RECORD KEEPING and NOTE TAKING for SCHOOL COUNSELLORS

1. RECORD KEEPING and NOTE TAKING for SCHOOL COUNSELLORS Lorna Martin (204) 945-7964 lormartin@gov.mb.ca

2. KEY QUESTIONS • What do I record? • How much do I record? • Where do I record? • How long do I keep information? • What information can I share? • To whom can I share information? • How do I decide what is confidential and what is shareable?

3. Youth Criminal Justice file THE BIG PICTURE Cumulative file Resource Reports Clinician Reports Counselling Reports IEP BIP ITP Pupil Support file Counsellor’s Caseload Record Clinician’s Case notes Teacher’s Mark book Counsellor’s Case notes Teacher’s Daily Record

4. CASE NOTES – style and format • Write your notes with the expectation that others will read them with a critical eye. • Don’t alter the record after the fact. Strike out the comment and replace it with correction. • Be as specific and precise as possible. • Focus on objective, observable behaviours and statements. • Avoid jargon or diagnostic labels.

5. CASE NOTES – background Include • Client’s name • Date • Referral information (from, to) • Interagency contacts and results • Other contacts and results • Signature of counsellor

6. CASE NOTES – content • Presenting problem or concern • Main points or main issues discussed • Relevant information on interventions • Long-term/short-term goals • Indications of progress • Plans/’homework’ • Actions taken • Appendices (e.g., drawings, letters, tests) THE RECORD SHOULD SHOW THAT REASONABLE, ETHICAL STEPS HAVE BEEN TAKEN

7. SAMPLE CONFIDENTIAL COUNSELLING REFERRAL Date: __________________________ Student Name: ___________________________________ STATUS: CRITICAL Urgent as soon as possible Is the student aware of this referral?  yes  no Referral by:  self  peer name___________________________  teacher name___________________________  administrator name___________________________  parent name___________________________  other name___________________________ AREA OF CONCERN: Academic  school achievement  school leaving  attendance  course change/timetable  study skills  subject area concern  test taking preparation  scholarships  post-secondary requirements Behaviour  classroom  returning from suspension  social skills  mediation Career  making a career/educational choice  CHOICES/Bridges/Career Cruising/inventory session  resume writing  portfolio Personal  stress  friendship  social/emotional  finances/money  health  conflict resolution  self-esteem  home relations  peer pressure  gang  mental health  weight  sexuality  housing Abuse  harassment  bullying  physical  emotional  sexual  verbal  drug/alcohol/substance  self Other: ______________________________________________________________ Additional information:________________________________________________ Notes: see reverse side ________________________________________________________________________________________________________________________________

8. GENERAL GUIDELINES FOR PROFESSIONAL INFORMATION SHARING GREEN LIGHT PERSONAL information CAN be shared under the following circumstances: • With written consent OR • To avert or minimize imminent danger to the health or safety of any person OR • To report a child who might need protection under the Child Welfare Act OR • Where organizations that are subject to FIPPA are involved in a common program or integrated service OR

9. GENERAL GUIDELINES FOR PROFESSIONAL INFORMATION SHARING (cont’d) PERSONAL information CAN be shared under the following circumstances: • By Order of the Court OR • As under the Youth Criminal Justice Act (Canada) to facilitate the rehabilitation of a young person OR • To cooperate with a police and/or child welfare investigation GREEN LIGHT

10. GENERAL GUIDELINES FOR PROFESSIONAL INFORMATION SHARING (cont’d) GREEN LIGHT Generally HEALTH information CAN be shared if the situation meets at least ONE of the following: • With written consent OR • To avert or minimize imminent danger to the health or safety of any person OR • To report a child who might need protection under the Child Welfare Act OR • By Order of the Court OR • To a person who is responsible for providing continuing treatment and care to the individual (need not be a formal health services provider)

11. GENERAL GUIDELINES FOR PROFESSIONAL INFORMATION SHARING (cont’d) YELLOW LIGHT In the following circumstances obtain more information and/or get advice from a supervisor, consultant or lawyer: • Consent is not provided or refused but there may be a health or safety issue for any individual or groups • To report criminal activity to police (pursuant to FIPPA) • Where there is a demand or request to produce information for a legal proceeding • When a professional code of ethics may limit disclosure

12. GENERAL GUIDELINES FOR PROFESSIONAL INFORMATION SHARING (cont’d) RED LIGHT Information can NEVER be shared if there is: • A legislative requirement barring disclosure • No consent and no need to know nor overriding health/safety concerns • Consent but no need to know nor overriding health/safety concerns

13. LEGISLATION • The Public Schools Act (PSA) • The Education Administration Act (EAA) • The Freedom of Information and Protection of Privacy Act (FIPPA) • The Personal Health Information Act (PHIA) • The Youth Criminal Justice Act (CJA)

