romeo and Juliet Laws

apply to cases of statutory rape when both members engaging in consensual sexual intercourse are teens (13-19)

Deshaney v. Winnebago County Dept. of social services (1989)

federal claim: 1st articulated state-created danger; social workers received complaints that a child was being severely beaten by his father and took steps to protect him. (didn't remove from home). father finally beat him so severely that he suffered permanent brain damage and was rendered "profoundly retarded". Mom sued under 1983 that county dept of SS deprived him of his liberty interest in body integrity in violation of his rights under the substantive component of the 14th amendment's due process clause, by failing to intervene to protect him against dad's violence. Courts rule that SS failure to protect didn't violate his rights under substantive component of due process clause.

Cyber bullying

generally as bullying that occurs online, or more specificall, as an "aggressive, intentional act carriend out by a group or individual using electronic forms of contact repeatedly adn over time against a victim who can't easily defend himself.

Statutory Rape

having sexual relations with someone below the age of consent, since children under age of consent cannot consent to sex, having sex with them violates the law.

Breaching confidentiality/ disclosure for suicide

it's school's duty and legal responsiblity to inform parents if info about student's suicidal ideation or reasonable risk of harm exists ( if not reported, then negligence)

2nd amendment

right to bear arms

4th amendment

search and seizure

GA corporal punishment law in schools

■ It may not be excessive or unduly severe or be used as a first line of punishment; it must be administered in the presence of a school official; a written explanation must be provided on request; and it may not be administered if a physician certifies that the child's mental or emotional stability could be affected.

Parental rights

■ Only a quarter of parents were worried about their reputation ■ Adolescents felt they were old enough to make their own decisions about answering questions on suicide ■ More likely to tell the truth if parents did not know about study

Informed consent

■ We know it has to be voluntary, competent, and knowing, and that it is important, but what are some problems with the actual process of informed consent? ■ Assumption by the researcher that the researcher's understanding of a project is the "gold standard" → but at outset, researchers may not fully appreciate the consequences of child's participation or potential implications of results ■ Thus, the validity of informed consent rests upon child having the "understanding" as the researcher ■ Can avoid outright coercion, but subtler forms of persuasion, peer pressure, and encouragement are core elements of school cultures ■ Consent must be seen in the context of constraints, obligations, and expectations over which the researcher has little control Must keep in mind child's intellectual capacity.

Parens Patriae

○ "Parent of the nation" ○ Power of the state to intervene against an abusive or negligent parent. ○ The basis for government's intervention in child maltreatment is grounded in the concept of parens patriae. ○ "A legal term that asserts that government has a role in protecting the interests of children and in intervening when parents fail to provide proper care."

4th and 14th amendments in relation to child abuse

○ 4th Amendment: protection against unreasonable searches & seizures ■ In regards to child abuse, DFACS (or similar child protective agencies) cannot investigate a claim of child abuse or neglect until an official report is made. ○ 14th Amendment: equal protection of the laws ■ In regards to child abuse, you can't abuse adults so why can you abuse children (in the sense of discipline)? How are children equally protected by the laws? ■ Children's rights to equal legal protection from assault and to protection from all forms of violence requires clarity in law

Breach of confidentiality in regards to school violence

○ A breach of confidentiality occurs when data or information provided in confidence to you by a client is disclosed to a third party without your client's consent. ○ Might have to breach confidentiality if person is a threat of harming themselves or others → falls into school violence if they disclose to you plans about bringing a gun to school or something similar

Federal Reporting Regulations for child abuse

○ A person who, while engaged in a professional capacity or activity described in subsection (b) of this section on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, shall as soon as possible make a report of the suspected abuse to the agency designated under subsection (d). ○ Covered Professionals: ■ (1) Physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, undertakers, coroners, medical examiners, alcohol or drug treatment personnel, and persons performing a healing role or practicing the healing arts.s ■ (2) Psychologists, psychiatrists, and mental health professionals. ■ (3) Social workers, licensed or unlicensed marriage, family, and individual counselors. ■ (4) Teachers, teacher's aides or assistants, school counselors and guidance personnel, school officials, and school administrators. ■ (5) Child care workers and administrators. ■ (6) Law enforcement personnel, probation officers, criminal prosecutors, and juvenile rehabilitation or detention facility employees. ■ (7) Foster parents. ■ (8) Commercial film and photo processors.

