Module 1.6 – Informed Consent And Family Notification

Unit 1 · Legal And Ethical Considerations Open

Clearing up a contradiction

Some screening materials, including older Oregon guidance, state that informed consent must be obtained before any screening procedure. That is not the model ORS 336.216 establishes for universal screening, and holding both statements at once has confused a lot of schools.

The accurate position:

Universal screeningIndividually targeted screening
FamilyNotice, with the opportunity to declineWritten parental consent required
StudentMay decline on the day, independentlyParticipates by assent
StatuteORS 336.216ORS 336.216(5)

Both are forms of informed participation. Neither is a signed consent form for the universal screen, and a school that builds one will find its participation rate collapses.

What the notice has to do

Sent at least two weeks ahead, by mail to the last known address and by email.

What it covers:

  • What the screening is and what it asks
  • When it is happening
  • Who sees the results, and who does not
  • What happens if a student screens at risk
  • How to opt out, with a deadline and a form
  • Who to contact with questions, by name

What the notice does not do: persuade. The opt-out section is information, not an argument. A family that feels pressured on the notice is a family that distrusts the program when the phone call comes.

Assent is not a formality

A student who does not want to answer questions about their safety, and answers anyway because an adult is standing there, has not told you anything reliable.

That is why the four sentences in Module 4.3 exist, and why the honest one about parent notification is in there rather than left out.

The promise is not confidentiality. The promise is no surprises.

  • Individually targeted screening outside a universal screen
  • Tier 2 group participation, which is an intervention rather than a screen
  • Any assessment conducted by a clinical partner under their own consent requirements

✓ Take Action. Do not use one consent form for all of these. A school that asks families to sign one document covering screening, groups and clinical referral will get fewer signatures and will have consented to less than it thinks.

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Module 1.5 – Reducing Liability

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Module 1.7 – Screening Conducted Virtually