Laws and Regulations on Suicide by

Slide #1 Professional Perspective, Audience, and Topic:

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A school counselor must ensure that students are safe and ready to learn. School counselors must ensure students stay safe from their peers and themselves. Working in a school setting, teachers, staff, and counselors are most likely to deal with mandatory reporting for child abuse and neglect as well as suicide. These topics are severe, and teachers, staff, and parents should know what to do in these situations. "Suicide is a serious public health problem" (CDC, 2023). Suicide affects many people in the United States, including students. School counselors have the responsibility to educate school staff, parents, and students about the signs of suicide (Gallo, 2017).

Slide #2 Governing Agency:

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The Texas Education Agency discusses the school counselor's role and how the school counselor services the students at school. The ASCA Ethical Standards are followed by school counselors to maintain appropriate professional regulations and guidelines. School counselors follow the proper responses to different situations in the workplace (ASCA, 2022). Following the ASCA ethical standards upholds the integrity of the counseling profession within the educational setting. It helps maintain and create a safe and ethical environment for students.

Slide #4 Identify the one statue and one administrative law that align with your topic

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House Bill 3980, 2019 - aligns with the topic of suicide. It states that suicide is a public health crisis affecting all ages. The bill states that postventions include activities to reduce the amount of suicide risks and to promote healing. "Policy makers need a better understanding of the issue to determine the appropriate state and regional efforts necessary to decrease suicide rates in this state across different ages" (House Bill No. 3890)

According to the Assisted Suicide Funding Restriction Act of 1997, "Assisted suicide, euthanasia, and mercy killing have been criminal offenses throughout the United States and, under current law, it would be unlawful to provide services in support of such illegal activities." It is unlawful to aid someone in committing suicide.

Slide #3 Identify the federal and state constitutional laws that align with your topic

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(Washington v. Glucksberg, 1997) - It is a Supreme Court Case stating that aiding or causing someone to commit suicide is unconstitutional. The law emphasizes the interest of protecting and preserving life.

The Texas Administrative Code states that school counselors "coordinate resources, referrals, and follow-up procedures for students within the school and community" (Tex. Admin. Code, §239.15).

Rogers V. Christina School District (2013). Supreme Court of Delaware

A student admitted to attempting to commit suicide because he was feeling alone and unloved. The school counselor spent a few hours with the student and thought he was ready to go back to class because he was not suicidal. The school counselor did not inform the parents of the student's concerns but told the teachers, assistant principal, and other school counselors. Later that day, the student went home and hung himself.

Slide #5 Identify the common or case laws that align with your topic

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Tarasoff Statute: Any therapist must protect others from violent acts treated by their patients (Lawline, 2023). School counselors and other counselors must report a client hurting themselves or others. The Tarasoff Statute arose with the murder of a woman named Tatiana Tarasoff by a patient who expressed intent of harming her. Mental health practitioners have the principle of confidentiality, which protects what clients disclose to them. However, this act of a client revealing the intent to harm another person and acting on it changed the way mental health professionals approach confidentiality. The change of confidentiality is to prioritize the safety of individuals over their client's privacy act.

Slide #6 Identify the federal regulation or mandate that align with your topic

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The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) and the American Foundation for Suicide Prevention (AFSP) signed an alliance agreement on September 7, 2022, to promote workplace mental health and suicide prevention" (AFSP, 2023). These agreements discuss the different ways to prevent suicide and provide support for those who have been affected by suicide. It also provides mental health in the workplace. The foundation collaborates with professionals and survivors of suicide loss. The goal of this agreement is to save lives and bring hope to the people affected by suicide. The OSHA aims to ensure safe and healthy working conditions in the United States by setting and enforcing standards and providing training, education, and assistance. The ASFP focuses on preventing suicide, raising awareness, advocating for mental health policies, and providing resources for individuals and communities.

Slide #7 Local Administrative Law/Policy/Rule

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House Bill 3980, 86th

Report on Suicide and Suicide Prevention in Texas. This document "states the rules and policies related to suicide and suicide prevention, intervention, and postvention." It contains different policies for the different departments, such as the Department of Family and Protective Services, Health and Human Services Commission, and Texas Commission Jail Standards.

Slide #8 Discuss, in bullet point format, three risk management strategies related to the topic and why it is important.

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It is essential to have risk management strategies to know if a student is having suicidal ideations. It is crucial to prioritize the student's safety. A school counselor's role is to ensure students are safe and to promote overall well-being and success.

