Should schools have the right to offer mental health care to children without parental consent?

I can only say it was common knowledge when I was in high school (2010-2014) that there were about 50 students who were relegated to special education classes, with specially trained teachers, rather than general education, out of roughly 300 students total.

~Max

Maybe I wasn’t clear - when I described this

There are certainly some places where schools host various sorts of health clinics sponsored and staffed by a community-based clinic or hospital and I’m sure some of those include mental health services but that’s different from school staff providing the evaluation and treatment.

the clinics are physically at the schools, but not staffed by school personnel. I looked up the information for my city and found this which includes a statement that the clinic will not provide care without parental consent , except for reproductive health services in high schools and then goes on to say

NY State law allows minors to consent to their own care for the below services:

  • Reproductive health services, including contraception and prenatal care
  • Testing for and treatment of STIs, including HIV
  • Mental health counseling and treatment
  • Substance abuse treatment

I can only assume that means the school based clinics will refer students for those services that they can consent to on their own. Otherwise, there isn’t any reason to mention that minors can consent to their own treatment.

Oh and this seems to be almost exactly what I’m talking about - Cummins is a community based provider that also operates school-based clinics. Their clinical providers are “co-located” at schools and they work “closely in collaboration with schools” - which is very different from school/guidance counselors employed by the school district. It seems like the same care provided at a non-school clinic because it is - it’s as if Cummins rented office space inside the school.

I do want to point out that the existence of school based clinics probably varies based on demographics - I would be very surprised if an upper-middle class school district had any

My apologies - I was posting that info in response to a poster other than you.

Here’s an in-depth (.pdf) about minor consent in New York.

The rules for providing mental health care to a minor are pretty narrow, and a lot more narrow than other types of service they can receive without parental consent.

A mental health practitioner practicing in a facility licensed or operated by the state Office of Mental Health may provide outpatient services to a minor without parental consent if:

(1) The minor knowingly and voluntarily seeks such services, and

(2) The services are clinically indicated and necessary to the minor’s well-being, and

(3) (i) a parent or guardian is not reasonably available, or (ii) requiring parental or guardian consent or involvement would have a detrimental effect on the course of outpatient treatment, or (iii) a parent or guardian has refused to give such consent and a physician determines that treatment is necessary and in the best interests of the minor.

So it’s much more rigorous than a kid showing up and say “don’t tell my folks,” and the determination has to be made by a physician. There are similar requirements for minors seeking services for substance abuse.

I was once at a class orientation for one of my kids and the teacher (addressing all the parents) was making the point that no one should take anything their kids said about the teacher or classroom dynamics without consulting him first. He then relayed some outlandish things kids had told him about their parents/families and said “so let’s make a deal. I won’t take for granted anything your kids say about you, and you don’t take for granted anything your kids say about me”. :slight_smile:

(Though this was a grade school class, and not teenagers, which is what you’re discussing. But the same thing applies.)