Law / United States / 
Guam
Mental Health Screening, Child Protection and Informed Consent Act: written parental consent before mental health or psychological screening of students
In force.
A sensitive categories rule binding government bodies.
- Obligation class
- Consent
- Audit expectation
- none
What it requires
- If you are the Guam Department of Education, do not allow schools to be used for any mental health or psychological screening or testing of a student without the express written consent of the parent or guardian (17 GCA 6701(a)).
- Give the parent a clear and legible consent form, in the parent's primary language and complying with any local or federal regulation, not less than forty-five days before the screening, and have it signed by the parent or legally appointed guardian of each minor (17 GCA 6701(b) and (c)).
- Before consent is given, provide a manual and other published information that fully describes the screening's nature and purpose, its development, scientific validity and reliability with journal citations, a guarantee that it is not based on a mental disorder in the Diagnostic and Statistical Manual of Mental Disorders, the intended use of the results, and the right to rescind consent at any time (17 GCA 6702).
- Use the consent form 17 GCA 6702 sets out, which asks the parent whether the information obtained from the screening may become part of the child's school or other record or be transmitted to any agency outside the school (17 GCA 6702).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Sections 6701 to 6703 set a written-consent requirement, a consent form and a disclosure manual for mental health screening of students, and name no log, record-keeping, retention or audit duty.
- Kind
- None
- As of
What this law does
The Guam Department of Education must prohibit the use of schools for any mental health or psychological screening or testing of a student, whether an emancipated or a non-emancipated minor, without the express written consent of the parent or guardian.
The consent form must be clear and legible, comply with any local or federal regulation, be in the parent's primary language and be given not less than forty-five days before the screening, and it must be signed by the parent or legally appointed guardian of each minor.
Before consent is given, the educational facility must provide a manual and other published information that fully describes the screening's nature and purpose, its development, scientific validity and reliability, a guarantee that it is not based on a mental disorder in the Diagnostic and Statistical Manual of Mental Disorders, the intended use of the results, and the right to rescind consent at any time.
The consent form the Act sets out lets the parent grant or refuse permission for the information obtained from the screening to become part of the child's school or other record or to be transmitted to any agency outside the school. Surveys conducted under the Individuals with Disabilities Education Act are exempt from the Article, under section 6703 as added by Public Law 32-029 on . The Mental Health Screening, Child Protection and Informed Consent Act was added by Public Law 31-202 on .
When LexLint raises it
When your app profile says your app serves K-12 schools.
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