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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, suicide prevention, or chemical addiction, dependency, or abuse. Family Code 32.004

EXCEPTION

A School 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)

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 School nor an employee of the School may refer a student to an outside counselor for care or treatment of a chemical dependency or an emotional or psychological condition unless the School 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 School 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 School 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

Adopted: 9/25/92

Amended: 1/24/97, 5/25/05

Reviewed: