|
|
|
|
062904 |
|
|
STUDENT WELFARE: |
FFE |
|
STUDENT ASSISTANCE
PROGRAMS/COUNSELING |
(LEGAL) |
|
CONSENT TO COUNSELING |
A minor student may consent to
counseling or counseling in conjunction with treatment by a physician,
psychologist, counselor, or social worker licensed or certified by the state,
within the scope of the professional's license, if the treatment and/or
counseling is for sexual abuse, physical abuse, emotional abuse, suicide
prevention, or chemical addiction, dependency, or abuse. Family Code
32.004 |
|
EXCEPTION |
A District employee must obtain the
written consent of a child's parent before the employee may conduct a
psychological examination, test, or treatment, unless the examination, test,
or treatment is required by: 1. TEA's policy concerning child abuse
investigations and reports; or 2. State or federal law regarding requirements for
special education. Education Code 26.009(a)(1), 38.004 [See FNG(LEGAL)] |
|
PROFESSIONAL'S
AUTHORITY |
Unless consent is refused by an order
of a court, a physician, psychologist, counselor, or social worker licensed
or certified by the state may counsel a child without the consent of the
child's parents, managing conservator, or guardian when the physician,
psychologist, counselor, or social worker has reasonable grounds to believe
that a child has been sexually or physically abused, is contemplating
suicide, or is involved in chemical addiction, dependency, or abuse. A physician, psychologist, counselor,
or social worker licensed or certified by the state may, with or without the
consent of a child who is a client, advise the parents, managing conservator,
or guardian of the treatment given or needed by the child. A physician, psychologist, counselor,
or social worker licensed or certified by the state may rely on the written
statement of the child containing the grounds on which the child has capacity
to consent to his or her own treatment. |
|
PROFESSIONAL'S
LIABILITY |
A psychologist, counselor, or social
worker licensed or certified by the state is not liable for damages except
those damages that may result from his or her negligence or willful
misconduct. Family Code 32.004 |
|
OUTSIDE COUNSELORS |
Neither the District nor an employee
of the District may refer a student to an outside counselor for care or
treatment of a chemical dependency or an emotional or psychological condition
unless the District does all of the following: 1. Obtains prior written consent for the referral
from the student's parent, managing conservator, or guardian. 2. Discloses to the student's parent, managing
conservator, or guardian any relationship between the District and the
outside counselor. 3. Informs the student and the student's parent,
managing conservator, or guardian of any alternative public or private source
of care or treatment reasonably available in the area. 4. Requires the approval of appropriate District
personnel before a student may be referred for care or treatment or before a
referral is suggested as being warranted. 5. Specifically prohibits any disclosure of a
student record that violates state or federal law. Education
Code 38.010 [See FFEA(LEGAL)
for information on the comprehensive guidance program] |
|
DATE
ISSUED: 07/21/1997 |
|
|
|
UPDATE
56 |
|
|
|
FFE
(LEGAL)—P |
|
|