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Lee Ann Lowder Deputy General Counsel phone: 3-5955 fax: 3-1769 CPS School Counselor Training August 1, 2012.

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Presentation on theme: "Lee Ann Lowder Deputy General Counsel phone: 3-5955 fax: 3-1769 CPS School Counselor Training August 1, 2012."— Presentation transcript:

1 Lee Ann Lowder Deputy General Counsel phone: 3-5955 fax: 3-1769 CPS School Counselor Training August 1, 2012

2 What should you take away? Violentization process – Domestic Violence – Violent Coaching New Anti-Bullying Policy – Dating Violence – Protocol for Suicidal Ideation Legal Liability – Reporting – Records

3 Violentization Process Witnessing the abuse of a family member is the first of four stages in the socialization process that leads to the creation of a violent criminal – – brutalization – belligerency – violent performance – virulency Athens, L., The Creation of Dangerous Violent Criminals (Univ. Ill. Press 1992)

4 School Intervention You can decrease violence by 1.interrupting the violentization process of students. 2.teaching and reinforcing that violence is not the way to solve problems.

5 Prevalence: Domestic Violence According to the 2005 Census Estimate, 33 million or 15% of all U.S. adults admit they were DV victims One-third of female murder victims were killed by intimate partners

6 How does DV affect students? Frequent absences and suspensions Twice as likely to visit school nurse for social/emotional reasons, and 1.6 times as likely to be sent home Seven times more likely to be referred to speech pathologist

7 DV Effects on Older Boys In a 36-month study of children ages 11-17, who lived with DV, every son over the age of 14 had attempted to protect his mother from attack. Some 62 percent were injured in the process.

8 DV Effects on Kindergarten Boys Kindergarten boys whose mothers reported depression and DV scored 7% to 10% lower on standardized tests in mathematics, reading, and general knowledge. – DV exposure is similar to the effect of lead intoxication and low birth weight.

9 Effects of DV on Women and Girls Domestic violence is the leading cause of injury to American women between ages 15 and 44 – resulting in more injuries than car accidents, muggings, and rapes combined.

10 DV Effects on Daughters In families where the mother is assaulted by the father, the risk that daughters will be sexually abused is 6.5 times greater than for girls in non-abusive families.

11 CPS DV Policy Providing Safety Plan handout to parent/victim Documenting Orders of Protection Obligation to assess risk of abuse/ neglect to students from DV

12 Offer Assistance to Parent/Victim Parent should be referred to school psychologist, counselor, social worker, nurse or other trained staff. Offer parent a private space to call DV Helpline, 1-877-TO-END-DV 1-877-863-6338.

13 Parent Support, contd Offer parent/ victim DV Safety Plan handout in her/his primary language Attachments to the policy include versions in: English Spanish Polish Arabic Bosnian Korean Mandarin Russian

14 Chicago DV Safety Plan Mandarin

15 QUIZ What is the leading cause of injury to American women ages 15 and 44?

16 Violentization Violent Coaching – Its your responsibility to stand up to bullies. If you dont fight them, Ill hurt you worse when you get home. Reaction to Violent Performance – That boy is crazy! Hell surely end up in jail.

17 Incarceration Rates One in five African- American men in Cook County is in prison, in jail or on probation. For every African- American enrolled in college in Illinois, 2 ½ are in prison or on parole.

18 What becomes of bullies? What percent of boys who were bullies in middle school had at least one conviction by age 24? How many had three or more convictions?

19 Bullying is a path to jail 60% have one conviction 40% have three or more convictions Bullies are four times more likely than peers to have multiple convictions.

20 CPS students bullied in past 12 months (2011) Total: 12.8% – Male: 12.2% – Female: 13.5% – African-American: 11.2% – Hispanic: 14.7%

21 Student Code of Conduct – New Anti-Bullying provisions: page 23 – Protected classes (among others) Physical or mental disability Sexual orientation Gender-related identity or expression Race, Color Religion Sex

22 Definition of Bullying Severe or pervasive Physical or verbal Written or electronic

23 Definition of Bullying, continued Reasonably predicted to – Place student in reasonable fear of harm to self or property – Substantially harm a students physical or mental health – Substantially interfere with students schooling or ability to participate in school activities

24 Peer Conflict – Disagreements and oppositional interactions – Situational, immediate and developmentally inappropriate

25 Addressing Peer Conflict before it becomes Bullying – Opportunities for staff To guide students in – Developing skills in social competency – Learning appropriate personal boundaries – Peaceably resolving conflict To model appropriate interactions

26 All Staff Obligations Security officers Lunchroom staff Bus drivers School counselors Teachers Janitors Intervene immediately to ensure everyones safety Report the incident to principal ASAP – not > 24 hours Cooperate in investigation & implementing safety plan

27 Responsibility to students bullied based on perceived sexual orientation CPS prohibits discrimination based on sexual orientation, gender identity and expression by other students and by staff – Teachers Aide who told students gays were going to hell – AP who told gay student: If you didnt act like a faggot, you wouldnt get hurt.

