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BC ASSOCIATION
OF
CLINICAL COUNSELLORS
Code of Ethical Conduct,
Standards of Clinical Practice
and
Guidelines
for
Registered Clinical Counsellors
Compiled December 2008
Amended May 2009
Printable Version (PDF)
It is recommended that all counsellors have a copy of Balancing Conflicting Interests: A Counsellor's Guide to the Legal Process by Maureen McEvoy and Gayla Reid. This may be obtained from the Justice Institute of B.C., Social Service & Community Safety Division, 715 McBride Boulevard, New Westminster, B.C. V3L 5T4, Telephone: (604) 528-5608, Fax: (604) 528-5640, Website: www.jibc.bc.ca
CODE OF ETHICAL CONDUCT
Introduction
The BC Association of Clinical Counsellors (BCACC) is dedicated to providing the highest standards of professional counselling, consulting, assessment, testing and training services. The Code of Ethical Conduct and Practice Standards (Code) provides guidelines and standards for Registered Clinical Counsellors (RCCs) to pursue excellence in their professional practice in serving the health and well-being of others.
The Code provides a moral framework (ethical principles) and a model for analyzing and making decisions when ethical dilemmas arise. Every ethical dilemma cannot be anticipated or regulated and more than one alternative decision may be considered ethical. Therefore, RCCs need to enhance their professional judgment through adherence to these guidelines, and the use of an ethical decision making process, including consulting with knowledgeable resources, such as the BCACC, trusted colleagues, the literature, or other reliable sources. These guidelines and standards do not take the place of legal advice that must be obtained from a lawyer. It is also important to consider personal values and whether they may in any way unfairly bias one's perceptions and decision making.
In addition, the Code of Ethical Conduct and Practice Standards provides enforceable rules and behavioural or practice standards with which RCCs must comply, and for which sanctions may be applied for non-compliance. These standards address the application of ethical principles to specific areas of practice.
The documents guiding the professional practice of RCCs have different levels of authority. In addition to the Code of Ethical Conduct and Practice Standards as developed by BCACC, counsellors must comply with various provincial and federal statutes and regulations.
Some laws bind all citizens, such as, the Federal Criminal Code, Federal and Provincial taxation laws, provincial motor vehicle legislation and reporting of child neglect and abuse. Provincial governments enact professional legislation to regulate the practice of specific professions when they are convinced that such legislation is required to protect the public from harm. BCACC continues to seek such legislation. Other statutory and case laws that affect the practice of counsellors are listed below.
Depending on the nature of the complaint, there may be three levels at which RCCs may have complaints made against them, namely, (a) charges of violating Federal criminal law, (b) charges of injury suffered at the hands of the RCC under malpractice or tort (civil) law, or (c) a violation of BCACC ethics and standards subject to disciplinary procedures as defined by the profession and consistent with the law.
The law and professional standards usually complement each other. However, the law is generally considered to take precedence over professionally defined standards should they be in conflict, and it is usually considered a personal choice and risk should one choose to disobey the law on grounds of conscience. BCACC encourages its members to consult as widely as the situation demands, and to consider all of the implications of any such decisions.
The Code of Ethical Conduct and Practice Standards, including ethical principles, as developed by the profession, is the morally highest and most aspirational regulatory document, and may require a higher standard of behaviour than required by the law. In a code of conduct some aspects of ethical principles are translated into behavioural definitions that constitute enforceable rules for professional conduct. Practice standards are incorporated along with the BCACC Code of Ethical Conduct, although in some professions they are incorporated in regulations that are attached to the professional legislation. Practice guidelines, position statements, special guidelines, etc, support counsellors in providing competent and ethical practice in specific areas of practice, and while they may help to define competency they are not binding or enforceable by themselves.
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Using the Code of Ethical Conduct and Practice Standards
General Expectations
As members of the BCACC, RCCs commit that they will:
- Adhere to the Code of Ethical Conduct, Practice Standards and appropriate application of the Guidelines.
- Assess the ethical aspects of their practices on an on-going basis.
- Discuss ethical issues with supervisors and colleagues.
- Bring new ethical issues and questions to the attention of the BCACC.
- Address perceived unethical behaviour of colleagues in an appropriate manner, which, where appropriate, emphasizes remedial clarification and education. In addressing such behaviour RCCs will consider their own motivations and avoid making malicious or vexatious complaints.
- Accept and consider feedback with respect to their own actions and perceived unethical behaviour, and take positive steps to resolve the situation.
- Cooperate with duly constituted committees of the BCACC that are concerned with ethics or ethical conduct.
Use of an Ethical Decision Making Process
In navigating difficult ethical issues, going through a careful process such as the one contained in the Guideline for Ethical Decision Making is normally appropriate.
Explanation of Principles
The Code of Ethical Conduct is based upon four fundamental ethical principles.
- Principle I: Respect for the Dignity of All Persons and Peoples
- Principle II: Responsible Caring
- Principle III: Integrity in Relationships
- Principle IV: Responsibility to Society
These principles are intended to reflect a general, commonly understood and universal moral framework. They are aspirational in nature, and the behavioural applications of these principles may vary somewhat in the context of different cultural beliefs and expectations. However, one does not accept allegedly cultural practices that cause harm to persons and peoples.
When Principles Conflict
The four fundamental principles should each be taken into account in good ethical decision making. However, occasions will arise where the principles conflict. A mandated order of importance is impossible given the complex nature of many ethical issues. However, as a general guide:
Principle I: Respect for the Dignity of All Persons and Peoples should be given the highest weight, unless there is a clear and imminent danger to the physical safety of any person.
Principle II: Responsible Caring generally has the second highest weight, and should be carried out in ways that respect the dignity of persons and peoples.
Principle III: Integrity in Relationships will be of third priority if it clearly conflicts with the first two principles.
