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An educator entering the professional school counseling profession will almost certainly encounter the need to counsel a student who engages in suicide ideation.

The following guide serves to help new and experienced counselors familiarize themselves with the legal and ethical requirements of working with suicidal students.  This guide will also provide links to resources that can provide students treatment, and links to training resources that will guide educators to use best practices suited for suicide prevention.

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Maria Hudgins, principal of Roberto "Bobby" Barrera Elementary school at Laughlin AFB, and I had a conversation about working with suicidal elementary school students.

When asked how often do the admin and counselors deal with suicide threats at the elementary level she said she and the counselor have only had to deal with one case in in the last two years in her current school of approximately 150 students.  However, in her previous school of more than 600 students, she and the counselors have had to work in one to two cases per week, regularly stemming from girls of low socio economic and unstable home environments.

When asked how counselors and administrators work with suicidal students, she presented me with the school district's Suicide Risk Reporting & Intervention Packet.
Mrs. Hudgins stressed the use of the flowchart that begins with a student's expression of suicidal ideation.  The flowchart then directs the administrator or counselor to identify the level of risk through questioning.  The last level in the flow chart provides the criteria for high, medium, and low risk.

The first two pages contain the questions that are to be asked of the student, with fields to record answers that aid in assessing risk.

Three pages with protocols for counselors, administrators, and teachers are present.   The counseling protocols involve steps for contacting students, steps for contacting parents, and instructions for when a parent refuses pick up the student or when a parent cannot be contacted.

Part of the counselor's protocol is to develop a safety plan with the student which has the student identify his or her support system and to reassure the student that help is available. (best practice)

Parental contact protocol involves contacting parents, informing them of the student's behavior without my opinion, gathering information about the student's behavior at home, and sharing the student's safety plan with the parent.  The contact is documented by a Parent Notification Form near the end. (best practice)

The packet also contains a list of resources for parents. (best practice)

I asked Mrs. Hudgins what was the typical response from parents whenever a contact concerning a threat of suicide is made.  She said: "Most parents, in my experience, have not been surprised because the child had shown behaviors at home prior to exhibiting behaviors at school." (Personal Communication).

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American School Counselor Association (ASCA)

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American School Counselor Association (ASCA)

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The American School Counselors Association website offers counselors services, training, access to liability insurance, news, forums, and a code of ethics that serves as a guide for Counselors.  It also provides a model for a suicide prevention policy, such as the PDF document above, that can guide in the formation of a program in case a school or school district does not have one in place.

ASCA Website:
https://www.schoolcounselor.org/

ASCA Code of Ethical Standards:
A.9. Serious and Foreseeable Harm to Self and Others
School counselors:

Section (a)  establishes that counselors should inform parents/guardians and/or appropriate authorities when a student poses a serious and foreseeable risk of harm to self or others informing students of limitations of confidentiality.

Section (b) establishes that counselors should use risk assessments, develop an intervention plan, report risk-assessment results to parents.  It also warns school counselors do not negate or minimize the risk of harm.

Section (c) establishes that the counselor not release a student who is a danger to self or others until the student has the proper and necessary support.  It also instructs counselors to report to Child Protective Services instances when parents refuse to cooperate.

Section (d) instructs counselors to report to parents/guardians and/or appropriate authorities when students express a threat such as, physical abuse, sexual abuse, neglect, dating violence, bullying or sexual harassment.   It also instructs the school counselor to follow federal and state laws, and local policies.

The links below provide training webinars, compliments of the American School Counselor Association website:

Guide from ASCA:  Model School District Policy on Suicide Prevention: Model Language, Commentary, and Resources
file:///C:/Users/taran/OneDrive/Desktop/ASU/Spring%202022/Legal%20and%20Ethical%20Principals%20EDG%206305/Module%207/ASCA%20Model-School-District-Policy-Suicide-Prevention.pdf

Webinar to Model School District Policy on Suicide Prevention: Model Language, Commentary, and Resources

https://videos.schoolcounselor.org/webinar-model-school-district-policy-on-suicide-prevention

Webinar to Suicide Risk Assessments Pose Legal Risk to School Counselors  -
https://videos.schoolcounselor.org/suicide-risk-assessments-pose-legal-risk-to-school-counselors

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This article makes the claim that young children as as young as five years old are capable of experiencing emotional distress to the point where they contemplate suicide.

Suicide is the second leading cause of death for children between 10 to 14.  It is the 10th leading cause of death for children 5 to 9 years old.

Less than a third of children who died by suicide had been diagnosed with a mental illness.

40 percent of children who died by suicide had family instability

A third of children who died by suicide had experienced disruptions at school such as quarantines

According to the CDC, mental health emergencies have increased for children between 5 to 17 during the first eight months of the pandemic.

Children who die of suicide are more likely to be Black or male.

Signs that may indicate suicidal ideation differ in young children from teenagers, and adults only know of suicidal ideation from children about a quarter of the times.

Young children are less explicit in expressing their suicide ideation and will use other verbal cues such as

"not wanting to be around anymore."

"going away and not coming back" (Sparks, 2022, paragraph 16)

The article claims that adults (teachers in particular) are generally uncomfortable asking children if they are thinking of killing themselves, and therefore do not respond appropriately, responding punitively at times when ideation is expressed in misbehavior.

The article advocates for the following:

1. Provide suicide-prevention curriculum to all elementary and middle school students -recognizing signs and referring to counselors/school psychologists

2. Train all school personnel to become a gatekeeper whom students may talk to

3. All students provide a list of trusted adults at school whom they can talk to about suicide

References
Sparks, S. D. (2022, March 1).  Suicide is rising among younger students. Here's how schools can prevent tragedy.  Education Week. https://www.edweek.org/leadership/suicide-is-rising-among-younger-students-heres-how-schools-can-prevent-tragedy/2022/03

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Suicide is Rising Among Younger Students. Here's How Schools Can Prevent Tragedy

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Gabriel Taye, a student at Carson Elementary School, was constantly bullied by his peers.  On the day before Taye committed suicide, he was knocked unconscious by school bullies in the bathroom.  The assistant principal stood over the unconscious Taye but did not call 911 as required by district policy.  The school nurse called his mother and said he fainted.  The next day, Taye was bullied in the bathroom again and later that same day hung himself with a belt.   The lawsuit brought against the school's principal and the assistant principal established that there was a pattern of bullying that continued against Taye since 1st grade.

The 6th Circuit Court in Cincinnati, Ohio has allowed a lawsuit against two school administrators to proceed.  The lawsuit alleges that school administrators

reported false information about the number o bullying incidences that occurred at school (required by Ohio law);

failed to inform the student's parents;

failed to adequately respond to bullying violence in student bathrooms, even after fully knowing that the victim was subjected to violence in the school bathroom by his peers;

The court concluded that these failures to prevent bullying were reckless and made the student's resorting to suicide foreseeable by the two defendants.  Thus, they are barred from government immunity.

References
Walsh, M. (2020, December 30). Federal appeals court lets lawsuit proceed against educators in student suicide.  Education Week. https://www.edweek.org/policy-politics/federal-appeals-court-lets-lawsuit-proceed-against-educators-in-students-suicide/2020/12

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Federal Appeals Court Lets Lawsuit Proceed Against Educators in Student's Suicide

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The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people (U.S. Const. amend. X).

The tenth amendment of the constitution affirms the right of the Texas Legislature to create and implement laws concerning the duties and rules governing schools and school personnel in creating counseling programs.  One of those duties is the duty to inform parents.

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Texas Law

The Texas Family Code  § 32.004(a)(1) mandates that a child may consent to counseling for suicide prevention.   Furthermore, the Texas Family Code § 32.004 (b)(1) authorizes counseling of a child without parental consent if the cause for counseling is a threat of suicide by the child.  Because the Texas Legislature authorizes the counselor to work with a suicidal student without parental consent.  This is important since there is no legal impediment that should keep a counselor from performing his duty to the student.

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.32.htm#32.004

The Texas Education Code §38.351 (C) (c) (4). establishes that TEA will establish a list of recommended best practices programs for suicide prevention.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm#38.351

The Texas Education Code § 38.353 (1) & (2) mandate the printing of contact information for the National Suicide Prevention Life Line and Crisis Text Line on student cards for students in sixth grade and above. Although it is not the counselor's responsibility to have these printed, the counselor could always remind the student to refer to this number when there is an immediate need for it outside the school.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm#38.352

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FAMILY CODE



TITLE 2. CHILD IN RELATION TO THE FAMILY



SUBTITLE A. LIMITATIONS OF MINORITY



CHAPTER 32. CONSENT TO TREATMENT OF CHILD BY NON-PARENT OR CHILD



SUBCHAPTER A. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL, AND SURGICAL TREATMENT



Sec. 32.001. CONSENT BY NON-PARENT. (a) The following persons may consent to medical, dental, psychological, and surgical treatment of a child when the person having the right to consent as otherwise provided by law cannot be contacted and that person has not given actual notice to the contrary:


(1) a grandparent of the child;


(2) an adult brother or sister of the child;


(3) an adult aunt or uncle of the child;


(4) an educational institution in which the child is enrolled that has received written authorization to consent from a person having the right to consent;


(5) an adult who has actual care, control, and possession of the child and has written authorization to consent from a person having the right to consent;


(6) a court having jurisdiction over a suit affecting the parent-child relationship of which the child is the subject;


(7) an adult responsible for the actual care, control, and possession of a child under the jurisdiction of a juvenile court or committed by a juvenile court to the care of an agency of the state or county; or


(8) a peace officer who has lawfully taken custody of a minor, if the peace officer has reasonable grounds to believe the minor is in need of immediate medical treatment.


(b) Except as otherwise provided by this subsection, the Texas Juvenile Justice Department may consent to the medical, dental, psychological, and surgical treatment of a child committed to the department under Title 3 when the person having the right to consent has been contacted and that person has not given actual notice to the contrary. Consent for medical, dental, psychological, and surgical treatment of a child for whom the Department of Family and Protective Services has been appointed managing conservator and who is committed to the Texas Juvenile Justice Department is governed by Sections 266.004, 266.009, and 266.010.


(c) This section does not apply to consent for the immunization of a child.


(d) A person who consents to the medical treatment of a minor under Subsection (a)(7) or (8) is immune from liability for damages resulting from the examination or treatment of the minor, except to the extent of the person's own acts of negligence. A physician or dentist licensed to practice in this state, or a hospital or medical facility at which a minor is treated is immune from liability for damages resulting from the examination or treatment of a minor under this section, except to the extent of the person's own acts of negligence.


Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 5, eff. Sept. 1, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 1, eff. May 23, 2009.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 37, eff. September 1, 2015.


Sec. 32.002. CONSENT FORM. (a) Consent to medical treatment under this subchapter must be in writing, signed by the person giving consent, and given to the doctor, hospital, or other medical facility that administers the treatment.


(b) The consent must include:


(1) the name of the child;


(2) the name of one or both parents, if known, and the name of any managing conservator or guardian of the child;


(3) the name of the person giving consent and the person's relationship to the child;


(4) a statement of the nature of the medical treatment to be given; and


(5) the date the treatment is to begin.


Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 32.003. CONSENT TO TREATMENT BY CHILD. (a) A child may consent to medical, dental, psychological, and surgical treatment for the child by a licensed physician or dentist if the child:


(1) is on active duty with the armed services of the United States of America;


(2) is:


(A) 16 years of age or older and resides separate and apart from the child's parents, managing conservator, or guardian, with or without the consent of the parents, managing conservator, or guardian and regardless of the duration of the residence; and


(B) managing the child's own financial affairs, regardless of the source of the income;


(3) consents to the diagnosis and treatment of an infectious, contagious, or communicable disease that is required by law or a rule to be reported by the licensed physician or dentist to a local health officer or the Texas Department of Health, including all diseases within the scope of Section 81.041, Health and Safety Code;


(4) is unmarried and pregnant and consents to hospital, medical, or surgical treatment, other than abortion, related to the pregnancy;


(5) consents to examination and treatment for drug or chemical addiction, drug or chemical dependency, or any other condition directly related to drug or chemical use;


(6) is unmarried, is the parent of a child, and has actual custody of his or her child and consents to medical, dental, psychological, or surgical treatment for the child; or


(7) is serving a term of confinement in a facility operated by or under contract with the Texas Department of Criminal Justice, unless the treatment would constitute a prohibited practice under Section 164.052(a)(19), Occupations Code.


(b) Consent by a child to medical, dental, psychological, and surgical treatment under this section is not subject to disaffirmance because of minority.


(c) Consent of the parents, managing conservator, or guardian of a child is not necessary in order to authorize hospital, medical, surgical, or dental care under this section.


(d) A licensed physician, dentist, or psychologist may, with or without the consent of a child who is a patient, advise the parents, managing conservator, or guardian of the child of the treatment given to or needed by the child.


(e) A physician, dentist, psychologist, hospital, or medical facility is not liable for the examination and treatment of a child under this section except for the provider's or the facility's own acts of negligence.


(f) A physician, dentist, psychologist, hospital, or medical facility may rely on the written statement of the child containing the grounds on which the child has capacity to consent to the child's medical treatment.


Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 6, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 821, Sec. 2.01, eff. June 14, 2001.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1227 (H.B. 2389), Sec. 2, eff. June 15, 2007.


Sec. 32.004. CONSENT TO COUNSELING. (a) A child may consent to counseling for:


(1) suicide prevention;


(2) chemical addiction or dependency; or


(3) sexual, physical, or emotional abuse.


(b) A licensed or certified physician, psychologist, counselor, or social worker having reasonable grounds to believe that a child has been sexually, physically, or emotionally abused, is contemplating suicide, or is suffering from a chemical or drug addiction or dependency may:


(1) counsel the child without the consent of the child's parents or, if applicable, managing conservator or guardian;


(2) with or without the consent of the child who is a client, advise the child's parents or, if applicable, managing conservator or guardian of the treatment given to or needed by the child; and


(3) rely on the written statement of the child containing the grounds on which the child has capacity to consent to the child's own treatment under this section.


(c) Unless consent is obtained as otherwise allowed by law, a physician, psychologist, counselor, or social worker may not counsel a child if consent is prohibited by a court order.


(d) A physician, psychologist, counselor, or social worker counseling a child under this section is not liable for damages except for damages resulting from the person's negligence or wilful misconduct.


(e) A parent, or, if applicable, managing conservator or guardian, who has not consented to counseling treatment of the child is not obligated to compensate a physician, psychologist, counselor, or social worker for counseling services rendered under this section.


Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 32.005. EXAMINATION WITHOUT CONSENT OF ABUSE OR NEGLECT OF CHILD. (a) Except as provided by Subsection (c), a physician, dentist, or psychologist having reasonable grounds to believe that a child's physical or mental condition has been adversely affected by abuse or neglect may examine the child without the consent of the child, the child's parents, or other person authorized to consent to treatment under this subchapter.


(b) An examination under this section may include X-rays, blood tests, photographs, and penetration of tissue necessary to accomplish those tests.


(c) Unless consent is obtained as otherwise allowed by law, a physician, dentist, or psychologist may not examine a child:


(1) 16 years of age or older who refuses to consent; or


(2) for whom consent is prohibited by a court order.


(d) A physician, dentist, or psychologist examining a child under this section is not liable for damages except for damages resulting from the physician's or dentist's negligence.


Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 1997, 75th Leg., ch. 575, Sec. 1, eff. Sept. 1, 1997.


SUBCHAPTER B. IMMUNIZATION



Sec. 32.101. WHO MAY CONSENT TO IMMUNIZATION OF CHILD. (a) In addition to persons authorized to consent to immunization under Chapter 151 and Chapter 153, the following persons may consent to the immunization of a child:


(1) a guardian of the child; and


(2) a person authorized under the law of another state or a court order to consent for the child.


(b) If the persons listed in Subsection (a) are not available and the authority to consent is not denied under Subsection (c), consent to the immunization of a child may be given by:


(1) a grandparent of the child;


(2) an adult brother or sister of the child;


(3) an adult aunt or uncle of the child;


(4) a stepparent of the child;


(5) an educational institution in which the child is enrolled that has written authorization to consent for the child from a parent, managing conservator, guardian, or other person who under the law of another state or a court order may consent for the child;


(6) another adult who has actual care, control, and possession of the child and has written authorization to consent for the child from a parent, managing conservator, guardian, or other person who, under the law of another state or a court order, may consent for the child;


(7) a court having jurisdiction of a suit affecting the parent-child relationship of which the minor is the subject;


(8) an adult having actual care, control, and possession of the child under an order of a juvenile court or by commitment by a juvenile court to the care of an agency of the state or county; or


(9) an adult having actual care, control, and possession of the child as the child's primary caregiver.


(c) A person otherwise authorized to consent under Subsection (a) may not consent for the child if the person has actual knowledge that a parent, managing conservator, guardian of the child, or other person who under the law of another state or a court order may consent for the child:


(1) has expressly refused to give consent to the immunization;


(2) has been told not to consent for the child; or


(3) has withdrawn a prior written authorization for the person to consent.


(d) The Texas Juvenile Justice Department may consent to the immunization of a child committed to it if a parent, managing conservator, or guardian of the minor or other person who, under the law of another state or court order, may consent for the minor has been contacted and:


(1) refuses to consent; and


(2) does not expressly deny to the department the authority to consent for the child.


(e) A person who consents under this section shall provide the health care provider with sufficient and accurate health history and other information about the minor for whom the consent is given and, if necessary, sufficient and accurate health history and information about the minor's family to enable the person who may consent to the minor's immunization and the health care provider to determine adequately the risks and benefits inherent in the proposed immunization and to determine whether immunization is advisable.


(f) Consent to immunization must meet the requirements of Section 32.002(a).


Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 7.09(a), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 6.02, eff. Sept. 1, 1999.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 38, eff. September 1, 2015.


Sec. 32.1011. CONSENT TO IMMUNIZATION BY CHILD. (a) Notwithstanding Section 32.003 or 32.101, a child may consent to the child's own immunization for a disease if:


(1) the child:


(A) is pregnant; or


(B) is the parent of a child and has actual custody of that child; and


(2) the Centers for Disease Control and Prevention recommend or authorize the initial dose of an immunization for that disease to be administered before seven years of age.


(b) Consent to immunization under this section must meet the requirements of Section 32.002(a).


(c) Consent by a child to immunization under this section is not subject to disaffirmance because of minority.


(d) A health care provider or facility may rely on the written statement of the child containing the grounds on which the child has capacity to consent to the child's immunization under this section.


(e) To the extent of any conflict between this section and Section 32.003, this section controls.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1313 (S.B. 63), Sec. 1, eff. June 14, 2013.


Sec. 32.102. INFORMED CONSENT TO IMMUNIZATION. (a) A person authorized to consent to the immunization of a child has the responsibility to ensure that the consent, if given, is an informed consent. The person authorized to consent is not required to be present when the immunization of the child is requested if a consent form that meets the requirements of Section 32.002 has been given to the health care provider.


(b) The responsibility of a health care provider to provide information to a person consenting to immunization is the same as the provider's responsibility to a parent.


(c) As part of the information given in the counseling for informed consent, the health care provider shall provide information to inform the person authorized to consent to immunization of the procedures available under the National Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section 300aa-1 et seq.) to seek possible recovery for unreimbursed expenses for certain injuries arising out of the administration of certain vaccines.


Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Renumbered from Sec. 32.103 and amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.09(b), (d), eff. Sept. 1, 1997.


Sec. 32.103. LIMITED LIABILITY FOR IMMUNIZATION. (a) In the absence of wilful misconduct or gross negligence, a health care provider who accepts the health history and other information given by a person who is delegated the authority to consent to the immunization of a child during the informed consent counseling is not liable for an adverse reaction to an immunization or for other injuries to the child resulting from factual errors in the health history or information given by the person to the health care provider.


(b) A person consenting to immunization of a child, a physician, nurse, or other health care provider, or a public health clinic, hospital, or other medical facility is not liable for damages arising from an immunization administered to a child authorized under this subchapter except for injuries resulting from the person's or facility's own acts of negligence.


Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Renumbered from Sec. 32.104 by Acts 1997, 75th Leg., ch. 165, Sec. 7.09(e), eff. Sept. 1, 1997.


