On The Front Lines
TRI Attorneys File Notice of Intent to Sue Indiana School over Mental Health Screening of Teenager Without Parental Consent
MARION, Ind. -- Attorneys for The Rutherford Institute have filed a tort claim notice in Marion, Ind., on behalf of an Indiana family whose 15-year old daughter was subjected to a mental health screening examination at school without her parents' knowledge or explicit consent. Indiana law requires that a notice of tort claim be sent to any governmental agencies, including schools, before a personal injury action can be filed against them."Parents need to understand that there are some immediate steps that can be taken to combat the increasing problem of government encroaching into the privacy of the family," stated John W. Whitehead, president and founder of The Rutherford Institute. "First, it's critical to learn your rights as a parent. Second, contact your local school officials and demand that you be notified immediately if they are planning to conduct mental health screening on your children. Finally, follow the Rhoades' example and fight back against this encroachment on parental rights."
According to the tort claim notice, on Dec. 7, 2004, Michael and Teresa Rhoades' 15-year old daughter, Chelsea, a student at Penn High School in Mishawaka, Ind., was subjected to a mental health examination known as "TeenScreen" by personnel of the Madison Center for Children. At the conclusion of the examination, Chelsea was told by those doing the evaluation that she had at least two mental health problems: obsessive-compulsive disorder and social anxiety disorder. Neither Michael nor Teresa Rhoades gave explicit permission to school officials to conduct the examination on Chelsea or to inform Chelsea of the examiner's conclusions. The Rhoadeses only became aware of the screening when their daughter came home and asked about the definition of obsessive-compulsive disorder and social anxiety disorder. Chelsea explained that she had been diagnosed as such after taking the TeenScreen survey. Institute attorneys have charged that the improper evaluation and diagnosis of Chelsea Rhoades, carried out without her parents' awareness and explicit consent caused harm to Chelsea and constitutes a violation of the Rhoadeses' parental rights. Teen Screen, an adolescent screening program designed by Columbia University, was recommended by President Bush's New Freedom Commission on Mental Health and is reportedly used to identify teenagers who may be at risk for suicide or mental illness. The commission has recommended mental health screening for all school-aged children, including those in preschool. Some states have already moved to implement recommendations by the commission. For example, the Illinois legislature has passed a plan to screen the mental health of all pregnant women and children up to 18 years of age. The plan also includes the use of antidepressant drugs. Under such a plan, both children and adults will be screened for so-called mental illness during their routine physical exams.
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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