Student Privacy & Confidentiality
Student Rights and District Policy. Confidentiality and student privacy are always preserved when a student accesses mental health services through the school. The emphasis on confidentiality is particularly important in the establishment of trust and rapport with students and families of diverse ethnic and cultural backgrounds. Students are required to read and sign an Adolescent Consent Form outlining the terms and limitations of confidentiality prior to beginning sessions with the mental health service provider or social work intern. The provider also signs the form to guarantee the student’s privacy. Information related to the mental health provider during sessions is to remain confidential, unless the student provides his or her consent for disclosure regarding certain details or specific pieces of information shared in session.
Exceptions. There are important EXCEPTIONS to the rules governing confidentiality that must be acknowledged before a student discloses personal information in sessions. There are legal and professional guidelines that require the school’s mental health providers to report information of a certain nature to the appropriate authorities regardless of whether or not a student has provided his or her consent to do so. The following is a list of those circumstances in which confidentiality CANNOT be maintained:
- Self-harm or suicidal intent: parents or guardians must be notified.
- Intent to cause serious harm or death to another: parents or guardians must be notified and the individual at risk for harm or death inflicted by the student must be notified.
- Student reports that he or she is being physically, sexually, and/or emotionally abused now or in the past: the abuse must be reported to Child Protective Services, Social Services Agency.
- Court requests for information regarding counseling or therapy: information will NOT be disclosed without student consent UNLESS disclosure is mandated by the court. The student will be informed in the event that a court mandate to disclose information has been issued.
- Student engagement in risky or hazardous behaviors that threaten the safety of the student or another individual even in the absence of intent to cause harm: parents or guardians are contacted according to the discretion and professional opinion of the mental health provider.
Because services are provided through the school district, it may be necessary to share information with other school staff such as teachers, counselors, or administration. The sharing of information and communication with other school staff will always be discussed with the student first.
Student consent and parent/guardian permission are required in order for the school-based mental health provider to speak with a student’s doctor or other mental health professional such as a psychiatrist, therapist, psychologist, or medical health provider. An exception to this rule includes situations in which a student is engaging in behaviors that pose a risk for serious and immediate physical or medical harm.
By law, parents may request to view the written records regarding the content of sessions with a student. However, parents generally only request to speak with the school provider about overall student progress or ongoing concerns. Detailed content about the information shared in sessions by the student does not appear in the written records maintained by the service provider and will always remain confidential.