SUBCHAPTER C. MISCELLANEOUS PROVISIONS



Sec. 32.201. EMERGENCY SHELTER OR CARE FOR MINORS. (a) An emergency shelter facility may provide shelter and care to a minor and the minor's child or children, if any.


(b) An emergency shelter facility may provide shelter or care only during an emergency constituting an immediate danger to the physical health or safety of the minor or the minor's child or children.


(c) Shelter or care provided under this section may not be provided after the 15th day after the date the shelter or care is commenced unless:


(1) the facility receives consent to continue services from the minor in accordance with Section 32.202; or


(2) the minor has qualified for financial assistance under Chapter 31, Human Resources Code, and is on the waiting list for housing assistance.


Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 2003, 78th Leg., ch. 192, Sec. 1, eff. June 2, 2003.


Sec. 32.202. CONSENT TO EMERGENCY SHELTER OR CARE BY MINOR. (a) A minor may consent to emergency shelter or care to be provided to the minor or the minor's child or children, if any, under Section 32.201(c) if the minor is:


(1) 16 years of age or older and:


(A) resides separate and apart from the minor's parent, managing conservator, or guardian, regardless of whether the parent, managing conservator, or guardian consents to the residence and regardless of the duration of the residence; and


(B) manages the minor's own financial affairs, regardless of the source of income; or


(2) unmarried and is pregnant or is the parent of a child.


(b) Consent by a minor to emergency shelter or care under this section is not subject to disaffirmance because of minority.


(c) An emergency shelter facility may, with or without the consent of the minor's parent, managing conservator, or guardian, provide emergency shelter or care to the minor or the minor's child or children under Section 32.201(c).


(d) An emergency shelter facility is not liable for providing emergency shelter or care to the minor or the minor's child or children if the minor consents as provided by this section, except that the facility is liable for the facility's own acts of negligence.


(e) An emergency shelter facility may rely on the minor's written statement containing the grounds on which the minor has capacity to consent to emergency shelter or care.


(f) To the extent of any conflict between this section and Section 32.003, Section 32.003 prevails.


Added by Acts 2003, 78th Leg., ch. 192, Sec. 2, eff. June 2, 2003.


Sec. 32.203. CONSENT BY MINOR TO HOUSING OR CARE PROVIDED THROUGH TRANSITIONAL LIVING PROGRAM. (a) In this section, "transitional living program" means a residential services program for children provided in a residential child-care facility licensed or certified by the Department of Family and Protective Services under Chapter 42, Human Resources Code, that:


(1) is designed to provide basic life skills training and the opportunity to practice those skills, with a goal of basic life skills development toward independent living; and


(2) is not an independent living program.


(b) A minor may consent to housing or care provided to the minor or the minor's child or children, if any, through a transitional living program if the minor is:


(1) 16 years of age or older and:


(A) resides separate and apart from the minor's parent, managing conservator, or guardian, regardless of whether the parent, managing conservator, or guardian consents to the residence and regardless of the duration of the residence; and


(B) manages the minor's own financial affairs, regardless of the source of income; or


(2) unmarried and is pregnant or is the parent of a child.


(c) Consent by a minor to housing or care under this section is not subject to disaffirmance because of minority.


(d) A transitional living program may, with or without the consent of the parent, managing conservator, or guardian, provide housing or care to the minor or the minor's child or children.


(e) A transitional living program must attempt to notify the minor's parent, managing conservator, or guardian regarding the minor's location.


(f) A transitional living program is not liable for providing housing or care to the minor or the minor's child or children if the minor consents as provided by this section, except that the program is liable for the program's own acts of negligence.


(g) A transitional living program may rely on a minor's written statement containing the grounds on which the minor has capacity to consent to housing or care provided through the program.


(h) To the extent of any conflict between this section and Section 32.003, Section 32.003 prevails.


Added by Acts 2013, 83rd Leg., R.S., Ch. 587 (S.B. 717), Sec. 1, eff. June 14, 2013.

