As the school mental health movement and related prevention efforts have grown, this has paved the way for increased collaboration among educators, school mental health professionals, and community-based practitioners such as clinical psychologists, social workers, psychiatrists, nurses, counselors, and supervised trainees (Flaherty et al., 1998). An emergent aspect of this interdisciplinary approach to mental health care, however, is the lack of clarity about which professional codes and licensing statutes should serve as the guideline for appropriate professional conduct within school mental health programs. In this chapter (as in others in the book), we use the term expanded school mental healthto refer to school-based programs that involve schools working in Partnership with community agencies and programs to provide a full array of mental health care and special education to youth in general (Weist, 1997). Since expanded school mental health providers are located within, but are not necessarily employed by, the school, they must navigate a difficult course through professional ethics codes, state and federal mandates (both health and education), local school board policies, and the policies of their employing agencies. Addressing such issues as client confidentiality and parental consent within the school setting, while maintaining collaborative relationships with the school staff, for example, can be very challenging
The goals of this chapter are to (1) identify factors contributing to the confusion regarding the professional obligations of expanded school mental health providers, (2) highlight some of the unique liability and ethical issues related to providing mental health services in the schools, and (3) provide suggestions for addressing these concerns. It is beyond the scope of this chapter to discuss every ethical and legal challenge that may occur when working in school settings. Rather, the chapter will focus on those ethical and legal issues specific to expanded school mental health programs. The chapter is meant to provide a stimulus for further discussion by mental health providers, educators, and policymakers
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Preview
Unable to display preview. Download preview PDF.
References
Acosta, O., Tashman, N., Prodente, C., & Proescher, E. (2002). Establishing successful school mental health programs: Guidelines and recommendations. In H. Ghuman, M. Weist, &R. Sarles (Eds.), Providing mental health services to youth where they are: School and other community-based approaches(pp. 57–74). New York: Brunner-Routledge.
American Counseling Association (1988). Ethical standards. Washington, DC: Author.
American Psychological Association (1992). Ethical principles of psychologists and code of conduct. American Psychologist, 47(2), 1597–1611.
American School Health Association (1999, October). Guidelines for protecting confidential student health information. Author.
Baird, B. N. (1999). The internship, practicum, and field placement handbook: A guide for the helping professions(2nd ed.). Englewood Cliffs, NJ: Prentice—Hall.
Bennett, B. E., Bryant, B. K., VandenBos, G. R., & Greenwood, A. (1990). Professional liability and risk managementWashington, DC: American Psychological Association.
Bersoff, D. N. (1994). Explicit ambiguity: The 1992 ethics code as an oxymoron. Professional Psychology: Research and Practice, 25, 382–387.
Bersoff, D. N., & Koeppl, P. M. (1993). The relation between ethical codes and moral principles. Ethics and Behavior, 3, 345–357.
Bickham, N., Pizarro, L., Warner, B., Rosenthal, B., & Weist, M. (1998). Family involvement in expanded school mental health. Journal of School Health, 65(10), 425–428.
Burns, B. J., Hoagwood, K., & Mrazek, P. J. (1999). Effective treatment for mental health disorders in children and adolescents. Clinical Child and Family Psychology Review, 2,199–254.
Cheung, O., Clements, B., & Pechman, E. (1997). Protecting the privacy of student records: Guidelines for education agencies. Washington, DC: Council of Chief State Officers.
Cohn, S. D., Gelfman, M. H. B., & Schwab, N. C. (2001). Adolescent issues and rights of minors. In N. Schwab & M. Gelfman (Eds.), Legal issues in school health services: A resource for school administrators, school attorneys, and school nurses(pp. 231–260). North Branch, MN: Sunrise River Press.
English, A. (1995). The legal framework for minor consent: Introduction. In A. English, M. Mattews, K. Extavour, C. Palamountain, &J. Yang (Eds.), State minor consent statues: A summary(pp. 3–7). San Francisco: National Center for Youth Law.
Everstine, L., Everstine, D. S., Heymann, G. M., True, R. H., Frey, D. H., Johnson, H. G., & Seiden, R. H. (1980). Privacy and confidentiality in psychotherapy. American Psychologist, 35, 828–840.
Flaherty, L. T., Garrison, E. G., Waxman, R., Uris, P. F., Keys, S. G., Glass-Seigel, M., & Weist, M. D. (1998). Optimizing the roles of school mental health professionals. Journal of School Health, 68(10), 420–424.
Ford, C, Millstein, S., Halpern-Felsher, S., & Irwin, C. E. (1997). Influence of physician confidentiality assurances on adolescents' willingness to disclose information and seek future health care. The Journal of the American Medical Association, 278,1029–1034.
Gelfman, M. B. H. (2001). Discrimination in school: § 504, ADA and Title IX; and Special education law. In N. Schwab & M. Gelfman (Eds.), Legal issues in school health services: A resource for school administrators, school attorneys, and school nurses(pp. 335–371 and 373–397). North Branch, MN: Sunrise River Press.
Greenspan, S., & Negron, E. (1994). Ethical obligations of special services personnel. Special Services in the Schools, 8,185–209.