Principle IV: Responsibility to Society should, if it conflicts with the other principles, generally be given the lowest priority. Placing Responsibility to Society as less important in priority than the respect for the individual and individual rights reflects a Euro-North American entrenched value that is not universally held by all societies. Normally communities and societies in British Columbia will hold similar values to Principles I to III, and consequently, ways may be respectfully negotiated that do not place the collective good of the society in conflict with respect and caring for individuals. In respecting a diversity of cultural beliefs, it is important not to endorse practices that clearly harm individuals in those cultures, or that violate Canadian laws.
Principles
Principle 1
Respect for the Dignity of all Persons and Peoples
Respect for the dignity of persons provides a foundation for many other ethical principles. It is intended to recognize the inherent worth of all human beings. This includes respect for peoples, since all human beings belong to unique societies, which create human interdependence, contribute to identity, and establish the connection of all human beings to all other human beings, including past and future generations. It is recognized that a relationship of respect and caring for the natural environment is also essential for the well being and survival of humans individually and collectively.
To practice the principle of Respect for All Persons and Peoples, RCCs will:
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Generally
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1) Demonstrate respect for the unique worth and inherent dignity of all human beings.
2) Use language in all communications that conveys respect for persons and peoples.
3) Avoid derogatory comments about individuals or groups, including demeaning jokes based on characteristics such as ethnic and cultural background, gender, class, age, sex, sexual orientation, nationality, colour, race, religion, marital status, physical or mental abilities, socioeconomic status, or any other preference or personal characteristic, condition or status.
4) Abstain from all forms of harassment.
5) Refuse to participate in practices disrespectful of the rights of other persons and peoples.
6) Refuse to advise, train or supply information to anyone who, in the RCC’s judgment, will use the knowledge or skills to infringe on human rights.
7) Make every reasonable effort to ensure that therapeutic and psychological knowledge is not used, intentionally or unintentionally, to infringe on human rights.
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Respect for Clients
Informed Consent
Privacy
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8) Assume primary responsibility to the client, as the direct recipient of the RCC’s professional activities.
9) When rendering a formal professional opinion about a person that has implications for that person’s legal or civil rights, do so only on the basis of direct and substantial professional contact or a formal assessment of that person.
10) Base formal professional opinions on a professional knowledge base, and document any limitations regarding the confidence they have in their results and opinion.
11) Obtain free and informed consent for all services.
12) Inform clients of their rights as consumers of the RCC’s services, including procedures for resolving differences and filing complaints.
13) If urgency requires action without obtaining informed consent, obtain that consent at the earliest reasonable time thereafter.
14) Respect a client’s clearly expressed wishes to involve others in the client’s decision making regarding informed consent.
15) Where the client is not capable of informed consent to treatment, interact with the legally designated substitute decision maker in such a way as to promote the greatest degree of self realization for the client.
16) Engage in mutual and ongoing negotiation with respect to therapeutic processes.
17) Ensure the privacy and confidentiality of client information in accordance with legal principles and professional standards.
18) Engage in appropriate consultation and supervision.
19) Respect the client’s cultural customs and beliefs.
20) If the values of the RCC conflict with those of the client to the extent that the RCC doubts his or her ability to be unbiased, communicate about the values differences and offer the option of referral to another counsellor.
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Respect for Other Individuals
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21) Treat family members or others connected with the client with respect, honesty, and fairness.
22) Ensure the privacy of personal information in accordance with legal principles and professional standards.
23) Respect the right of clients, employees, research participants, students, trainees and others to safeguard their own dignity.
24) Obtain informed consent for all research activities that involve more than minimal risk of harm, or any attempt to change the behaviour of the research participant.
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Respect for Peoples
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25) Demonstrate respect for the diversity of persons and peoples.
26) Demonstrate respect for the customs and beliefs of diverse cultures, unless such customs and beliefs seriously contravene the principle of respect for dignity of persons or peoples, or causes serious harm to their well-being.
27) Be aware of the meaning and impact of one’s own ethnic and cultural background, gender, class, age, sex, sexual orientation, nationality, colour, race, religion, marital status, physical or mental abilities, socioeconomic status, or any other preference or personal characteristic, condition or status.
28) Actively engage in broadening one’s own knowledge of ethnic and cultural experiences.
29) Appropriately explore cultural differences in therapeutic situations.
30) Where the therapist’s beliefs may adversely affect the therapeutic outcome, offer the alternative of an appropriate referral.
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Respect for Self
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31) Engage in self-care activities, in recognition of the unique professional stresses involved in counselling practice, and in order to maintain optimal levels of professional practice.
32) Evaluate professional activities for evidence of the RCC’s personal biases or discriminatory attitudes and practices.
33) Obtain personal therapy or take other appropriate steps where the RCC’s personal issues or stresses interfere, or are likely to interfere, with the RCC’s ability to be of professional assistance.
34) Limit self disclosure in counselling clients only to that which serves the client’s best interests.
35) Protect and safeguard themselves from serious harm and violations of their own rights in carrying out their professional activities.
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Principle 2
Responsible Caring
Responsible caring means that all interactions involving clients are made for the client’s benefit. This includes thorough assessment, as well as competency in skills appropriate to the situation, the client, and the social and cultural context.
To practice the Principle of Responsible Caring, RCCs will:
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Generally
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1) In all activities connected with professional practice, demonstrate active concern for the well being of individuals, families, groups and communities.
2) Terminate an activity when it is clear that the activity carries more than minimal risk of harm and is found to be more harmful than beneficial, or when the activity is no longer needed.
3) Respect the abilities of individuals, families, groups and communities to make decisions on their own behalf and to care for themselves and each other.
4) Remain aware of the RCC’s own self-care needs and vulnerabilities.
5) Engage in continuous learning and professional development based on ongoing assessment of needs.
6) Model effective and respectful professional boundaries.
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Competent Caring
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7) Limit practice and supervision to the areas of competence in which proficiency has been gained through education, training or experience.
8) Maintain competency in all practice areas through continuing education, supervision or peer consultation, as per current professional standards.
9) When developing competency in a professional service that is new, obtain appropriate training and engage in ongoing consultation with a professional having expertise in the provision of that service.