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FAMILY CODE CHAPTER 32. CONSENT TO TREATMENT OF CHILD BY NON-PARENT OR CHILD

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Eisel v. Board of Education, (Md. 1991) establishes that a counselor has a duty to inform parents when a student has disclosed the intention for self-harm or suicide.  The judge in this case ruled that “the harm that may result from a school counselor's failure to intervene appropriately when a child threatens suicide is total and irreversible for the child, and severe for the child's family. ” Eisel v. Board of Education, 324 Md. 376, 391 (Md. 1991)

Also, from reading numerous news articles about lawsuits against teachers, counselors, administrators and school districts, breaching the duty to inform has been a common failure in preventing students from committing suicide. Thus, the counselor would be wise to inform parents when suicide ideation is expressed.

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The Texas Administrative Code §153.1013 mandates school districts to provide training to school teachers, counselors, and administrators.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=P&p_rloc=187943&p_tloc=14861&p_ploc=1&pg=2&p_tac=&ti=19&pt=2&ch=153&rl=1021

The Texas Education Agency provides a list of training that include best practices for teachers and counselors.  The following link provides access to these web-based trainings.

https://tea.texas.gov/about-tea/other-services/mental-health/suicide-prevention-intervention-and-postvention

The Texas Education Agency also provides a list of web sources/links for the following:

Mental Health and Suicide Prevention

https://tea.texas.gov/texas-schools/health-safety-discipline/coordinated-school-health/counseling-and-mental-health-services-of-the-coordinated-school-health-model

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=P&p_rloc=187943&p_tloc=14861&p_ploc=1&pg=2&p_tac=&ti=19&pt=2&ch=153&rl=1021

Best Practices

https://tea.texas.gov/about-tea/other-services/mental-health/suicide-prevention-intervention-and-postvention

Mental Health and Suicide Prevention

https://tea.texas.gov/texas-schools/health-safety-discipline/coordinated-school-health/counseling-and-mental-health-services-of-the-coordinated-school-health-model

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To secure the student's safety and to avoid liability, San Felipe Del Rio CISD (2021) instructs the counselor and other school employees not leave the student alone and to "contact the student’s parent, as described in the Parental Notification and Involvement section, and will assist the family with obtaining outside care, as appropriate" (p. 53)

https://www.sfdr-cisd.org/media/r4tgtl1c/sfdrcisd-2021-2022-sy-employee-handbook.pdf

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Nonmaleficence, or "do no harm" in the case of working with suicidal students is equated to not breaching a legal duty to serve the student, question the student, informing parents, not leaving the student alone, and referring the student to outside mental health services.  A failure to do these things has been deemed by the courts to lead to harm. (see news article: Federal Appeals Court Lets Lawsuit Proceed Against Educators in Student's Suicide)

At the same time the counselor should practice Beneficence as actively doing good for the student.  By taking the precautions mentioned above and following the district's protocols, the counselor will practice Nonmaleficence and Beneficence in hopes of keeping the student safe from harm.

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My Personal Connections to Legal/Ethical Standard

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My Personal Connections to Legal/Ethical Standard

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These are the lessons that I have learned:

Involving parents in the treatment of suicidal students is of the upmost importance, both for the student's safety and for respecting the rights of parents.

I also learned that all risks, particularly reports of bullying, should be taken seriously.  Even if the student scores low on the threat assessment, the counselor should check in with the student periodically and with his parents as well.

Asking the child to name his or her support group (parents, grandparents, friends, cousins, other adults) is also of high importance since going through the list is a way to telling the child that he or she is not alone, apart from giving the counselor access to people who share in the responsibility for assuring the child's safety.

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Recommendations & Best Practices for Compliance

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Recommendations & Best Practices for Compliance

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The following are my recommendations for compliance of laws ethical duties:

Ask the hard question when a student who is depressed comes to speak to you "Are you thinking of committing suicide?" "Have you been thinking about killing yourself?"  This is also true for a student who has expressed suffering from severe bullying as the social isolation may drive a student to killing him or herself.

When the student has expressed suicidal ideation, parents must be called.  Parents are the primary source of support for the student.  If there is bullying or drug use, parents are to be called. They will be the ones who follow up with your referral for outside mental health services.  However, if the student's parents are not cooperating, report to Child Protective Services.

Tell the student that he or she is not alone.  That help is available.  Have the student make a list of people who are his or her support.

Never leave the student alone, even if he or she says "I am fine." Wait for parents to come.