Tuesday, June 30, 2009

Why is TeenScreen So Controversial?

TeenScreen came onto the scene as something that was state of the art and revoluntionary for screening for mental illnesses in school-aged children. Soon however, the truth was revealed. The Center For Disease Control and Prevention (CDC) in Atlanta, Georgia stated that the suicide rate for children ages 10-19 is rapidly declining. This fact contradicts the claims that TeenScreen can screen and identify a child (or teen) at risk of suicide. In fact, TeenScreen interferes with the workings of the American family. The US government and its TeenScreen program is putting its business where it doesn't belong - In the American family's household.

A computer is used to screen our children for high risk behavior such as suicide. Computers have been known to be wrong. The US government is making grave mistake by entrusting the future well-being of our children to computers. The result of the TeenScreen test will follow your child for the rest of his or her life, affecting future relationships, jobs, opportunities and more. Are you confident enough in this program to allow your child to take it? If you are, how well will he or she do? The honest truth is: There isn't a way to know for sure how the child will fair for the test. But as stated before, the results will follow them well into adulthood.

Monday, June 29, 2009

TeenScreen Loses Court Battle, Teen Victorious

Chelsea Rhoades, was a 15-year-old sophomore at Penn High School in Indiana in 2004, when she was given the TeenScreen "psychological assessment". Chelsea says she was pulled out of class, told to sign a form, and never informed that the TeenScreen "test" was voluntary.

When Chelsea had completed the screening, she was informed that she had "Obsessive Compulsive Disorder and social anxiety disorder, and that she should seek treatment from a specific group.

Her psychiatric disorder diagnosis, after TeenScreen's 10 minute questionaire, and it surprised Chelsea and her family. The "diagnosis" came because of Chelsea's answers on the test stating that she liked to clean and didn't like to "party."

Her psychiatric disorder diagnosis, after TeenScreen's 10 minute questionaire, and it surprised Chelsea and her family. The "diagnosis" came because of Chelsea's answers on the test stating that she liked to clean and didn't like to "party."

"TeenScreen" is a public school program that subjects teenagers to psychological evaluation, labeling, stigmatizing and ultimately mind-altering medications. TeenScreen is marketed as a "voluntary mental health check-up," ostensibly to identify teenagers at risk for suicide in order to channel them into profitable and potentially harmful medication. It is a marketing dream-come-true for the drug industry anxious to increase sales. Though supposedly voluntary, and despite assurances that parental rights would be respected, the psychological evaluation is given to students without meaningful notice and consent. Schools in 43 states have adopted TeenScreen or other, similar mental health screening programs.

Chelsea Rhodes and her parents, Teresa and Michael Allen Rhoades, filed suit against the school explaining that their rights under Indiana (and constitutional) law were violated when the school gave the test without obtaining their consent. The Rhoades family sought damages due to the defendants' not obtaining affirmative consent before testing, and for their diagnosing Chelsea without due care.

Chelsea was never told the screening was "voluntary".TeenScreen says that Chelsea consented because they (teenScreen) printed a form in the November issue of the school's newsletter. TeenScreen uses a ruse known as "passive" consent, whereby the school presumes consent unless parents happen to notice and fill out this form and return it to the school. The school also has the child sign a consent form before the test, stating that the teen screen was voluntary. But NO student in the whole school was shown to have said "no" to the TeenScreen test!
The public school defendants moved for summary judgment, expecting to win. They insisted that "TeenScreen" was optional and confidential, and that there was no compulsion or harm.
The court rejected its motion and held in favor of parental rights in Rhoades v. Penn-Harris-Madison School Corp.

The court was impressed by the absence of any evidence that any students were able to decline taking the test. The court also found it significant that the form signed by the students stated, "If I have any further questions about this project, I may call NAME, NUMBER OF PROJECT COORDINATOR." The name and number of a project coordinator had not been filled in, and apparently no one had read the form closely enough to realize this. "Therefore, it is a further indication that the students simply signed the form because they were told to do so, and did not understand that they had a choice," the court held.

The court expressly rejected the Ninth Circuit's "no-rights-beyond-the-threshold-of-the-school-door" approach taken in Fields v. Palmdale School District. Instead, the court recognized that a Third Circuit decision, which quoted Eagle Forum Education & Legal Defense Fund's amicus brief, declared that Fields' rejection of parental rights is "not of comparable gravity to [the parental rights] protected under existing Supreme Court precedent." (C.N. v. Ridgewood Board of Education, 2005)

This case proceeds to trial if the school does not offer an attractive settlement to the family.

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