28 Safety of LGBTQ Students 84% reported verbal harassment 18% reported frequently hearing homophobic remarks Only 15% reported that school staff intervened when they overheard these remarks

29 Homophobic Teasing of Students A 1999 Seattle study found 80% of students subjected to anti-gay bullying identified as heterosexual – Great majority of students bullied as gay arent LGBTQ

30 Nabozny v. Podlesny, 7 th Cir. (1996) Gay student – daily verbal harassment – mock rape – internal injuries from repeated kicking – >1 suicide attempt Principal – Boys will be boys. – Act gay, expect abuse.

31 Principal & AP held individually liable School officials violated Equal Protection by treating Nabozny differently than female students who were victims of dating violence

32 CPS Employee Discipline Code – 5-9: Any cruel, immoral conduct or communication that causes psychological or physical harm to a student Discipline: Discharge – 4-2: Negligent supervision resulting in psychological or physical injury to student Disciplinary Options: 1-30 day suspension, Discharge

33 Dating Violence: another form of bullying Pattern of actual or threatened acts of physical/sexual/emotional abuse Perpetrated by adolescent against current or former dating partner To gain power and control

34 Youth Behavior Risk Survey 2011 Students reporting they were intentionally hit, slapped, or physically hurt by boy/girlfriend in past 12 months Chicago: 16.3% U.S. 9.4%

35 Victims of Dating Violence Increased risks – Substance Abuse – Eating Disorders – Risky Sexual Behavior – Pregnancy – Suicide

36 Students coerced into sexual intercourse 2011 CPS Total: 9.3% Male: 7.5% Female: 10.9% Percent by grade: 9th: 7.9 10th: 8.6 11th: 10.512th: 10.6

37 Risk of Pregnancy 55% of adolescent mothers reported DV in past 12 months – Highest among girls 11-15 51% reported birth control sabotage 53% of new, adolescent HIV cases are among females

38 Risk of Homicide and Suicide Teens ages 15 to 19 – Second leading cause of death is homicide 22% of female victims killed by intimate partners – Third leading cause of death is suicide

39 Morgan Park High School In December 2010, Jade Hannah, age 17, her mother & her sixth grade sister were stabbed to death by Jades 18-year-old boyfriend

40 Hirsch Metropolitan High School December 2009 19-year-old Hirsch graduate stabbed his two-month-old son in the neck and repeatedly stabbed and killed his girlfriend, Tanisha Edwards, age 18. School staff noticed Tanisha often came to school bruised and injured.

41 Does Dating Violence happen at school? 42% of boys and 43% of girls who reported dating violence said it happened at school or on school grounds.

42 Do students report violence to authority figures? Severe abuse, to family, teacher, social worker or police – Girls: 6% – Boys: 11% Dating Violence – 30% told no one

43 CPS DV Policy, contd Perpetrator – Follow investigation and incident reporting requirements in SCC. – When appropriate, conduct a Functional Assessment and create a Behavior Intervention Plan. – If victims education is being disrupted, consider transferring the perpetrator per Enrollment and Transfer Policy.

44 Victim If student is injured or in imminent danger of serious physical harm: – Discuss student concerns re parental notification – Notify parents CPS DV Policy, contd

45 Concerns about Disclosure Fear friends will tell abuser/side with abuser Fear loss of respect of peers & adults/ shame of acknowledging they are different LGBTQ students fear being outed Fear of losing partner Fear of parental notification

46 Policy, contd Offer Support Services to Victim – Provide Domestic Violence Helpline number -- 1-877-863-6338 – Encourage student to tell parents CPS DV Policy, contd

47 Student Supportive Services: CPS Providers Offer counseling to any student with a disability whose parent consents Offer counseling to any non-disabled student without regard to parental consent

48 Are CPS providers limited to five 45 min. sessions without parents consent? No, that provision of MHDDA doesnt apply to schools, but to mental health facilities (those operated to treat people with mental illness).

49 QUIZ Michael and Melissa having been dating off and on for more than a year. You witness Michael yanking Melissa by the hair and saying, Shut up bitch in the hallway. What do you do?

