CONTENTS

About This Course

Table of Contents

1. School Bullying: What It Is and Why It Hurts
2. The Role of Bullies, Victims, and Witnesses
3. Factors Contributing to Bullying and Violence
4. Screening and Assessment
5. Treatment For Children and Adolescents
6. Prevention and Intervention
7. Legal and Ethical Issues

Supplements
Case Studies
Fact Sheets
References
Resources

The ABCs of Bullying
Addressing, Blocking, and Curbing School Aggression

Module Content Objectives Bullying and the Law Federal Law -- Federal Lawsuits -- Federal Initiatives State Laws Other Organizational Responses Confidentiality and Minor Consent -- Informed Consent -- For the Teacher Summary Quiz

Confidentiality and Minor Consent

Federal confidentiality and due process laws protect the general rights of individuals as established in the 14th Amendment. States have the leeway, however, to design laws concerning confidentiality among different professions. Most students are classified as minors and are subject to additional protections.

For the Mental Health Professional

The following material has been adapted from the Center for Mental Health in Schools at the University of California, Los Angeles. (2002). An Introductory packet on confidentiality and informed consent. Los Angeles, CA: Author unless otherwise noted.

The fundamental intent of confidentiality is to protect a client's right to privacy by providing reassurance that what the client says will not be shared with others without his or her informed consent. Mental health professionals discuss matters of confidentiality as a matter of course to encourage openness and communication with their clients, especially adolescents who strive for independence and autonomy. Mental health professionals have many obligations to their clients -- legally, ethically, and morally.

However, privacy and confidentiality are not absolute rights -- especially when working with minors, where there are unique legal and ethical considerations. State laws also specify limitations on privileged communications between counseling professionals and clients. Some States protect only disclosures about alcohol or other drug use. Others give broad protection, child abuse being one of the only exceptions.

The APA acknowledges that there are times when information obtained in the therapy session should be shared with others. APA emphasizes that only persons closely related to the case should be told any privileged information. In some cases, these people may include teachers and/or parents, if sharing the information will benefit the client more than keeping it confidential.

Therapists and/or school counselors should explain the limits of confidentiality when working with students to help them realize the consequences of their actions. The following scenario illustrates how a therapist may discuss the limits to confidentiality with a student: ref

• "Although most of what we talk about is private, there are three kinds of problems you might tell me about that we would have to talk to other people about. Those are: (a) If I find out that someone has been seriously hurting or abusing you, I would have to tell the police; (b) If I find out that that you have a plan to hurt yourself, I would have to tell your parents; and (c) If you tell me you have a plan to hurt someone else, I would have to warn that person."
• "What you have shared today is very important. I know you are not ready to talk about this to your parents, but it is the kind of thing that I told you at the beginning that I am required to tell them."
• Regarding having to break confidentiality, "I know that if I do so you will be upset with me and it will be hard for you to trust me anymore. I feel caught in this situation. I'd like us to be able to work something out to make this all come out as good as we can make it."