10) Refer to other professionals, technical or administrative resources when referrals are in the best interests of the client(s).
11) Ensure that emergency needs of clients are addressed by appropriate professionals during the RCC’s absences from practice.
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Carefully Managing Risk
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12) In all activities connected with professional practice, take care to maximize benefits and minimize potential harm to individuals, families, groups and communities.
13) Maintain appropriate records of all interactions concerning each client, using client-centered language.
14) Engage in ongoing supervision or consultation.
15) Do everything reasonably possible to stop or offset the consequences of actions by others when those actions are likely to cause serious physical harm or death. This may include reporting to appropriate authorities, to an intended victim, or a family member or other support person who can intervene, and would be done even where a confidential relationship is involved.
16) Act to stop or offset the consequences of seriously harmful activities being carried out by another RCC or any other professional caregiver, when there is objective information about the activities and the harm, and where these activities have come to their attention outside of a confidential client relationship. Action may include reporting to the appropriate regulatory body, authority, or committee for action, depending upon the RCC’s judgment as to what is appropriate to offset the harm, and upon regulatory requirements for the body in question.
17) Collaborate and consult with other professionals as needed.
18) Act to minimize any negative impact of their research activities on research participants.
19) As far as possible, correct or offset harmful effects that occur in connection with research, professional practice or extra-professional activities.
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Principle 3
Integrity in Relationships
Ethics and values are largely expressed in the relationships that RCCs have with self and with others. To have ethical integrity they remain aware of their values and the values of their communities. They are honest and straightforward in their communications, honestly assess and seek feedback on their performance, and avoid conflicts of interest that may compromise their professional activities.
To practice the principle of Integrity in Relationships, RCCs will:
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Generally
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1) Aspire to the highest integrity possible in every situation.
2) Accept responsibility for the consequences of their actions.
3) Avoid the exploitation of others for personal, professional or financial gain.
4) Avoid conflicts of interest when possible, declare the conflict of interest when it is inappropriate to avoid, and take measures to avoid adverse effects of conflict of interest.
5) Strive for impartiality in all professional endeavours.
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Communicating in Integrity
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6) Commit to truthfulness and accuracy in communications.
7) Avoid incomplete disclosure of information unless complete disclosure is culturally inappropriate or violates the confidentiality of others, or carries the potential to do serious harm to individuals, families, groups or communities.
8) Use best judgment in accepting gifts or other benefits, considering the situation, diagnosis, motivation, and vulnerability of the client. Gifts or benefits from clients should be infrequent and of minimal value and not compromise the professional relationship.
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Connecting with clients
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9) Accurately state the nature of their training to clients.
10) Where the needs of the client exceed the ability to be of professional service, offer an appropriate referral.
11) Where the RCC is aware, or ought to be aware that the RCC’s own personal issues, attitudes or stresses are interfering, or are likely to interfere with the RCC’s ability to be of professional assistance refrain from beginning or continuing a professional relationship with a client.
12) If the RCC develops such personal issues after the professional relationship has commenced, obtain professional assistance to determine whether to limit, suspend or terminate the professional relationship.
13) If it becomes necessary to limit, suspend or terminate treatment, assist the client to obtain the services of another qualified professional.
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Relationship as a conscious undertaking
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14) Not exploit or allow their professional relationships to be exploited in order to further personal, political or business interests at the expense of the best interests of the RCC, their clients, research participants, students, employers, or others.
15) Avoid beginning or continuing a professional relationship where they are aware, or should be aware, that harm may occur as a result of a current or previous psychological, familial, social, sexual, emotional, financial, supervisory, political, administrative or legal relationship with the client or a relevant person associated with or related to the client.
16) Avoid dual relationships or the perception of a dual relationship in circumstances where the existence of a dual relationship may adversely affect the professional relationship.
17) Where a dual relationship exists or is perceived to exist, take immediate and reasonable steps to address any resulting harm or the potential for such harm.
18) Recognize power differential that exists in the counselling relationship, and the potential for misuse or abuse, and therefore refrain from engaging in a sexual or other intimate personal relationship with any client, both during and within at least 24 months after the conclusion of treatment. The 24 month figure represents a minimum. The deeper the counselling relationship, the longer this period should be. The 24 month minimum period should be extended indefinitely if the situation, diagnosis or vulnerability of the client suggests the possibility of exploitation on the basis of trust and dependency established during the previous counselling relationship.
19) In particular, during and up to at least 24 months following the conclusion of the counselling relationship, refrain from:
- Verbally or physically seductive behaviour towards the client or former client, directly or indirectly;
- Sexual intercourse or other sexual behaviour with the client or former client;
- Entering into a financial or other potentially exploitive relationship.
20) In recognition of the inevitable power differential that exists in an instructing or supervisory relationship, refrain from engaging in a sexual or any other intimate personal relationship with students, trainees or supervisees.
21) In particular, refrain from:
- Any verbally or physically seductive behaviour towards the student, trainee or supervisee;
- Sexual intercourse or other sexual behaviour with the student, trainee or supervisee;
- Entering into any sort of relationship with a student, trainee or supervisee that a reasonable person would view as exploitive given the standard currently prevailing in the professional or academic community.
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Principle 4
Responsibility to Society
RCCs have a responsibility to the society in which they live and work and have dedicated themselves to the well being of human beings in that society. To practice the principle of Responsibility to Society, RCCs will:
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Ethical knowledge and awareness
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1) Develop and maintain awareness of their ethical responsibilities and competencies.
2) Adequately train students and supervisees in ethical responsibilities and competencies.
3) Challenge all RCCs, including oneself, to be personally accountable to the values and ethical principles of the profession.
4) Commit to continuous improvement, which includes sensitivity to the impact of their own actions, openness to feedback and ideas, and correcting of their own behaviour.
5) Understand the statutory, regulatory and common law framework that governs the profession.
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A holistic approach
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6) Recognize the need to work collaboratively with other agencies, professional disciplines, and individuals in order to reasonably serve the best interests of individuals, groups and society.