Merikken v. cressman

○ A school district planned to administer a questionnaire to students as part of a program designed to identify drug abusers. The questionnaire inquired about the nature of the parent-child relationship and parenting practices and was to be administered without parent consent. ○ Ruled parents of schoolchildren have a right to be free from invasion of family privacy by the school. ○ The court did not address the issue of an independent student's right to privacy in schools.

Brown v. Board of Education (1954)

○ Although this case study focused on the desegregation of education due to the 14th amendment, it can be related to child abuse. ■ Children still do not have equal protection under the 14th amendment against physical harm and violence to the same extend adults have (when considering punishment/physical abuse children have to endure) ○ Separate but equal is not constitutional! (Violates 14th Amendment) ○ Case that ruled racial segregation of public school to be unconstitutional (overturn Plessy v Ferguson)

Roe v. Wade (1973)

○ Although this case study focused on the due process clause of the 14th amendment women's decision to have an abortion, it can be related to child abuse. ■ Children still do not have equal protection under the 14th amendment against physical harm and violence to the same extend adults have (when considering punishment/physical abuse children have to endure)

PL 42-142

○ Another name for "The Education of All Handicapped Children Act", passed in 1975. ○ Purpose was to assure that all handicapped children have available to them: ■ A free appropriate education which emphasizes special education and related services designed to meet their unique needs; to assure that the rights of handicapped children and their parents or guardians are protected; to assist States and localities to provide for the education of all handicapped children; and to address and assure the effectiveness of efforts to educate handicapped children. ○ LATER REPLACED BY INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) of 1990

Consequences for failure to report child abuse

○ Approximately 48 States, impose penalties on mandatory reporters who knowingly or willfully fail to make a report when they suspect that a child is being abused or neglected ○ In Georgia for school psychologists: ■ Possible loss of license or certification ■ Civil and criminal liabilities - classified as a misdemeanor ● Fines of $25 to $5000 ● 10 days to one year in jail

Merrikan v. Cressman (1973)

○ As part of a drug abuse program, a questionnaire that asked about the child-parent relationship and their parents practices was to be distributed to students without parental consent. ○ The court ruled that parents have the right to family privacy - therefore, any parent can deny their child participation in a survey to present their behaviors (including possible child abuse) from being disclosed due to their right to privacy.

ADA

○ Considered to be the most significant federal law ensuring civil rights of all individuals with disabilities ○ Guarantees equal opportunity to individuals with disabilities in employment, public services, transportation, state and local government services, and telecommunications ○ Prohibits discrimination on basis of disability in public and private schools ○ Title VI of Civil rights act prohibits discrimination based on race, color, or national origin in programs receiving federal financial assistance and makes schools responsible for taking reasonable steps to remedy racial harassment; Title IX prohibits discrimination on basis of sex and makes school responsible for taking steps to remedy sexual harassment; section 504 and title II of ADA prohibit discrimination based on disability; federal statutory law does not currently protect public school students from discrimination or harassment based on sexual orientation, gender identity, or gender expression...however, as evident from Nabozy v. Podlesny harassment on basis of sexual orientation may violate state laws or U.S. Constitution

GA corporal punishment Law for parents

○ Corporal Punishment Laws for Parents: ■ Under Georgia law, parents also have the right to administer reasonable discipline. This discipline can be "in the form of corporal (physical) punishment, restraint, or detention." ■ In 2014, the Civil Code was amended to prohibit "methods of upbringing of a minor by a parent that cause physical or psychological pain to a 2 minor" (art. 1198, unofficial translation); battery or other violence which causes physical pain is punishable under the Criminal Code. But these provisions do not explicitly prohibit all corporal punishment.

Special Relationships wiht suicide

○ Due process does not require the government or state actors to guarantee an individual's safety. ■ Thus, liability for failing to protect a life, liberty, or property interest may only be imposed when a special relationship exists or when the state creates the danger to which an individual is exposed. (armijo v. wagon mound public schools)

Neal v. Board of Education (2000 in GA, Fulton County)

○ Durante Neal, a highschool freshman, filed a complaint against Tommy Ector, a teacher and football coach for violating his right to free from excessive corporal punishment ■ Ector had stuck Neal with a metal lock, blinding him in one eye, as punishment for Neal fighting with another student. ○ The county court dismissed Neal's appeal, but the Supreme Court concluded: ■ All students are protected from corporal punishment that is intentional, obviously excessive, and creates a foreseeable risk of serious injury.

Breach of Confidentiality regarding child abuse

○ Duty to protect school children by reporting suspected child abuse outweighs any right to confidentiality of the school psychologist-client relationship ○ Look at Pesce v. J. Sterling Morton High School District 201

FERPA in relation to child abuse

○ From school entry to age 18, parents have the right to all student-related documents ○ However, records maintained by school based law enforcement or psychologists, and personal notes are excluded from education records ■ However how does that relate to information related to child-abuse? ● Parents are likely to be entitled to access such information ○ FERPA also allows for the transfer of student's records without parental consent in a variety of circumstances - if such sensitive information is included on the student records than minimal information should be strictly shared on a need to know basis (minimal disclosures)

APA Multicultural guidelines 1-3

○ Guideline 1. Psychologists seek to recognize and understand that identity and self-definition are fluid and complex and that the interaction between the two is dynamic. To this end, psychologists appreciate that intersectionality is shaped by the multiplicity of the individual's social contexts. ○ Guideline 2. Psychologists aspire to recognize and understand that as cultural beings, they hold attitudes and beliefs that can influence their perceptions of and interactions with others as well as their clinical and empirical conceptualizations. As such, psychologists strive to move beyond conceptualizations rooted in categorical assumptions, biases, and/or formulations based on limited knowledge about individuals and communities. ○ Guideline 3. Psychologists strive to recognize and understand the role of language and communication through engagement that is sensitive to the lived experience of the individual, couple, family, group, community, and/or organizations with whom they interact. Psychologists also seek to understand how they bring their own language and communication to these interactions.

APA Multicultural guidelines 4-6

○ Guideline 4. Psychologists endeavor to be aware of the role of the social and physical environment in the lives of clients, students, research participants, and/or consultees. ○ Guideline 5. Psychologists aspire to recognize and understand historical and contemporary experiences with power, privilege, and oppression. As such, they seek to address institutional barriers and related inequities, disproportionalities, and disparities of law enforcement, administration of criminal justice, educational, mental health, and other systems as they seek to promote justice, human rights, and access to quality and equitable mental and behavioral health services. ○ Guideline 6. Psychologists seek to promote culturally adaptive interventions and advocacy within and across systems, including prevention, early intervention, and recovery.

APA Multicultural guidelines 7-10

○ Guideline 7. Psychologists endeavor to examine the profession's assumptions and practices within an international context, whether domestically or internationally based, and consider how this globalization has an impact on the psychologist's self-definition, purpose, role, and function. ○ Guideline 8. Psychologists seek awareness and understanding of how developmental stages and life transitions intersect with the larger biosociocultural context, how identity evolves as a function of such intersections, and how these different socialization and maturation experiences influence worldview and identity. ○ Guideline 9. Psychologists strive to conduct culturally appropriate and informed research, teaching, supervision, consultation, assessment, interpretation, diagnosis, dissemination, and evaluation of efficacy as they address the first four levels of the Layered Ecological Model of the Multicultural Guidelines. ○ Guideline 10. Psychologists actively strive to take a strength-based approach when working with individuals, families, groups, communities, and organizations that seeks to build resilience and decrease trauma within the sociocultural context.

GA Religious Exemption regarding child abuse

○ However, the GA statute contains the following spiritual exemption: ○ "No child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof, shall, for that reason alone, be considered to be a "deprived child". (O.C.G.A.§15-11-2(8)(D)) ○ Non-religious parents or parents belonging to an unrecognised religious church or religious denomination face the threat of losing their custodial rights if they fail to seek the medical treatment for their children when needed. ○ The statute does acknowledge that religious exemption has a limit, and is not applicable in a life-threatening situation or when a serious disability is at risk.