50 CPS HS students attempting suicide in past 12 months (2011) Total: 15.8% – 15.3% males – 16% females – 16.5% African Americans – 15.4% Hispanics 17.8% of 11 th graders

51 In a class of 30 HS students 9 will be thinking about suicide 4 will attempt suicide in a school year – 2 will require medical treatment For every 3 students who attempt suicide, 2 get up and go to school the next day

52 CPS Suicide Data

53 Myths re Youth Suicide 1. Talking re suicide will encourage suicide. 2. Students who talk about suicide are seeking attention 3. People who attempt suicide usually receive Tx 4. Most young people who die by suicide leave notes 5. Parents/caregivers know about their childs suicidal behavior. 6. Once someone decides to commit suicide, little or nothing that can be done to prevent it.

54 Psychopathology 90% of youth who die by suicide experienced at least one mental disorder at the time of their death: Mood Disorders; Substance Related Disorders; and Disruptive Behavior Disorders. (Miller & Ekhart, 2009)

55 Major Depressive Disorder Not all depressed youth are suicidal and not all suicidal youth are depressed. However, approximately 42%- 66% of youth who die by suicide appear to have been experiencing some type of depressive disorder. (Miller & Ekhart, 2009)

56 Substance Abuse Alcohol/drugs and suicide are often closely related. Alcohol and other forms of substance abuse impair judgment. Alcohol is a factor in at least ¼ of youth suicides. (Miller & Ekhart, 2009)

57 Gender Variance

58 African-American Males Group with most significant increases in suicidal completion 1960-2000 ages 15-19: 234% increase

59 LGBTQ LGBTQ Youth Higher rates of suicidal ideation and attempt than heterosexual youth. 20-40% more likely to attempt suicide than heterosexual youth. Data limitations make it difficult to draw conclusions about suicide completion.

60 Homeless & LGBTQ 11-35% of all homeless youth are LBGTQ 62% reported attempting suicide. All homeless youth have elevated rates of mental illness, violence, sexual exploitation and substance abuse.

61 Victims of Violence 33% of sexually abused children show suicidal behavior at ages 16-18. Adult women who report physical or emotional abuse as children are more likely to attempt suicide. Being a victim or witness of violence (shootings, stabbings, assault, etc.) associated with suicidal ideation and attempts. Victims of violence in dating relationships have an increased rate of suicide attempts.

62 When? For 1 in 3 youth who committed suicide, a crisis (break-up, argument) occurred the same day as the suicide.

63 When? Most often: March-September Mondays Least often December Before & during holidays\ Weekends

64 Risk factors Presence of psychopathology Previous suicide attempts Hopelessness Family history of suicide or psychiatric illness Social isolation Access to lethal weapons Bullying Presence of firearms at home Sexual and Physical Abuse Substance Abuse Poor problem-solving and coping skills Low self-esteem (Miller & Ekhart, 2009)

65 Warning Signs Rage, anger, seeking revenge Acting recklessly/ engaging in risky activities Feeling trapped, as if theres no way out Increasing alcohol or drug use Withdrawing from friends, family, or society Anxiety and/or agitation Insomnia or sleeping excessively Dramatic mood change Hopelessness

66 Protective Factors School connectedness Good relationships with peers Access to mental health services Parent-family connectedness Lack of access to lethal weapons Likely to seek adult help Cultural or religious beliefs Problem-solving and coping skills

67 SUICIDAL IDEATION PROTOCOL TAKE ALL THREATS SERIOUSLY. DO NOT LEAVE THE STUDENT ALONE. Escort the student to the administrators office and/or counseling office. Place child under watch of an adult who will maintain CONSTANT supervision. TAKE ALL THREATS SERIOUSLY. DO NOT LEAVE THE STUDENT ALONE. Escort the student to the administrators office and/or counseling office. Place child under watch of an adult who will maintain CONSTANT supervision. Step 1 Step 2 Suicidal Ideation Protocol

68 DO NOT : Judge, lecture, get angry Ignore or minimize Promise secrecy Leave the suicidal person alone Step 3: ASSESSMENT SUICIDAL IDEATION:

69 Connect with the student by demonstrating empathy, care, support and trust. Use effective listening skills. Respect developmental, cultural, and sexuality issues while gathering information. Be direct in questioning. ASSESSMENT SUICIDAL IDEATION

70 ASSESSMENT A. Identify Risk Factors & Warning Signs B. Identify Protective Factors

71 ASSESSMENT C. Suicide Inquiry Ideation Plan Behaviors Intent

72 Ideation How often do you think about suicide? How long have these thoughts been going on? Describe the suicidal thoughts from the last 48 hours. The past month? The worst ever?