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A scientific and professional body of knowledge
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7) Take responsibility to increase scientific or practical knowledge within the profession as a means of promoting the well being of society and all its members.
8) Accept responsibility to do what they can to ensure that oppressive laws and structures are changed.
9) Promote and advance ethical principles in research, professional and educational activities.
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Establishing fees
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10) Establish fees that are deemed fair and consistent with prevailing fee structures in the community.
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Contribution of professional skills
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11) When considering the possibility of pro bono work, determine the most appropriate and beneficial use of their time and talents to help meet the discipline's collective responsibility to society. In doing so RCCs should take into account the need for reasonable boundaries, and the appropriate balance for their own circumstances between pro bono and paid work.
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Social Responsibility
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12) Avoid engaging in dishonourable or questionable conduct that casts doubt on the RCC’s professional integrity or competence, or reflects adversely on the integrity of the counselling profession.
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Acknowledgements
Thanks to:
Dr. Jean Pettifor
John Gawthrop, MA
George Bryce, Barrister & Solicitor
Dr. Jim Browne
For their valuable efforts and advice.
The following documents were referenced:
American Psychological Association, Determination and documentation of the need for practice guidelines (American Psychologist: 2005).
Apology Act, S.BC 2006.
BC Association of Clinical Counsellors, Code of ethical conduct and standards of practice for Registered Clinical Counsellors (2006).
Browne, J. A primer on professional ethics for counselling therapists (unpublished paper).
Canadian Counselling Association, Code of ethics (1999).
Canadian Psychological Association. The Canadian code of ethics for psychologists, 3rd ed. (2000).
Canadian Psychological Association, Draft ethical guidelines for supervision in psychology: Teaching, research, practice and administration (2007).
Canadian Psychological Association, Guidelines for non-discriminatory practice (1996/2001).
Centre for Restorative Justice, Charter for practitioners of restorative justice (2005).
The CPA Section on Women and Psychology, Guidelines for ethical psychological practice with women (2007).
College of Alberta Psychologists, Code of conduct (2000).
Draft Universal declaration of ethical principles for psychologists (2005/2007).
Durkheim, E. Professional ethics and civic morals. (1957). London: Routledge, 1992.
The Feminist Therapy Institute. Ethical guidelines for feminist therapists (2000).
LaCroix, D. Ethical atrophy (published online at Lawyers Assistance Program of British Columbia).
Mission, purposes and values of the BC Association of Clinical Counsellors.
Pettifor, J. L. (1998). The Canadian code of ethics for psychologists: A moral context for ethical decision-making in emerging areas of practice. Canadian Psychology, 39.231-238.
Schulz, W.E. Counselling ethics casebook 2000 (2d ed.). Ottawa: Canadian Counselling Association.
Turner D. and Uhlemann, M. (eds.). A legal handbook for the helping professional (2006). Victoria, BC: The Sedgewick Society for Consumer and Public Education.
Trustcott, D. and Crook, K.H. Ethics for the practice of psychology in Canada. (2004). Edmonton: The University of Alberta Press.
Excerpts/summaries only of:
American Association for Marriage and Family Therapy, Code of ethics (2001).
American Association of Sex Educators, Counselors and Therapists, Code of ethics (2004 revised 2008).
American Counseling Association, Codes of ethics and standards of practice (1995).
American Psychological Association, Ethical principles of psychologists and code of conduct (1992).
American Psychological Association, Ethical principles of psychologists and code of conduct (2002).
American Society of Clinical Hypnosis, Code of ethics (2003, revised 2007).
Canadian Art Therapy Association, Code of ethics (1997).
Canadian Association for Music Therapy, Code of ethics (1999).
Canadian Association of Rehabilitation Professionals, Canadian code of ethics for rehabilitation professionals, (2002).
Canadian Association of Social Workers, Code of ethics (2005).
Code of ethics for New Zealand psychologists (2000).
Commission on Rehabilitation Counsel for Certification, Code of professional ethics (2001).
European Federation of Psychology Associations, Metacode of ethics (1995).
The Feminist Therapy Institute, Code of ethics (1999).
The Psychological Society of Ireland, Code of ethics (1999).
Tri-Council policy statement of ethical conduct in research involving humans (1998).
Canadian Standards and Guidelines for Career Development Practitioners, Code of ethics (2004).
Approved by the Board of Directors
October 25, 2008
#TOP
STANDARDS OF CLINICAL PRACTICE
STANDARD FOR THE CONTENT OF CLINICAL RECORDS
INTRODUCTION
This standard focuses on the content of a RCC’s clinical records and identifies the sort of information that counsellors are expected to record and maintain in their clinical records. Separate standards have been developed to help counsellors in private practice comply with their obligations concerning the collection, use and disclosure of a client’s personal information, as set out under the Personal Information Protection Act (PIPA), as well as the requirements in relation to informed consent. Therefore, the Standard for the Content of Clinical Records should be read and applied in conjunction with the following:
Personal Information Protection Act: A Counsellor’s Guide for Developing Client Personal Information Protection Policies and Procedures (approved by the Board on October 16, 2004).
· Consent to Clinical Counselling and Use of Personal Information (approved by the Board on March 17, 2005).
DEFINITIONS
In this Standard:
“clinical record” means any method used to record a client’s personal information and includes all files, materials and information regarding contacts with or about a client;
“personal information” has the meaning prescribed under the PIPA (i.e. “information about an identifiable individual and includes employee personal information but does not include (a) contact information, or (b) work product information”);
Case notes, however recorded, constitute one essential aspect of recordkeeping.
CONTENT OF CLINICAL RECORDS
A counsellor must ensure that clinical records contain:
Client identifying information, such as: name, birth date, address and phone numbers, next of kin, doctor and medications.
Information about how and when the client was referred to the counsellor, if applicable.
Information concerning the client’s presenting problem and assessment data.
Documentation of written or verbal service contract with client(s); i.e. payment, goals, objectives, treatment modalities and evaluative criteria of contract.
