As a police officer I occasionally dealt with someone under a 'Keep the Peace' provision. If a disturbance was being made, or even if it was seriously threatened, the offender could legally be removed to a place where the offense, because of the change in surroundings, could not take place. Because the party was not usually too happy about the apprehension and subsequent transport, they often became a similar problem wherever they were delivered. As the person responsible, the police wagon driver became innovative in finding out-of-the way destinations even though, by doing so, he/she exceeded the mandate and the requirement of the law. Big deal you say. Well, it is when one of those people who were arrested complains and the driver is then under the microscope for possible, although exceedingly technical, unlawful confinement and kidnapping charges. But the officer does it because it's an effective way to accomplish the aim; (which is) to quell the disturbance and allow the 'perp' time to cool off. And it's your duty, as a police officer to maintain the peace.
I heard a woman decrying the tidal wave of ADHD and Bipolar diagnoses here and in the United States and the widespread use of medication to address these problems that we never used to see. The woman was saying it was terrible because there is data that psychiatric medications don't work very well and that we are causing our children severe harm and shouldn't there be another way to deal with problems? She was angry that teachers are 'diagnosing' ADHD or possible mental illness in the children they teach. Doctors in the US are diagnosing Bipolar at record rates and very young children are being given medication for this disease that isn't being diagnosed so commonly in the rest of the world. She was shocked and decided this was wrong because we haven't seen this kind of trend toward diagnosing mental illness in the past.
Imagine you are a US doctor who diagnoses a severe anxiety problem in a child. The doctor knows an effective medication that is needed but also knows this medication will not be covered by the parents' insurer because the insurer won't pay for treatment for that specific diagnosis. Now realize that the parents cannot afford the medication unless it comes under the insurance plan. Imagine however that the insurer will pay for a medication to treat Bipolar disorder, can you see the choice to be made? Record the effective, albeit wrong, diagnosis and get the child onto a treatment path or make the correct diagnosis and let the kid flounder, fail and become so anxious that things build up and manifest as a bull blown mental illness…interestingly, now the insurer will pay for those meds!
Now suppose you are a teacher who observes a child misbehaving, being angry, unable to concentrate and disturbing the other members of the class, impeding their learning. You have divided, but equally compelling duties here, to teach all the children and to deal with behavior problems in those children. Because you're a good teacher you know that most kids don't act out this way and you know that school is very stressful and overwhelming for some. It's interesting to note here that one child psychiatrist described school as a 'killer' and said the only time there is a break in the patient list is in the summer because the kids don't have to deal with school then. You also know that this child should be examined to determine if, in fact he or she can benefit from medical treatment. Another thing you know is that no matter what the school district (because it's in their rules . . look it up) they will not provide extra help (that is money/staff) to effectively teach this child unless there is a diagnosis of mental illness. If no diagnosis is attendant then the child is 'only a behavior problem' and the disciplinary rules will apply. Your choice, as this teacher is to recommend a diagnosis to the parents or watch the kid spiral down getting in more and more trouble until he or she is expelled and becomes the problem of some other school or the police.
When the immediate problem is not yours you get to be critical. When you have a duty, a life-affecting duty, you get creative even when it can get you criticized.