Gustafson, K. E., & McNamara, J. R. (1987). Confidentiality with minor clients: Issues and guidelines for therapists. Professional Psychology: Research and Practice, 18(5), 503–508.
Huey, W. C. (1986). Ethical concerns in school counseling. Journal of Counseling and Development, 64, 321–322.
Hughes, J. N. (1986). Ethical issues in school consultation. School Psychology Review, 15, 489–499.
Jacob-Timm, S. (1994). Ethically challenging situations encountered by school psychologists. Psychology in the Schools, 36(3), 205–217.
Jacob-Timm, S. & Hartshorne, T. S. (1998). Ethics and law for school psychologists(3rd ed.). New York: Wiley.
Kitchener, K. S. (1986). Teaching applied ethics in counselor education: An integration of psychological processes and philosophical analysis. Journal of Counseling and Development, 64, 306–310.
Loxterman, J. R. (1996). A guide to school-based and school-linked health centers: Vol. V. Introduction to legal issues. A. English (Ed.). Washington, DC: Advocates for Youth.
National Association of School Nurses (1990). Code of ethics. Scarborough, ME: Author.
National Association of School Psychologists (1997). Principles for professional ethics. School Psychology Review, 26(4), 651–663.
National Association of Social Workers (1993). Code of ethics. Washington, DC: Author.
Patterson, T. E. (1998). Ethical school counseling: Managing a balancing act. In L. Palmatier (Ed.), Crisis counseling for a quality school community: Applying Wm. Glasser's choice theory(pp. 77–90). Washington, DC: Accelerated Development.
Prout, S. M., DeMartino, R. A., & Prout, H. T. (1999). Ethical and legal issues in psychological interventions with children and adolescents. In H. T. Prout & D. T. Brown (Eds.), Counseling and psychotherapy with children and adolescents: Theory and practice for school and clinical settings[3rd ed., pp. 26–48). New York: Wiley.
Scherer, D. G., & Reppucci, D. (1988). Adolescents' capacities to provide voluntary informed consent. Law and Human Behavior, 12,123–141.
Schill, K. (1993, Fall). Violence among students: Schools' liability under Section 1983. School Law Bulletin, 1–11.
Scholten, T., Pettifor, J., Norrie, B., & Cole, E. (1993). Ethical issues in school psychological consultation: Can every expert consult? Canadian Journal of School Psychology, 9(1), 100–109.
Schwab, N. C, & Gelfman, M. H. B. (2001). Confidentiality: Principles and practice. In N. Schwab & M. Gelfman (Eds.), Legal issues in school health services: A resource for school administrators, school attorneys, and school nurses(pp. 261–296). North Branch, MN: Sunrise River Press.
Shields, J. M., & Johnson, A. (1992). Collision between law and ethics: Consent for treatment with adolescents. Bulletin of the American Academy of Psychiatry and Law, 20(3), 309–323.
Swenson, L. C. (1993). Psychology and the law for the helping professions. Pacific Grove, CA: Brooks/Cole.
Tashman, N. A., Weist, M. D., Acosta, O., Bickham, N. L., Grady, M., Nabors, L., & Waxman, R. (1999). Toward the integration of prevention research and expanded school mental health programs. Children's Services: Social Policy, Research, and Practice, 3(2), 97–115.
Taylor, L., & Adelman, H. S. (1998). Confidentiality: Competing principles, inevitable dilemmas. Journal of Educational and Psychological Consultation, 9(3), 267–275.
U.S. Department of Health and Human Services (1999). Mental health: A report of the Surgeon General. Rockville, MD: U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Mental Health Services, National Institutes of Health, National Institute of Mental Health.
Weist, M. D. (1997). Expanded school mental health services: A national movement in progress. In T. Ollendick & R. J. Prinz (Eds.), Advances in clinical child psychology(Vol. 19, pp. 319–352). New York: Plenum Press.
Weist, M., Proescher, E., Prodente, C, Ambrose, M., & Waxman, R. (2001). Mental health, health, and education staff working together in schools. In I. H. Berkovitz (Ed.), Child and Adolescent Psychiatric Clinics of North America: School Consultation/Intervention, 10(1), 33–43. School Consulation Intervention(pp. 33–43). Philadelphia: Saunders.
Author information
Authors and Affiliations
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2003 Springer Science+Business Media, LLC
About this chapter
Cite this chapter
Prodente, C.A., Sander, M.A., Grabill, C., Rubin, M., Schwab, N. (2003). Addressing Unique Ethical and Legal Challenges in Expanded School Mental Health. In: Weist, M.D., Evans, S.W., Lever, N.A. (eds) Handbook of School Mental Health Advancing Practice and Research. Issues in Clinical Child Psychology. Springer, Boston, MA. https://doi.org/10.1007/978-0-387-73313-5_25
Download citation
DOI: https://doi.org/10.1007/978-0-387-73313-5_25
Publisher Name: Springer, Boston, MA
Print ISBN: 978-0-387-73310-4
Online ISBN: 978-0-387-73313-5
eBook Packages: Springer Book Archive