14. The Acts cover a range of issues relating to such matters as... • The pupil file • Access to pupil files • Refusal of access to pupil files • Types of information that may or must be kept

15. The “Guidelines on the Retention and Disposition of School Division/ District Records” School boards must have a written policy concerning: • retention and destruction of records • security provisions • decision making re: access requests

16. The “Guidelines on the Retention and Disposition of School Division/ District Records” (cont’d) School boards must have a written policy concerning: • process and procedures for culling of files • procedures for confidential destruction of information • file transfer

17. Every school division/district to appoint an “Access and Privacy” officer.

18. PUPIL FILES Definition: A record or collection of records respecting a pupil’s attendance, academic achievement and other related matters in the possession or control of a school board. (PSA 42.2)

19. WHAT SCHOOLS DO • The school is authorized to collect information that relates directly to what schools do. • Schools provide educational programs and services supporting the pupil’s educational progress.

20. INFORMATION COLLECTION • Collect only as much information as is needed for the purpose for which it is collected • When collecting directly from the individual, the person must be informed of the purpose and authority for the collection and the name of a contact person.

21. PUPIL FILES • May be organized and separated into sub-files by component • Three components: • cumulative file component • pupil support file component • youth justice file component

22. CUMULATIVE FILE COMPONENT • Standard or routine information that schools have on allpupils • Behavioural misconduct information including suspensions/expulsions • Child custody, guardianship agreements or orders • Home/school communications

23. CUMULATIVE FILE COMPONENT (cont’d) • Cross-reference listing identifying the location of all information about a pupil that is held by the school division/district • Results of tests administered to most students • Individualized Education Plan and/or Health Care Plan, and/or Behavioural Intervention Plan and/or Individualized Transition Plan

24. CUMULATIVE FILE COMPONENT (cont’d) • Up-to-date notations or referrals to/contacts with external agencies • Admission advisement concerning whether the student has used or is continuing to use social service psychological/psychiatric or counselling resources

25. PUPIL SUPPORT FILE COMPONENT • Exists for some students • Information about a student may be held in more than one location ifa system of cross-referencing in place • Detailed documentation about the provision of resource services from within or outside of the school division/district

26. PUPIL SUPPORT FILE COMPONENT (cont’d) • Ongoing health/psycho-social / counselling information • School clinician reports / correspondence / logs / notes • Results of specialized diagnostic tests • Service provider reports

27. SCHOOL COUNSELLING CASE FILES COMPONENT • Exists for some students • Often cross-references with clinical reports • Ongoing counselling information (file not required for one-time only counselling events) • Indicates referrals and consultations • Includes sufficient information to allow monitoring and evaluation of services and timelines by counsellor • Includes relevant details to support student’s needs

28. CASELOAD RECORDS • Considered equivalent to a teacher’s daily record • Indicates daily activities (e.g., classroom guidance sessions, career cruising, mediation for single event, suspension transitioning) • Shows planned events/sessions for upcoming day/week/month • Does NOT contain confidential information; may contain names of counsellees that ought to be shared only on a ‘need to know’ basis

29. CHILD PROTECTION/SUSPICION OF ABUSE REPORTS • Are NOT retained • At the school • In the support file • In the school counselling case files • In the caseload records because the report is based on an event or suspicion that may be unfounded The report is stored securely and confidentially with the school division office as per division policy.

30. The information comprising the pupil support file and the school counselling case files should be secure

31. All recorded information about a pupil that is either generated or received by school division/district staff is in the custody, or under the control of the school division/district

32. ACCESS AND PRIVACY • Parent, guardian, or pupil • Staff access: • To the extent that the information is necessary to assist in the educational progress or schooling of the pupil

33. REFUSAL TO ACCESS A school board may refuse to provide access to all or part of a pupil file where disclosure could reasonably be expected to: • cause unreasonable invasion of privacy of a third party; • be detrimental to the education of the pupil; • cause serious physical or emotional harm to the pupil or another person; or • be injurious to the enforcement of an enactment or the conduct of an investigation under an enactment (PSA 42.3(2))

34. Application must be made for access to records Access may be denied under certain conditions

35. ACCESS AND PRIVACY • Under the PSA, an employee competent to interpret the information in the file must be made available to assist any parent or pupil who has been granted access to a pupil file

36. DISCUSSION • Distinction between cumulative files, pupil support files, criminal youth justice files, clinical files, counselling files, caseload records and resource teacher plans • Access to files – PSA legislation vs FIPPA legislation • Sharing confidential information – ‘need to know’ for personal programming and safety • Your context

37. FOR FURTHER INFORMATION Contact: Lorna Martin lormartin@gov.mb.ca (204) 945-7964 or 1 800 282-8069, ext. 7964