Q&A
Addressing concerns about individual sessions and child protection
0:59:23
·
167 sec
Council Member Kristy Marmorato expresses concerns about the safety and privacy of children during individual sessions with clinicians. The discussion covers recording practices, HIPAA compliance, and child protection measures.
- Clarification that clinical sessions are not visually recorded without consent
- Emphasis on HIPAA law and ethical protections for privacy in clinical settings
- Discussion of consent requirements from parents and assent from children
- Addressing concerns about children being alone with adults during sessions
- Explanation of privacy and safety measures in place for school-based mental health services
Kristy Marmorato
0:59:23
And then when you do have individual sessions and you do there is it gets to a point where they do have With a clinician?
0:59:29
The clinician.
0:59:30
Yes.
UNKNOWN
0:59:30
For
Kristy Marmorato
0:59:31
Will it be recorded visually?
UNKNOWN
0:59:32
That depends on obviously, they,
Kristy Marmorato
0:59:32
any clinician is,
Dr. Erica Lynne Smith
0:59:36
any clinician is, both by ethics and by HIPAA law.
0:59:41
Right?
0:59:42
Protections are, insured for privacy.
Linda Lee
0:59:49
If No.
0:59:49
I understand HIPAA.
Kristy Marmorato
0:59:50
I get I understand about
Dr. Erica Lynne Smith
0:59:52
the health care background.
0:59:54
Any recording that is done for, purposes of the model, they receive consent from the parent and assent from the per the child who's participating in the service.
1:00:09
It varies by provider.
1:00:10
I can't speak to every But
Kristy Marmorato
1:00:11
you don't visually record sessions when it's a closed door session or private?
Dr. Erica Lynne Smith
1:00:16
Me, personally?
Kristy Marmorato
1:00:16
In in the school within the school system.
1:00:19
No.
1:00:19
You're acting like I'm, like, you know, like, this isn't, like, a serious question.
Dr. Erica Lynne Smith
1:00:24
No.
1:00:24
It is a serious question.
1:00:25
I just can't speak to every single school.
1:00:27
What I can say is I mean, New York City Public Schools, it we know the state requires that any sessions that take place have to take place in a private space where no one can hear or see what is being discussed.
1:00:44
I don't know of any recording that is taking place, in any sessions.
1:00:50
And if I I'm
Kristy Marmorato
1:00:51
just speaking on the the the protection of children being in a room privately with an adult.
1:00:56
Whether there's consent or not consent, things can still happen.
1:00:58
And that's what I'm just trying to touch on to see if you guys
UNKNOWN
1:01:01
have it.
Dr. Erica Lynne Smith
1:01:01
Schools that we're in, right, the 548, any provider, because we have managers in schools.
1:01:10
If anything like that were to happen, we would know about it.
1:01:13
And we ensure and we follow the state.
1:01:16
That's why we work always.
Jamie Neckles
1:01:17
You know, no one would always know about it.
Dr. Erica Lynne Smith
1:01:19
That's why we work with our partners in the state k.
Kristy Marmorato
1:01:34
That that if there's any kind of private session, I just wanna know what what the, accountability is as far as, like, children young children being in a room and an adult alone, whether there's consent or not from a parent.
1:01:44
I'm just trying to understand
Dr. Erica Lynne Smith
1:01:46
consent with parents from the parent, and there must be assent from the child.
1:01:51
Any any information shared to the exclusion of safety to the child or others because of mandated reporting is private.
1:02:04
Private.
1:02:04
It's protected like any other health information.
1:02:07
Okay.
1:02:07
Alright.
1:02:07
Thank you.
Dr. Beverly Logan
1:02:10
Okay.