GA reporting regulations for child abuse

○ If a person is required to report child abuse because they attend to the child, they should notify the person in charge, and that person should report ○ Oral report made no later than 24 hours from the time there is reasonable cause by phone and followed by a report in writing ○ Report is a request for investigation, not an accusation

Ingraham v. Wright (1977)

○ In 1970, Ingraham and Andrews refused to assume a paddling position. ■ Andrew was struck on his arm, back and across the neck ■ Ingraham was held down received 20 blows - his mother had to take him to the hospital where he was prescribed cold compress, laxatives, painkillers for a hematoma. ○ Ingraham and Andrews filed a complaint against a number of educators including Wright, due to a deprivation of constitutional rights and damages from the corporal punishment ○ The U.S. court of Appeals ruled: ■ The punishment of Ingraham and Andrews was so severe it violated the 8th and 14th amendments, and that the school's corporal punishment policy failed to satisfy dude process. ○ But the en banc court rejected thus conclusion and dismissed the claims.

GA Exceptions regarding child abuse

○ In the USA ■ 39 states, the District of Columbia and Guam have laws providing that parents or caretakers who fail to provide medical assistance to a child because of their religious beliefs are not criminally liable for harm to the child. ■ Department of Health, Education and Welfare mandated that the states adopt religious exemptions to child neglect before they could receive federal funding for state child-protection programs.

In Loco parentis in regards to child abuse

○ Is a legal doctrine holding that educators assume custody of students in school because they are deprived of protection from their parents or guardians. Educators stand in loco parentis or translated, in place of the parent. ■ Essentially its the view of the school as an extension of the state rather than as a substitute parent.

HIPAA in relation to child abuse

○ Minimal disclosure is vital for HIPAA, but especially regarding students with who have experienced abuse. ■ Any disclosures are required to be shared with a child's parent/representative ○ Permitted uses and disclosures include: ■ Judicial and Administrative Proceedings ■ Law Enforcement Purposes ■ Serious Threat to Health or Safety ■ Essential Government Functions

Federal Child Abuse Prevention and Treatment Act (CAPTA)

○ Provides Federal funding to states in support of prevention, assessment, investigation, prosecution, and treatment activities and also provides grants to public agencies and nonprofit organizations ○ Identifies the Federal role in supporting research, evaluation, technical assistance, and data collection activities ○ Established office on child abuse and neglect ○ Mandates child welfare information gateway (website) ○ Set forth a minimum definition of child abuse and neglect

Reasonable Cause, Reasonable Belief/Suspicion for child abuse

○ Reasonable cause? belief dictates that one holds the idea to be true, suspicion can be understood as a feeling one has about the possibility a child was abused, an inclination toward belief ○ Reasonable belief dictates that one holds the idea to be true (you know it's happening) ○ Suspicion is a feeling one has about the possibility that a child is abused; an inclination toward belief (you think it's happening ... but not 100%) ○ Always report.

PPRA in relation to child abuse

○ Requires schools to obtain written parental consent before a pupil can submit a survey, analysis, or evaluation that reveals certain types of personal information about them or their families/parents e.g. religious affiliation, or criticisms of family members ○ Also requires schools to develop policies ensuring parents the opportunity to review content of surveys before distribution - parents can opt out of survey participation ■ Parents are technically protected from allowing their child to participate in any survey that would provide any self-incriminating information regarding child abuse.

Mandated reporting for child abuse

○ Requires that an individual who falls under one of the categories of professionals required to report child abuse do so within 24 hours of learning of the suspected abuse.

Prince v. Massachusetts

○ Sarah Prince, a Jehovah Witness, allowed her two young sons and niece to distribute and sell religious pamphlets, and engaging in preaching work - resulting in a conviction for violating Massachusetts child labor laws. ○ Supreme Court ruled: ■ The state's interest in protecting children through the child labor laws overrides the parents constitutional right to raise their child and practice the religion they choose. ■ The government has a broad authority to regulate the actions and treatment of children - parental authority is not absolute and can be permissibly restricted if doing so is in the interest of the child's welfare. ○ This is very applicable in cases of religious exemptions, whereby children experience a form of abuse by their parents which is justified by their religious beliefs. If the parents fail to act in the best interest of their child, their parental rights can be revoked.

Duty to protect in regards to child abuse

○ School personnel have a duty to safeguard and protect the wellbeing of all students. Therefore, they have an ethical and legal obligation to protect all students from abuse, and report any suspected cases of abuse. ○ A school psychologist owes a special duty to exercise reasonable care to protect students from harm, and this includes protecting their right to privacy and respecting their confidence

Pesce v. J. Sterling morton High School Dist. 201 (1987)

○ Student reported thoughts of suicide and later died from suicide ○ The psychologist was then suspended for not reporting the students suicidal thoughts ○ The court ruled: ■ Psychologists are legally responsible to report all suspected cases of harm to students - the duty to protect outweighs confidentiality ○ In regards to child abuse, psychologists are legally responsible to report any claims or suspicions of child abuse - the duty to protect outweighs confidentiality

Paul D. Coverall Teacher Protection Act of 2001

○ The United States Congress enacted the Coverdell Teacher Protection Act (Coverdell Act) in 2001 as part of the No Child Left Behind Act. The law generally immunizes teachers from liability when they take "reasonable actions to maintain order, discipline, and an appropriate educational environment." "Teacher" is broadly defined to include a teacher, instructor, principal, administrator, educational employee who works in a school, or an individual school board member. The law applies to both public and private schools in states that receive funds under Chapter 70 of the education title.

Social Host Law

○ The host of a party can be liable for serving alcohol to a minor or intoxicated person who then causes injuries -- but only if the host knows that the minor or intoxicated person "will soon be driving a motor vehicle." -- section 51-1-40 of the Georgia Code.

Institutional Child Sexual Abuse (CSA)

○ The institutional aspects of child sexual abuse include: inadequate procedures to protect children; values that place the reputations of organisations above bringing child sex offenders to justice; marginalization of victims and whistleblowers; failure to involve police authorities to investigate criminality; and people in authority misusing their power to target vulnerable children through paedophile networks and organized crime syndicates. The hidden and insidious nature of institutional child sexual abuse makes it impossible to estimate its true extent. ■ Research has shown that cases of institutional CSA are rarely reported, but those that do appear similar to intrafamiliar abuse cases. However there has been a noted difference - extent of male victims and the extent of which abusers used techniques of targeting and entrapment. Contrary to media representations, institutional CSA occurs in a wide variety of setting and sectors and are perpetrated by a range of occupation groups - not just in child's homes or within social work.

IDEIA

○ Transition services added—postsecondary outcomes ○ Part B allocates funds to states that provide a free and appropriate education to all children with disabilities/ Each state must have a plan that offers every child with disabilities an opportunity to receive Special Ed services in conformance with an IEP. ○ Part C provides funds to state that offer early intervention programs for infants and toddlers with known or suspected disabilities.r ○ The reauthorization of IDEA in 1997 (Pub. L. No. 105-117). IDEA-Part B allocates funds to states that provide a free and appropriate education to all children with disabilities. In order to receive funds, each state must have developed a plan to ensure that every child with disabilities receives special education and related services in conformance with an IEP. Must use nondiscriminatory testing and evaluation procedures and provide the least restrictive environment (LRE) feasible. IDEA-Part C provides funds to states that offer early intervention services/programs for infants and toddlers with known or suspected disabilities in conformance with an individualized family service plan (IFSP). ○ Six pillars: IEP, FAPE, LRE, Appropriate Evaluation, Parent and teacher participation, procedural safeguards

Good Faith Immunity for Professionals regarding child abuse

○ What happens if a claim of child abuse is unsubstantiated? ■ As long as the claim was made in "good faith", there are no consequences for reporting a claim of child abuse that is unsubstantiated ■ School psychologists cannot face any civil or criminal liabilities if the state law has been followed throughout the process. ○ Clause: ■ "No mandated reporter shall be civilly or criminally liable for any report required or authorized by this article, and this immunity shall apply even if the mandated reporter acquired the knowledge or reasonable suspicion of child abuse or neglect outside of his or her professional capacity or outside the scope of his or her employment."