Documentation of the client’s informed consent.
Information about the client’s ability to make a voluntary choice.
A standardized case contact record of all contact with the client. The minimum contents of a case contact record are the date(s) of contact, duration, form and content of contact.
Reports, tests or other evaluative results, and formal consultations concerning the client.
Documentation of the client’s agreement to release personal information to a third party, except where the counsellor is allowed to make such disclosures under PIPA.
Documentation of any release of information to a third party, including a copy of any written correspondence.
Documentation of a client’s request for access to the clinical records and the outcome of such a request.
Information on the ending of the clinical relationship (i.e. “termination”).
Documentation that the client has been informed of the ability to make a complaint to the BCACC.
Documentation of the progress and outcome of a complaint that has been initiated against the RCC by or in relation to the client.
ADDITIONS AND CORRECTIONS
Client requests for changes to the clinical records must be recorded along with a note as to whether the request was acted upon and why or why not.
All additions and corrections to the clinical records must be dated and initialed.
REFERENCES
American Association for Marriage and Family Therapy, Code of Ethics (July 1, 2001).
Beamish, S., Melanson, M. and Oladimeji, M. (1998). Client Rights in Psychotherapy and Counselling.
Canadian Counselling Association. Standards of Practice for Counsellors. (2001).
Canadian Psychological Association. Companion Manual to the Canadian Code of Ethics for Psychologists. (3rd ed.). (2001).
McEvoy, M. and Reir, G. (1999). Balancing Conflicting Interests: A Counsellor’s Guide to the Legal Process. (Updated). New Westminster, BC: Justice Institute of British Columbia.
Truscott, D. and Crook, K. (2004). Ethics for the Practice of Psychology in Canada. Edmonton, AB: University of Alberta Press.
Turner, D. and Uhleman, M.R. (2006). A Legal Handbook for the Helping Professional. (3rd ed). Victoria, BC: Sedgewick Society for Consumer and Public Education.
Standard For The Content Of Clinical Records
Approved Board of Directors
October 20, 2007
CONSENT TO CLINICAL COUNSELLING
AND USE OF PERSONAL INFORMATION
Practice Standards and Model Language
INTRODUCTION
This document sets out the standards a clinical counsellor should follow to obtain a client’s informed consent to counselling therapy, services and treatment (“clinical counselling”), and to the use, collection and disclosure of personal information. Model language is provided at the end of this standard that counsellors can use to prepare their own consent forms.
This standard repeals and replaces the Standards for Consent To Treatment And Written Disclosure Forms (revised to March 2002).
The BCACC Board has approved a separate standard on Payment for Clinical Counselling Services, which sets out the standards a counsellor should follow to obtain a client’s agreement for the payment of clinical counselling services. That standard also contains language that counsellors can use to prepare payment agreements with clients.
CONSENT TO CLINICAL COUNSELLING
In the BCACC’s Code of Ethical Conduct, principle #2 (Informed Consent) states: "Counsellors uphold clients' rights to informed consent, that is the clients' full and active participation in decisions which affect them, and freedom of choice based on the information shared.”
Obtaining the informed consent of a client to the proposed clinical counselling is a critical, first-step in the counselling relationship. If a counsellor provides counselling services without consent, the counsellor could be liable for any resulting negative consequences.
In most situations, a counsellor can presume that every adult client the counsellor sees is capable of giving, refusing or revoking consent to clinical counselling services. In the rare circumstance that the counsellor believes that an adult client is not capable of giving or is unable to communicate informed consent (e.g. because of mental defect or a physical, psychological or emotional incapacity, as examples), the counsellor should obtain consent from an authorized substitute decision maker. Under the Infants Act, a client under the age of 19 who understands the nature of the therapy that he or she will receive can also give their consent and the child can give consent without a parent or guardian’s knowledge or approval.
Once the client gives consent, this does not end the process. The counsellor must ensure that informed consent continues throughout the counselling relationship. The counsellor may have to seek the client’s consent again if circumstances change, such as when the nature of counselling services changes significantly from what was originally agreed to.
The client can also withdraw consent at any time, thus effectively ending the counselling relationship. If a client decides to stop the counselling, but agrees to continue after a brief rest, the counsellor does not have to go through the process of obtaining a new consent, so long as the counsellor is satisfied that the client understood what was involved with the continuation of services. The counsellor should make a note in the clinical record of such an event.
Consent can be expressed differently. A client can consent to clinical counselling by action or conduct, such as voluntarily giving the counsellor information and participating in therapy. A client can also consent by a nod of the head or other, similar gesture. This is known as implied consent. A client can also give expressed consent verbally, but a counsellor should ensure that there are no language barriers that can void verbal consent. Expressed rather than implied consent should be obtained for particularly sensitive or emotionally difficult clinical interventions.
Counsellors should document their client’s consent. For example, a counsellor can make a note in the clinical record that the client was informed and gave an implied or an oral consent. A more prudent practice is to ask a client to sign a consent to treatment form. Such a form can be evidence that the client was fully informed and consented freely to the proposed services. A model for a consent form is proposed at the end of this standard.
For there to be valid, fully informed and freely given consent to clinical counselling, the counsellor must provide the client with sufficient information to allow the client to understand the purposes, risks and benefits of the proposed counselling. The counsellor must also allow the client to ask questions and receive answers to address any concerns. Only then can it be said that the client gave informed consent without reservation.
Generally, the sort of information a counsellor must provide to a client before consent is given is information that a reasonable person in the client’s particular circumstances would require so as to understand the proposed services and make an informed decision. Usually, this will include information about the client’s condition or situation for which the services are being proposed, the nature of the proposed clinical services, the risks and benefits of those services that a reasonable person would expect to be told about, as well as any clinical options, including not doing anything. A counsellor has a duty to communicate with a client in a way that is appropriate to that client’s particular skills, ability and language.
The steps outlined above apply whether the consent is expressed by action or given verbally, or whether the client signs a consent form. If a counsellor does not fully discuss these topics with the client during the initial consultation, the fact that a client signed a consent form may not provide the counsellor with protection in the face of a subsequent legal action or complaint. In brief, consent is a process not a form.
CONSENT TO USE OF PERSONAL INFORMATION
The Personal Information Protection Act came into force on January 1, 2004, and applies to all self-employed counsellors in private practice who are not employed by or under contract with an agency that may itself be subject to the PIPA or the earlier Freedom of Information and Protection of Privacy Act. Employed or contract counsellors should follow their employer’s privacy policies and procedures to ensure compliance with the appropriate privacy statutes.
The PIPA requires that all self-employed counsellors in private practice follow certain rules regarding the collection, use and disclosure of the client’s personal information. While the Act sets out certain exceptions to the consent requirement and allows a counsellor to rely on deemed consent in certain situations, as a matter of practice it would be best if a counsellor documented a client’s consent to the collection, use and disclosure of all the client’s personal information that is obtained during the counselling session.
As with any consent, simply asking the client to read and sign a form would not be sufficient to ensure compliance with the PIPA. To constitute a valid, fully informed and freely given consent, the counsellor must provide the client with sufficient information to allow the client to give the requested consent without reservation. To meet the PIPA requirements, a counsellor must take time at the start of the counsellor-client relationship to obtain a client’s valid and informed consent to the collection, use and disclosure of personal information for the purposes of counselling.
The PIPA contains an alternative to a counsellor asking a client to sign a consent form as evidence of the client having given valid and informed consent. Section 8(3) of the Act allows a counsellor to collect, use or disclose personal information about a client for specified purposes if four conditions are met:
(a) the counsellor provides the client with a notice, in a form the client can reasonably be considered to understand, that the counsellor intends to collect, use or disclose the client’s personal information for those purposes,
(b) the counsellor gives the client a reasonable opportunity to decline within a reasonable time to have his or her personal information collected, used or disclosed for those disclosed purposes,
(c) the client does not decline, within the time allowed under paragraph (b), the proposed collection, use or disclosure, and
(d) the collection, use or disclosure of personal information is reasonable having regard to the sensitivity of the personal information in the circumstances.
CONSENT FORM CONTENTS
The BCACC recommends the following information be considered for inclusion in a consent to counselling form:
1. The counsellor’s name, academic qualification(s), professional membership in BCACC and professional registration number.
2. A description of the nature of the counsellor’s professional practice, i.e. the counsellor’s therapeutic orientation.
3. A brief description of the benefits of clinical counselling, taking into account the counsellor’s orientation; benefits could include, for example, gaining personal insights, learning new ways to cope with or solve problems, developing new skills, and changing unwanted behaviours.
4. A brief description of the known or anticipated risks of clinical counselling, taking into account the counsellor’s particular orientation; risks could include, for example, evoking strong emotions or difficult memories, changes in self-awareness, and different ways of relating to others.
5. A description of the purposes for which the counsellor will collect, use and disclose the client’s personal information, including disclosure of information to third parties (as required by the Personal Information Protection Act).
6. The client’s rights to access the information in their clinical records or to obtain a copy of those records, and the counsellor’s fee for this service, if any
7. The client's right to refuse particular therapeutic modalities and to withdraw consent to counselling at any time during the counselling process
8. That all information provided by the client to the counsellor will be kept confidential, subject to common law and statutory exceptions. The exceptions include but are not limited to the mandatory reporting of suspected child abuse, the possible reporting of risk of serious harm to self or other, or when so ordered by a court of law.
9. If a client has a concern and is not satisfied that the counsellor has addressed that concern, the client’s right to then file a written complaint against the counsellor with the BCACC and contact information for that purpose.
10. The client’s and counsellor’s names and signatures, and the date the form was signed by each.
Additional details could be included in the consent form, such as the length of each counselling session, the frequency of sessions, etc. These details could also be set out in a separate payment agreement form.
Both counsellor and client should have a copy of the signed consent form, with the counsellor keeping the original.
The attachment to this standard contains model language that a counsellor can use in preparing consent to therapy form. However, counsellors should not to simply use this model form without giving full consideration to their clinical practice, the needs of the clients they typically see, the particular requirements of each client, and the nature of the services they provide or will provide to the public. A client’s individual circumstances may require substantial changes to the form that the counsellor usually uses.
Counsellors should always obtain advice from a lawyer if they have any concerns about the appropriateness or sufficiency of any form they use in their clinical practice.
Counselling
Counselling provides a space and opportunity for you to explore behaviour, relationships, feelings, or thoughts, which trouble you and cause difficulty in your life. Counselling is also a legitimate source of support in a crisis or during a difficult time. Counselling can bring deeper personal insight and awareness, better ways of understanding and coping with problems, and improved relationships. You should know, however, that counselling sometimes requires that you be willing to examine difficult topics or times in your life, to experience stronger than usual emotions, and to try out new and different behaviours.
Collection, use and disclosure of personal information
Confidentiality and its exceptions
Confidentiality is a key to the effectiveness of the counselling process, so the personal information you share in counselling will be kept confidential. Confidentiality continues after the end of the counselling relationship. There are, however, some exceptions to the counsellor’s duty of confidentiality, in particular:
(a) if a child is or may be at risk of abuse or neglect, or in need of protection;
(b) if a counsellor believes that you or another person is at clear risk of imminent harm;
(c) for the purpose of complying with a legal order such as a subpoena, or if the disclosure is otherwise required or authorized by law.
If you have any questions or concerns about how BC’s Personal Information Protection Act or the counsellor’s personal information policies and procedures apply, please ask.
(c) withdraw consent for the collection, use, or disclosure of your personal information, except where precluded by law;
(e) access or obtain a copy of the information in your counselling records, subject to legal requirements.
Your right of access to or to obtain a copy of your personal information continues after the end of the counselling relationship.
Concerns
If you have a concern about any aspect of your counselling, you are requested to first address it with NAME OF COUNSELLOR. If this is impossible or unsafe, or if your concern is not resolved through discussion, you may contact the Registrar of the BC Association of Clinical Counsellors at 1-800-909-6303.
Signature
My signature below confirms that I have read the above, had an opportunity to discuss it with the counsellor, and had my questions answered to my satisfaction.
_________________________________ ______________________________
Name of Client Name of Counsellor
_________________________________ ______________________________
Signature of Client Signature of Counsellor
_________________________________
Date signed
Consent To Clinical Counselling And Use Of Personal Information
Practice Standards and Model Language
#TOP
PAYMENT FOR CLINICAL COUNSELLING SERVICES
Practice Standards and Model Language
INTRODUCTION
This document sets out the standards a clinical counsellor should follow to obtain a client’s agreement for the payment of counselling fees and other charges. Model language is provided at the end that counsellors can use to prepare payment agreements they may establish with clients.
The BCACC Board has approved a separate standard for Consent to Clinical Counselling and Use of Personal Information, which also includes model language that counsellors can use to prepare their own informed consent forms. The BCACC has produced a recommended fee schedule that counsellors can use to set their fees; those recommended fees are not part of these standards.
In the BCACC’s Code of Ethical Conduct, Principle 3 (Integrity in Relationships) "…RCCs…remain aware of their values and the values of their communities", and are "…honest and straightforward in their communications." Principle 4 (Responsibility to Society) states: "RCCs have a responsibility to the society in which they live and work and have dedicated themselves to the well being of human beings in that society. To practice the principle of Responsibility to Society, RCCs will: "Establish fees that are deemed fair and consistent with prevailing fee structures in the community (10)."
How a client will pay for counselling services and the consequences of missed appointments or not paying bills on time are important topics for counsellors to address with their clients. Disputes over billing practices have been a source of a number of complaints filed against counsellors, and such complaints could often be avoided with better communication between counsellor and the client on these issues.
BCACC recommends that counsellors agree with clients before the first session at least the session fee and the time and method of payment. Further details of a counsellor’s billing policies and procedures - including how they will apply in a particular client’s circumstances - are normally discussed and agreed on at the first session. A counsellor can either document the terms and conditions agreed on in the clinical notes or ask the client to sign a payment agreement. As well, payment policies included in a counsellor’s brochure or given to the client as a separate handout have documentary value.
One specific caution: a counsellor should never agree to issue a receipt to a client for the payment of services in advance of when the services are provided so as to allow a client to submit a claim to a health benefits plan for advanced payment. This constitutes fraud. Instead, a counsellor may agree to give a client credit for a service that has been provided, and issue a receipt, but the terms of the loan must be clearly understood by the client and agreed to in writing under a separate agreement. Such an agreement should be drafted with legal assistance.
PAYMENT AGREEMENT CONTENTS
To help counsellors meet their ethical responsibilities and to ensure that the client has a clear understanding of counsellor’s billing practices, the BCACC recommends that the following information be considered for inclusion in any payment agreement the counsellor may establish with a client:
- The counsellor’s name, academic qualification(s), professional membership in BCACC and professional registration number, mailing address, phone number and other contact information.
- The client’s name, mailing address, phone number and other contact information.
- The length of each session and the agreed frequency of sessions at the outset, with a provision that this may be changed by mutual agreement.
- The fee that the counsellor will charge for providing the counselling services to the client (usually expressed as a per-session fee) and any taxes payable on that fee (e.g. GST).
- The client’s responsibility to inform the counsellor in advance of missed sessions and how the client can so inform the counsellor.
- The counsellor’s policy concerning charging for missed appointments if the client does not provide sufficient advance notice, including the minimum period of time (e.g. 24 hours) that the counsellor requires for advance notice.
- The counsellor’s policy concerning charging for appointments where the client is late.
- If another person or an organization will reimburse the client after the client has paid the counsellor’s fee, the client’s responsibilities should the other person or organization not pay all or part of the fee, and that it is the client’s responsibility to confirm the scope of coverage.
- If another person or an organization will pay the counsellor’s fee (including a missed appointment fee) instead of the client, directly to the counsellor, what the client will do to ensure that direct payment by the other person or organization is made to the counsellor.
- When the counsellor will expect or request payment (e.g. at the start or end of each session, on a weekly or monthly basis), how the counsellor will communicate a request (e.g. by presenting the client with a written statement of account), and when the counsellor will issue receipts acknowledging payment.
- The counsellor’s practice with respect to overdue or unpaid statements of account (e.g. interest rate, start date for interest charges), the counsellor’s collection options or policy (e.g. whether or not a second statement or a demand letter will be sent and when, when the unpaid bill would be sent to a collection agency, when the client would be sued in Small Claims Court, etc.). If the unpaid bill is to be referred to a collection agency or pursued in Small Claims Court, a counsellor should not charge a client an additional collection fee. But a counsellor would be entitled to claim interest charges on the unpaid fee, so long as the charges are clearly stated and agreed to by the client at the start of the sessions.
- If a client has a concern about the counsellor’s billing or collection practices and is not satisfied that the counsellor has addressed that concern, the client may contact the Registrar of the BC Association of Clinical Counsellors at 1-800-909-6303.
- The client’s name and signature, and the date that the payment agreement was signed by the client.
- The counsellor’s name and signature, and the date that the agreement was signed by the counsellor.
As a general rule, written payment agreements become more necessary as payment arrangements with a particular client or in a particular practice become more complex. Because a verbal discussion and agreement (documented in clinical notes) may well be sufficient or preferable in many counselling situations, and because written payment agreements may differ from client to client, a payment agreement should be separate from the counsellor’s informed consent form.
If a counsellor develops a standard payment agreement form (whether part of the consent agreement or not), the counsellor should strike-out those payment terms that do not apply to a particular client signing the form. Likewise, a payment agreement can be modified by writing in new terms or conditions. In either case, the counsellor and the client should initial the changes. A copy of the payment agreement should be given to the client.