Communication is vital to understanding the feelings of the students. It helps in expressing empathy and concern while avoiding judgment. With communication, a relationship can form, and students will be more open to speaking to the counselor if they have a positive relationship with the school counselor.
Maintaining parent communication is vital to keep them in the support process. Parents are the decision-makers for their children, and ensuring that they know what is going on in their child's life can help them make the best choices for their children.
Collaboration with mental health professionals is essential because school counselors refer students to the appropriate resources when needed. School counselors cannot diagnose, but they have the resources to refer students to a mental health therapist.
“School counselors determining if a student is not suicidal and deciding that parents do not need to be called might be a school counseling department of practice, but it is not the standard of care for the profession” (Stone, 2018). School counselors may face consequences if they believe a student is not suicidal and do not inform parents. This is negligence. School counselors must treat every outcry as a cry for help.

#9 Ethical Principle: Identify one item in your professional code of ethics related to your topic or related to an ethical dilemma that can come up in scenarios related to your topic.

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Students go through so much at home and in their daily lives. As educators, we do not always know what problems they encounter daily. We do not always know what they are thinking. Students can have many issues at home, and it can become overwhelming for them to cope with. Unfortunately, students may have a suicidal outcry. As school counselors, we must help them cope with their feelings and overcome their struggles. School counselors also refer students and parents to the appropriate resources and call mental health specialists to help students. According to ASCA Ethical Standards, "school counselors inform parents/guardians and school administration when a student poses a serious and forseeable risk of harm to self or others" (2022).

Slide #10 Personal Connection to the Legal and Ethical Standards

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Personal connections to the legal and ethical standards about self-harm are that a student that was in my class had a suicide outcry. The student did not tell me about the suicidal ideation, but a friend did. As educators working with students, we need to be informed about the protocols of a situation. School counselors are the only mental health professionals in the school setting who have training in the different areas to help the needs of the students. School counselors need to be aware of the proper protocols and the proper actions to take when a student has a suicide outcry. School counselors can inform teachers and staff about the regulations and policies to ensure students are safe if school counselors are informed and trained. School counselors are significant assets to have in the school system because they can aid in supporting students with their different needs and help refer them to the appropriate resources to help with their mental health.

Slide #11 Bulleted list of Recommendations / Best Practices for Compliance

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Suppose a student approaches a school counselor with suicidal ideations. The school counselor must act appropriately to ensure the student's safety.

The school counselor may ask if the student is thinking about committing suicide. And if the student has a plan?
The school counselor can give an assessment of risk to evaluate the level of risk.
Parents and administration must be informed about the student's outcry.
Student must not be left alone to ensure the student is safe.
Mental Health professionals can be reached to inform them about the situation. If the student has a high level of risk, they will be taken to a mental health facility for further evaluation and to receive the help they need.
The school counselor can speak to parents/guardians to make appointments with a mental health therapist to ensure the student gets help.
The school counselor will follow up with the student and parents to ensure the student is receiving mental health help.
The school counselor can work with the student at school to help cope with the different feelings the student experiences while at school.

References:

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American Foundation for Suicide Prevention. (2023). AFSP-OSHA alliance. https://afsp.org/afsp-osha-alliance/

American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Assisted Suicide Funding Restriction Act of 1997, Pub L. No. 105-12, 111Stat. 23 (1997). https://www.congress.gov/105/plaws/publ12/PLAW-105publ12.pdf

Centers for Disease Control and Prevention. (2023). Facts about suicide. https://www.cdc.gov/suicide/facts/index.html

Gallo, L. (2017). Professional issues in school counseling and suicide prevention. Journal of School Counseling, 15(11), 1-27. https://eds.s.ebscohost.com/eds/pdfviewer/pdfviewer?vid=9&sid=f60642fc-1de3-43fe-ab66-5957591cff28%40redis

House Bill 3980, 86(R). (2019). https://reports.texasaction.com/bill/86r/hb3980

Lawline Staff Writer. (2023). What is the significance of tarasoff v. regents of the university of california. Lawline. https://blog.lawline.com/tarasoff-vs-regents-university-california#:~:text=The%20case%20arose%20from%20the,significant%20changes%20to%20the%20profession.

Rogers v. Christina School District, 45, 2012. (2013). https://caselaw.findlaw.com/court/de-supreme-court/1639232.html

Standards Required for the School Counselor Certificate, 19 Tex. Admin. Code. §239.15

Stone, C. (2018). Civil vs. criminal activity. American School Counselor Association.https://www.schoolcounselor.org/Magazines/March-April-2018/Civil-vs-Criminal-Activity

Washington v. Glucksberg, 521 U.S. 702 (1997). https://supreme.justia.com/cases/federal/us/521/702/