Informed Consent for School Counselors Joint School District No. 2 December 2004

Informed consent for school counselors is both: An ethical principle A legal principle

“Ethical” standards for Informed Consent (ASCA, 2004) The Professional School Counselor should: Inform the counselee of the limits of confidentiality and the possibility of needing to consult other professionals or adult authorities. Inform the counselee of the purposes, goals, techniques, rules of procedure before beginning the group counseling session.

Legal Standard for Informed Consent. (FERPA & National Research Act of 1974) FERPA requires informed consent prior to collection of data that includes: – Clear, written explanation of the nature of the activities (survey, test, study, etc.) – How the information will be gathered and used – Provide participation that is voluntary without negative consequences for opting out

Can students under age 18 give “informed consent”? Legally “no”. Minor clients (students under age 18) cannot legally give informed consent, only their parents can. Minor clients have “an ethical right to privacy and confidentiality in the counseling relationship….however the privacy rights of minors legally belong to their parents or guardians.” Remley & Herlihy, 2001 Exceptions to this can be found in Federal Laws relating to drug/alcohol treatment or if a minor has been legally emancipated.

When do school counselors need parent permission to counsel students individually? Unless there is a school policy or state law to the contrary, counselors do not need parental permission before they provide individual counseling to students. (Remley and Herlihy, 2001) Joint School District No. 2 Counseling Department standard practice is….when a school counselor has seen a student for the same issue three times, parent permission is required to continue individual counseling sessions. Remember!!! Confidentiality cannot be guaranteed in a group setting, thus informed consent/parent permission for group participation is always required.

Standard practice for the Joint School District No. 2 Counseling Department includes the following EXCEPTIONS to needing parent permission for individual counseling: – short duration personal/social counseling that is needed to maintain order, discipline or a productive learning environment – respond to a crisis situation or threat to the safety of the student or others. Remember: There is no exception to needing parent permission for group counseling. Informed consent of parents is required prior to the student participating in group counseling.

Why display a written statement regarding limits of confidentiality? ASCA Ethical Standards for School Counselors A.2. Confidentiality a. ….. “The meaning and limits of confidentiality are clearly defined to counselees through a written and shared disclosure statement.”

Can we create a “blanket” informed consent form? No! – Informed consent must be “activity specific”. Thus created for each specific group, individual or survey/data collection purpose.