Informed Consent
Informed consent is a fundamental ethical principle that serves as the cornerstone of medical practice and research involving human subjects. It is legally required and mandated to obtain informed consent from students before conducting any screening procedures.
The informed consent process is crucial it ensures that students are:
Provided with essential information about Screening process.
Fully aware of the purpose, potential benefits, and risks of the screening
Their students rights
Without a thorough informed consent process, students are not able to make an informed decision about their participation.
Important key elements of informed consent include:
Information disclosure: The screener must provide relevant details about the screening in a manner that the individual can comprehend. This includes information about the purpose, procedures, potential benefits, potential risks, potential alternatives, and any potential conflicts of interest.
Capacity to understand: The student must possess the cognitive ability to comprehend the information provided. If the person lacks decision-making capacity due to factors such as age, cognitive impairment, or mental illness, an appropriate surrogate or representative may be involved in the consent process.
Voluntariness: Informed consent must be given voluntarily, free from coercion, undue influence, or manipulation. The individual should have the opportunity to ask questions, seek clarifications, and take the time needed to make a decision without feeling pressured.
Competence to consent: The student must have the legal capacity to provide consent, typically determined by reaching the age of majority or being emancipated. In some cases, specific legal frameworks may allow minors to provide their own consent if they meet certain criteria.
Documented agreement: Informed consent is usually documented through a written consent form, signed by the student or their legally authorized representative.
Informed consent is not just a one-time event but an ongoing process. It involves ongoing communication between the screener and the student, ensuring that they remain informed throughout the course of their screening. If any significant changes occur that may affect the student’s decision to participate, such as new risks or alternative treatments, the informed consent process must be revisited.
School administrators play a crucial role in reviewing and approving Informed consent process and protocols to ensure that informed consent is obtained appropriately and that the rights and welfare of the students are protected. Failure to obtain informed consent or violating its principles can have serious ethical and legal implications.
Informed consent is a fundamental ethical principle that upholds an individual's autonomy and respect for their decision-making ability, ensuring that they are fully informed and empowered to make choices regarding their own participation in the screening.
Your Informed Consent Document should also include:
Details on Mandating Reporting
All screeners are mandated reporters for the states of Oregon. A mandated reporter is anyone required by the state to report suspected abuse or neglect, whether this abuse is physical, psychological, sexual or financial meaning. By law, mandatory reporters must report suspected abuse or neglect of a child regardless of whether or not the knowledge of the abuse was gained in the reporter’s official capacity. Should anything related to safety concerns of a minor or vulnerable adult be disclosed by any individual screeners should likely consult with their admin team around whether a report needs to be made.
In case a student / minor discloses details that might constitute a mandated report or if the screener suspects a child with whom you have had contact is being abused, or that a person has abused a child, they will likely need to tell either the Department of Human Services or the appropriate local law enforcement agency (city or state police, sheriff or county juvenile department).
After consulting with admin team if it is determined that a report needs to be made FIRST consider when you will inform the relevant parties (i.e. parent, the student).
Limits of Confidentiality
Students should be assured of privacy and confidentiality while receiving screening as defined by rule and law, including the following exceptions:
1) Reporting suspected child abuse
2) Reporting imminent danger (in this case medium or high risk of suicide)
3) Who has access to their screening data. See information on Data Collection and Storage.
When Screening is conducted online (i.e. Zoom platform):
The screener must be sure to detail this in potential risks in the informed consent process.
I.e. Understanding that the screening will be done online meaning the screener explains to the student how the video conferencing technology that will be used to affect the screening and that will not be the same as a direct or in-person screening due to the fact that they will not be in the same room as the screener.
Video conferencing technology has potential benefits including easier access to care and the convenience of meeting from a location. There are potential risks to this technology, including interruptions, unauthorized access, and technical difficulties. The screener or student can discontinue the Video conferencing screening if it is felt that the videoconferencing connections are not adequate for the situation.
To maintain confidentiality, the student should understand they will not share the video conferencing link with anyone unauthorized to attend the screening.
By signing an Informed Consent form, I/ student certify:
That I have read or had this form read and/or had this form explained to me.
That I fully understand its contents including the risks and benefits of the screening procedure(s).
That I have been given ample opportunity to ask questions and that any questions have been answered to my satisfaction.