73 Plan Do you know when and where you would do it? Do you know how you would do it? Do you have the means to do it? Have you done any preparation?

74 Behaviors Have you ever attempted suicide? Have you ever aborted an attempt? Have you practiced or rehearsed?

75 Intent Assess extent to which they intend to carry out the plan. Assess whether they believe the plan is lethal (vs. self-injurious).

76 ASSESSMENT Risk LevelRisk/Protective FactorsSuicidality HighPsychiatric diagnoses with severe symptoms, or acute precipitating event; protective factors are not relevant Potential lethal suicide attempt or persistent ideation with strong intent ModerateMultiple risk factors, few protective factors Suicidal ideation with plan, but no intent or behavior LowModifiable risk factors, strong protective factors Thoughts of death, no plan, intent or behavior Suicidal Ideation

77 Based on your assessment is the student a danger to him/herself or others? ASSESSMENT YES NO SUICIDAL IDEATION:

78 Risk Assessment: No Contact the parent/guardian to make them aware of the ideation. Determine who will follow up with student and monitor his/her behavior throughout the school day. Make appropriate referrals, if necessary.

79 Risk Assessment: Yes Suicidal Ideation Response Tree

80 Grant v. Board of Trustees of Valley View School Dist., IL Appellate Court (1997) Students told School Counselor that HS senior made suicide threats and wrote suicide notes School Counselor spoke with student, advised mother to take student to hospital for drug OD treatment – Did not advise mother of suicide threats Student jumped off overpass to his death

81 Grant, contd Mother sued District and School Counselor for failing to – Call ambulance – Inform her of suicide threats – Implement a Suicide Prevention program

82 Public Employee Immunity Public employees and entities arent liable for – Injuries caused by failure to make adequate mental examination to determine if person is danger to self or others – Injuries resulting from diagnosing or failing to diagnose mental illness or addiction

83 Public Employee Liability School employees are liable if – Conduct is intentional or done with conscious disregard or indifference to students safety – They knew or should have known that their conduct posed a high probability of serious physical harm to the student

84 Grant Majority, contd Failure to call ambulance – School counselors conduct was not intentional or indifferent because she advised mother to take student to hospital

85 School Counselors failure to advise mother of suicide threats – Court found her conduct may have been negligent, but was not intentional or indifferent Grant Majority, contd

86 Grant Dissent – Dissenting Judge thought the School Counselor acted with deliberate indifference to the threat and should be held liable. – She had knowledge of an impending danger (suicide threats) but failed to exercise ordinary care to prevent it.

87 Grant Court Directive The suicide death of a teenager is tragic. School counselors and other school personnel should take every suicide threat seriously and take every precaution to protect the child.

88 Mental Health & Developmental Disabilities Confidentiality Act §11. Records and communications may be disclosed: – (ii) when, and to the extent, a therapist, in his or her sole discretion, determines that disclosure is necessary to * * * protect the recipient or other person against a clear, imminent risk of serious physical or mental injury or disease or death being inflicted upon the recipient or by the recipient on himself or another[.] The good faith of a therapist who discloses information shall be presumed.

89 MHDDCA Therapist means a psychiatrist, physician, psychologist, social worker, or nurse providing mental health or developmental disabilities services or any other person not prohibited by law from providing such services or from holding himself out as a therapist if the recipient reasonably believes that such person is permitted to do so.

90 Confidentiality Illinois School Code No school student records or information contained therein may be disclosed or released except to a school employee or official with current demonstrable educational or administrative interest in the student, in furtherance of such interest.

91 Disclosure of mental health records to Parent/Guardian Students under 12: parent/guardian Students 12-17: If student is informed and does not object If counselor does not find compelling reason to deny access

92 Required Disclosures to Parents Current physical and mental condition Diagnosis Treatment Needs Services Provided Services Needed, including medication, if any

93 Albers v. Green (IL App. 2004) Seventh grader told School Social Worker he had been shoved and kicked and would rather be dead than go to school. SSW promised mother she would not disclose the names of the bullies. SSW gave the bullies names to the principal, who disciplined them.

94 Albers (contd) Parents removed student from school Sued principal, SW, Dist. for violating MHDDCA

95 Albers (contd) Court found SSW acted in good faith in disclosing the information because she thought the student was at risk of harm from shoving and kicking, and also because of his suicide threat.

96 Thanks for your attention! Questions?

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