A Resolution Calling for the Protection of Parental Rights.
WHEREAS, Idaho section 33-1212 is ambiguous and has allowed schools to draft policies regarding counseling practices that violate other Idaho laws, regulations, code of professional ethics and parental rights; and
WHEREAS, at the direction of the State Board of Education, under section 33-1212, schools have adopted rules related to counselor functions and duties that violate existing informed consent laws, ethical standards, and parental rights; and
WHEREAS, schools have created general informed consent waivers which violate Idaho Administrative Code Section 24.15.01.525 and then ask parents to sign these forms without duly informing the parents they are surrendering certain parental rights; and
WHEREAS, school policy allows school employees to define counseling as a regular educational service thereby bypassing informed consent requirements.
NOW THEREFORE, BE IT RESOLVED that the KCRCC respectfully calls on the state legislature to correct the conflicts created by section 32-1212 so that it is consistent with other applicable Idaho state laws, regulations and ethical standards governing licensed Idaho school counselors regarding informed consent and notification before counseling services are rendered to children; and
BE IT FURTHER RESOLVED that clear guidance should be given to schools to formulate policies consistent with all applicable laws, regulations, and ethical standards governing state licensed Idaho school counselors; and
BE IT FURTHER RESOLVED, that copies of this resolution be provided by the secretary to all state lawmakers whose constituents are also represented by this body.
PASSED AND ADOPTED with the attached informational ADDENDUM on this 27th day of January, 2021.
Addendum A - A Resolution Calling for the Protection of Parental Rights
Kootenai County Republican Central Committee
Whereas, Idaho section 33-1212 is ambiguous and has allowed schools to draft policies regarding counseling practices that violate other more restrictive Idaho laws, regulations, American Counselors Association code of professional ethics and parental rights.
33-1212. SCHOOL COUNSELORS. (1) In recognition of the diverse and complicated demands upon students, their families and the public school system, the legislature finds that counseling offered at Idaho public schools should be flexible and responsive.
(2) School counselors spend most of their time in direct service to and contact with students. School counselors’ duties are focused on the overall delivery of guidance, individual student planning and responsive services. A small amount of their time is devoted to indirect services called system support.
(3) The state board of education shall adopt rules to implement the provisions of this section, and shall specifically provide that certified social workers meet the requirement for school counselors.
Whereas, School counselors are licensed professionals in accordance with Idaho Administrative Code section 24.15.01.150.
Whereas, School counselors are engaging in mental health diagnosis and treatment of children under the age of 14.
Whereas, Idaho Admin Code section 24.15.01.350 legally adopts the American Counseling Association Code of Ethics for licensed Idaho counselors.
Section 24.15.01.350 - CODE OF ETHICS
The Board adopts the American Counseling Association (ACA) Code of Ethics and the American Association for Marriage and Family Therapy (AAMFT) Code of Ethics. All licensees must adhere to the appropriate Code of Ethics pertaining to their licensure.
Whereas, School counselors are ethically required under the American School Counselors Association (2010) guidelines section A.2 section d. Confidentiality:
d. Recognize their primary obligation for confidentiality is to the students but balance that obligation with an understanding of parents’/guardians’ legal and inherent rights to be the guiding voice in their children’s lives, especially in value-laden issues. Understand the need to balance students’ ethical rights to make choices, their capacity to give consent or assent and parental or familial legal rights and responsibilities to protect these students and make decisions on their behalf.
Whereas, schools at the direction of the state board of education as authorized by Idaho section 33-1212 have adopted rules related to school counselor functions and duties that violate existing informed consent laws, ethical standards, and parental rights.
Whereas, schools have created general informed consent waivers and ask parents to sign them without duly informing parents that these forms violate Idaho laws, regulations, ethical standards and parental rights.
Whereas, The age of consent laws related to the treatment of mental health issues are juxtaposed to medical healthcare issues as evidenced by Idaho statute 39-3801 and 66-318 subsections b and d (see below). These two sections both state age of consent is 14 years of age or older regardless of whether or not the care is medical or mental in nature.