Negligence in regards to school violence

○ failure to take proper care in doing something. ○ The most common tort committed by school personnel is negligence ○ Negligence suits are often precipitated by a physical injury to a student ( for example injury resulting from student-on-student violence) ○ When student suffers harm and they want to sue, parents are most likely to file a negligence lawsuit in state court → such lawsuits generally allege that the school had a duty to protect students from foreseeable harm, had knowledge of a specific danger, negligently failed to take reasonable precautions, and caused this incident to occur.

Liability in regards to school violence

○ the state of being responsible for something, especially by law. ○ Civil liability means one can be sued for acting wrongly toward another or for failing to act when there was a recognized duty to do so ○ Might be held criminally liable if you don't report child abuse

Drug Abuse Office and Treatment Act (1976)

● Confidentiality of records of persons receiving drug or alcohol abuse treatment are protected under federal law; applies to any program assisted by the federal government ○ Possible conflict with FERPA ● If a minor student discloses risky substance abuse to a school-based psychologist, within context of professional relationship, psychologist may disclose this info to child's parent and work with parent in getting treatment. ● However, with exception of emergencies federal law provides confidentiality protection to students-including minors-who specifically seek drug and alcohol evaluation and treatment. ● If student requests drug or alcohol treatment or a referral for treatment, then it is confidential if student does not want parent to know, and psychologist must find the student treatment that does not require parental consent or notice.

Privacy and confidentiality for suicide

● Exceptions to confidentiality includes the fact that confidentiality does not apply "when disclosure is required to prevent clear and imminent danger to the client. This exemption was written with the suicidal client in mind, clarifying that counselors have a duty to protect client from harm and that this supersedes the harm that may happen due to a breach of confidentiality. Nonmaleficence applies here.

Confidentiality of Alcohol and Drug Abuse Patient Records (1992)

● Not under FERPA ● They are treatment records, not educational records ● The Federal alcohol and drug confidentiality regulations restrict the disclosure and use of "patient identifying" information about individuals in substance abuse treatment. Patient identifying information is information that reveals that a person is receiving, has received, or has applied for substance abuse treatment. What the regulations protect is not the individual's identity per se, but rather his or her identity as a participant in or applicant for substance abuse treatment.

GA Law regulating minors and drug/alcohol treatment

● O.C.G.A 3-3-23 Regulation of Alcoholic Beverages (those that sell) ● O.C.G.A 51-1-18 Furnishing Alcoholic Beverages to Minor Children ● O.C.G.A 51-1-40 Liability for Acts of Intoxicated Persons ● O.C.G.A. 16-12-1 Contributing to the Delinquency of a Minor ● O.C.G.A 37-7-8 Right of minor to obtain treatment of drug abuse on his consent alone; binding effect of consent; informing minor's parent, spouse, custodian or guardian of treatment ● O.C.G.A 19-7-6 Reporting of juvenile drug use to provide protection for the health and welfare of children affected by the unlawful use of controlled substances of marijuana

GA Law and Mandated Reporting regarding HIV

● You don't need permission from your parent or guardian to get tested for sexually transmitted diseases (STDs) or HIV in Georgia. ● If you're a minor (under 18), it's important for you to ask questions about confidentiality when you call to make your appointment. Specifically ask, "If I make an appointment and receive any kind of services at your clinic, will you tell my parents or anyone else?" This applies to all services, including testing for pregnancy and sexually transmitted infections, including HIV. ● Georgia offers both anonymous and confidential HIV testing. This means that if you get tested for HIV, you can choose to either have your results confidentially reported to the health department using your name, or have your results anonymously reported to the health department using a number code, not your name. ● All states allow minors to consent to confidential testing and treatment of STDS. ○ One state requires parent notification of a positive HIV test Se