Page 6 - Professional Advisory: Supporting Students' Mental Health

Human Rights Code19, the Municipal Freedom of Information and Protection of Privacy Act20, the Youth Criminal Justice Act21, and the Occupational Health and Safety Act22. Ontario’s Health Care Consent Act23 says that students can consent
to their own care if they are capable of making decisions, understand the information and are able to appreciate the consequences. With some exceptions, everyone is presumed capable. Under the Personal Health Information Protection Act24, “capable” youth can also decide if information about them can be shared. If a student is deemed incapable, the law requires a substitute decision maker be appointed, typically a parent25, guardian or the Children’s Aid Society. Teachers should consult administrators if they are unsure of their legal obligations. OCTs in leadership positions
are wise to consult with their employers’ legal advisors when legal issues arise.
Diagnosed mental health illness may also amount to an exceptionality where they affect behaviour, communication or intellectual ability. As such, board Identification, Placement, and Review Committees and school Individual Education Plans for students may come
into play.
OCTs are reminded of their duty of confidenti- ality and to be careful in sharing information of a sensitive nature about students. Students need to be able to trust that teachers and adminis- trators have their best interests at heart.
19 R.S.O. 1990, c. H.19; ontario.ca/laws/statute/90h19
20 R.S.O. 1990, c. M.56; ontario.ca/laws/statute/90m56
Characteristics of some mental health conditions
The impact of mental illness on student learning, emotional health, behaviours and relationships manifests in ways beyond struggling to meet learning expectations. Students may abuse substances. They may drop out of school. They may struggle to make and keep friends or to develop appropriate relationships with adults.
Children and youth, however, often demonstrate different moods, thoughts and behaviours as part of normal childhood development. OCTs should pay particular attention to intense behav- iours that persist over long periods, are inappro- priate for the student’s age, or that appear to interfere with their lives. Excessive or unusual moods might indicate a mental health issue that requires consultation and intervention.
“One might think about children’s mental
health as on a continuum ranging from develop- mentally normal, through problems that may be addressed in the everyday life of the classroom and the school, to problems that require expert assessment and intensive clinical interventions.”26
Signs for possible concern may include:
• significant drops in school marks
• changes to sleeping or eating habits • avoiding friends and family
• frequent, angry outbursts
21 S.C. 2002, c. 1; laws-lois.justice.gc.ca/eng/acts/Y-1.5/page-1.html
22 R.S.O. 1990, c. O.1; ontario.ca/laws/statute/90o01
23 S.O. 1996, c. 2, Sched. A; ontario.ca/laws/statute/96h02
24 S.O. 2004, c. 3, ontario.ca/laws/statute/04p03
25 In this advisory, ‘parent’ means the student’s parent, legally appointed guardian, or any person in a custodial role such as adoptive parent, step-parent, or foster parent.
26 “The ABCs of Mental Health”; sickkidscmh.ca/ABC/Teacher-Resource/Mental-Health-for-All-Children-and- Youth.aspx
4 PROFESSIONAL ADVISORY: SUPPORTING STUDENTS‘ MENTAL HEALTH