ILNews

Trial allowed in school mental-health test case

Michael W. Hoskins
January 1, 2008
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A federal judge in South Bend is allowing a civil suit to proceed to trial in a case involving a once-controversial school mental-health screening where parents weren't informed.

U.S. District Judge James Moody for the Northern District of Indiana issued a 45-page ruling Tuesday in Teresa and Michael Rhoades v. Penn-Harris-Madison School Corporation, et al., No. 3:05-CV-586. The case dates to a St. Joseph County student's suicide in 2003, which spawned the creation of a suicide-prevention pilot program the following year involving a questionnaire known as the TeenScreen examination. It was conducted by a private company at the district's request. The Rhoadeses sued the district in 2005 after their 15-year-old daughter, Chelsea, was asked to provide answers to a series of yes or no questions designed to identify anxiety, depression, substance abuse, or other potential problems. The program has since been discontinued.

In their suit, the Rhoadeses raised state and federal constitutional claims alleging that the school district didn't get parental consent before evaluating their daughter and that it was an unnecessary intrusion on their rights. Judge Moody dismissed a variety of issues in favor of the school corporation, but one issue he determined was trial-worthy was whether the examination was truly required or voluntary. The school had given parents an option to sign an "opt-out" form, but the Rhoadeses argued they never received it.

The judge also determined that the school corporation hadn't shown it did not breach its duty to exercise reasonable care and supervision of its students when allowing the private Madison Center to conduct the surveys and release results to students.

Magistrate Judge Christopher Nuechterlein has been instructed to conduct a pretrial conference as soon as possible and set a trial date.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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