39-3801. INFECTIOUS, CONTAGIOUS, OR COMMUNICABLE DISEASE — MEDICAL TREATMENT OF MINOR 14 YEARS OF AGE OR OLDER — CONSENT OF PARENTS OR GUARDIAN UNNECESSARY. Notwithstanding any other provision of law, a minor fourteen (14) years of age or older who may have come into contact with any infectious, contagious, or communicable disease may give consent to the furnishing of hospital, medical and surgical care related to the diagnosis or treatment of such disease, if the disease or condition is one which is required by law, or regulation adopted pursuant to law, to be reported to the local health officer. Such consent shall not be subject to disaffirmance because of minority. The consent of the parent, parents, or legal guardian of such minor shall not be necessary to authorize hospital, medical and surgical care related to such disease and such parent, parents, or legal guardian shall not be liable for payment for any care rendered pursuant to this section.
66-318. AUTHORITY TO ADMIT VOLUNTARY PATIENTS — DENIAL OF ADMISSION. (1) The director of any facility or a practitioner granted admitting privileges pursuant to chapter 13, title 39, Idaho Code, may admit as a voluntary patient the following persons for observation, diagnosis, evaluation, care or treatment of mental illness:
b) Any individual fourteen (14) to eighteen (18) years of age who may apply to be admitted for observation, diagnosis, evaluation, care or treatment and the facility director will notify the parent, parents or guardian of the individual of the admission; a parent or guardian may apply for the individual’s release and the facility director will release the patient within three (3) days, excluding Saturdays, Sundays and legal holidays, of the application for discharge, unless the time period for diagnosis, evaluation, care or treatment is extended pursuant to section 66-320, Idaho Code;
(d) Any individual under fourteen (14) years of age upon application of the individual’s parent or guardian, provided that admission to an inpatient facility shall require a recommendation for admission by a designated examiner;
Whereas, Title 54 Professions, Vocations and Businesses, chapter 34, Counselors and Therapists section 54-3410A, Informed Consent and Information to Clients mandates that “Persons licensed under this chapter shall provide each client at the beginning and at other appropriate times within the context of the counseling or therapy an accurate and informative description that allows the client to make an informed decision about the client’s care.”
Whereas, Idaho Admin Code section 24.15.01.525, Documentation of Informed Consent states: “All licensees and registered interns will document the process of obtaining the informed consent of clients at the beginning of treatment and other times as appropriate.”
Whereas, Idaho Admin Code section 24.15.01.525, Documentation of Informed Consent requires licensed counselors to “adhere to their respective Codes of Ethics and state law in obtaining informed consent and disclosing information to clients.” This section does not include an exception allowing them to use school policies to shield them from ethical and legal informed consent requirements.
Whereas, Idaho Admin Code section 24.15.01.525, Documentation of Informed Consent requires informed consent disclosures be received and acknowledged in writing by both the client and licensee and such disclosure of information concerning their practice must include:
1. Name, Business Address and Phone Number of Licensee.
2. License Type and License Number, and Certifications.
3. Education
4. Theoretical Orientation and Approach.
5. Relationship
6. The Extent and Limits of Confidentiality.
7. Written Statement
8. Client’s Rights.
9. Board of Information.
Whereas, Signing a general consent to counseling services at the beginning of the school year with no prior knowledge related to the aforementioned sections 1 through 9 inclusive is a violation of Idaho Admin Code Section 24.15.01.525.
Whereas, Policies asking parents to either knowingly or unknowingly sign a general consent to counsel form for children under the age of 14 is an unequivocal violation of state laws, regulations, ethical standards outlined by the American Counselors Association and parental rights.
Whereas, regardless of age, general practice allows schools to define school counseling as a regular educational service thereby bypassing informed consent unless a parent specifically forbids a student from seeing a school counselor. However, school counselors operating in this fashion are licensed professionals conducting mental healthcare services ranging from Anxiety disorders and Attention Deficient Disorder to potential cases of Gender Dysphoria. Under current policies, when counseling children under the age of 14 school counselors are in violation of informed consent laws, administrative codes, ethical standards and parental rights.
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