Is a teacher still a mandated reporter when a student turns 18?

Question

This summer, I've developed an eating disorder. My parents are unaware of it. I turn 18 soon after school starts. If teachers/counselors start to become concerned, can they still talk to my parents about it once I turn 18? Or do the "mandated reporter" rules remain in effect for any student who is still in HS?

What if I told a teacher I wanted to commit suicide and I was 18? Could they legally do anything about it?

(and please don't tell me it's really bad to have an eating disorder, don't tell me not to kill myself, don't tell me you're here to talk, don't tell me to talk to a doctor (i have a therapist who knows and a psychiatrist), please just answer my question!)

Answer 1

What if I told a teacher I wanted to commit suicide and I was 18? Could they legally do anything about it?

legally they must report it.

Answer 2

Yes, they can. They can have you taken into a protective hosptial against your will. It's called the Baker Act.

Answer 3

Technically I don't believe so unless your parents retain power of attorney over you, which would only be the case if you had some disability that prevented you from making your own decisions. But this is just in a legal sense, I don't think the teacher could be held in criminal court for not telling people because of your age, but they could be tried in civil court (which is an open market), and they could face problems at their job for breaking school policies. The other thing to realize is that teachers are not under confidentiality agreements like a doctor, lawyer or therapist. You cannot tell them something and then expect that they won't repeat it under threat that you'll sue them if they do.

So as an 18 year old, it really becomes open to the teacher and school whether they report things or not, and legal options on either side are much more limited.

Answer 4

A Counselor who knows about your suicide plan would be required to have you Baker Acted. In my district, that means that we call the school police officer. He/she comes and talks to the student regarding their plans. If the officer agrees that the student is a threat to themselves, they are taken to a hospital. The Baker Act has absolutely NOTHING to do with your age. You can be Baker Acted at age 99 if you are in danger of hurting yourself.

As for your eating disorder, mandatory reporting relates to child abuse. A teacher/counselor would be required to call the child welfare agency in your state if they believed you were being abused or neglected. Usually, that law is for students under 18. However, each state has their own so it may be different in your state. A student with an eating disorder would not be something to report to child welfare.

If your concern is that they tell your parents, then that is a different story. Teachers have no confidentiality requirements in their ethical codes. If they suspect you are in danger, most likely they will speak to your parents about it. I can only speak for myself, but if you were in my class and I had a concern I would call your parents no matter what your age is. A counselor is a bit different because we are supposed to keep things that students (even under 18) tell us confidential. HOWEVER, the confidentiality agreement is usually thrown right out the window when someone is in danger. If your counselor feels that you are a danger to yourself through your eating disorder, then they should report it to the authorities. Techinically, you can be Baker Acted for an eating disorder if you refuse to get help.In a sense, your eating disorder is like a suicide plan since you are slowly killing yourself by not eating healthy. Another thing, the school board policy or state laws in your area may require the Counselor to report the eating disorder to your parents. Most likely not because of your age, but it is always possible.

I am glad that you are seeing a therapist. Please, do not stop. My suggestion to you, if someone speaks to you about their concerns, is to let them know that you are seeing a professional who is aware of the problem. This may alleviate their worries about you.

As for notifying your parents, I urge you to talk to them. Yes, they will be upset with you - possibly angry- but you have to remember that they are your parents. I think that you might need the support of the two people who love you more than anyone else in the world to help you through it. Perhaps your therapist or psychiatrist would be willing to help you tell them.

Good luck to you and I hope that you live a healthy, happy, and long life. Just remember that no matter how bad life seems to suck, there are people who care about you that will help you through it. Don't give up on yourself before you have even had a chance to see what life has to offer!

Answer 5

"Mandated reporter" rules have nothing to do with talking to your parents.  It's about calling protective services when child abuse or neglect is suspected.

Answer 6

Yes.