The BCACC recommends that a counsellor use a payment agreement even if the counsellor is being paid directly by a third party, such as an Employee Assistance Plan. The payment agreement should specify if the client will be responsible for paying any unpaid amount if the counsellor does not receive full or partial payment from the third party (within a specified time period).
PAYMENT FOR CLINICAL COUNSELLING SERVICES
1. I understand that I can contact the counsellor to make, change or cancel an appointment, or in case of an emergency by phoning 000-000-0000 at any time, 24 hours a day.
NOTE: If the counsellor charges an hourly fee on a pro-rated basis, this should be noted here. If the counsellor also charges for disbursements such as educational materials, those costs should be also noted.
(2) As evidenced by my signature below, I agree to pay the counsellor this fee [these fees] on the terms and conditions set out in this agreement.
Concerns
9. I understand that if I am not satisfied that the counsellor has addressed a concern I may have about our financial arrangements, I may contact the Registrar at the BC Association of Clinical Counsellors at 1-800-909-6303.
Signature
10. I have read and understand this payment agreement, and as evidence by my signature, I agree to pay the counsellor according to the above terms and conditions.
_________________________________ ______________________________
Name of Client Name of Counsellor
_________________________________ ______________________________
Signature of Client Signature of Counsellor
_________________________________
PAYMENT FOR CLINICAL COUNSELLING SERVICES
PRINCIPLES AND STANDARDS FOR ADVERTISING
AND
SOLICITING CLIENTS
PRINCIPLES
1. Registered Clinical Counsellors who deliver clinical services shall accurately represent themselves to clients.
2. All information concerning Registered Clinical Counsellors’ services available, and related activities, must be truthful, accurate, and complete, to assist prospective clients in making informed judgments and choices on matters of concern.
STANDARDS
1. Registered Clinical Counsellors do not make public statements that are false, deceptive, misleading or fraudulent, either because of what they state, convey, or suggest or because of what they omit, concerning their clinical practice or other work activities, or those persons or organizations with which they are affiliated.
2. Registered Clinical Counsellors shall limit personal information to name: highest relevant degree conferred; provincial registration/certification, including number; national certification, including number (if applicable); address, telephone number, office hours; brief explanation of types of services offered, types of problems dealt with, and cost of services.
3. Registered Clinical Counsellors who use testimonials do not solicit them from clients or other persons who, because of their particular circumstances, may be vulnerable to undue influence.
4. Registered Clinical Counsellors shall make reasonable efforts to correct inaccurate statements made by others about themselves or the profession of counselling.
5. Registered Clinical Counsellors do not use their places of employment or institutional affiliation to recruit or gain clients, supervisees, or consultees for their private practices.
6. Registered Clinical Counsellors do not use their professional or employment positions on Boards, Councils, committees, or agencies, to solicit clients, or to seek unjustified personal gains, unfair advantage, or unearned goods or services.
7. In compliance with BCACC’s Ethical Practice Standards and Standards for Written Consent to Treatment and Disclosure Forms, Registered Clinical Counsellors shall make available in advertising settings, their Consent to Treatment and Disclosure forms.
8. Registered Clinical Counsellors shall display their Certificate of Registration in a prominent place in their office or therapy room. Such certificate shall be removed from display upon resignation or termination of registration.
Acknowledgements
American Counseling Association. Code of Ethics and Standards of Practice, Author (1997).
American Mental Health Counselors Association. Standards for the Clinical Practice of Mental Health Counselors, Author ( 1993).
American Psychological Association. Ethical Principles of Psychologists and Code of Conduct, Author (1992).
November 25, 2000
STANDARDS FOR WRITING COURT-ORDERED REPORTS
As with all other tasks within our scope of practice, preparing and writing court-ordered reports requires applicable adherence to our ethical principles of respect, informed consent, competence, confidentiality, and integrity.
It is incumbent upon the writer to be knowledgeable of, and compliant with, particular standards and other requirements of specific reports; for example, child custody and access reports, and reports written on behalf of third parties such as ICBC or WCB.
The writer must also maintain vigilance against personal or gender bias in the preparation, writing and defense of such reports. Appropriate consultation will be obtained to compensate for potential bias.
Unless specific formats for ordered reports are mandated, court-ordered reports should delineate and cover the following categories:
1. QUALIFICATIONS OF WRITER
a) Relevant education, training, professional credentials and membership, and experience.
b) Past and/or present expert witness designation of writer.
2. EXPLANATION OF REPORT
a) Who requested or ordered the report and why.
b) Purpose of report - including whether it is an assessment and/or treatment summary.
c) Task of writer.
d) Names, birth dates, and addresses of subject parties.
3. SOURCES OF INFORMATION
a) Listed at beginning of report - names of sources of information for the report, or instruments used (i.e. phone or in person interviews, documents reviewed, limits to interpretation of any testing or assessments utilized, applicable caveats).
b) Includes the relationship of all sources to the subject parties of the report.
c) All personal sources of information must be informed at the outset of limits to confidentiality.
d) Only writers duly qualified should interpret other relevant assessments. In most cases, it is better to attach copies to the report of such assessments.
e) Unless interviews of sources are recorded electronically, detailed written notes must be made either during the interview or immediately after. Names of the sources, date, time, location, and context must be included.
f) For reports involving contending parties, sources of information must be equitably balanced.
g) Facts, observations, impressions, and opinions must be clearly differentiated in notes.
4. BODY OF REPORT
a) Presented in orderly manner in compliance with court's directive and writer's style.
b) Interpretations must be identified as such and supported by information obtained in the investigation.
c) To be included in the report, all current and historical information must relate directly to the purpose and focus of the report.
5. CONCLUSIONS AND RECOMMENDATIONS
a) Involves summary of salient information and writer's assessment of relevant issues.
b) Recommendations for the court's consideration in view of the writer's conclusions.
c) No recommendation for disposition unless writer has done sole assessment.
References:
Balancing Conflicting Interests: A Counsellor's Guide to the Legal Process
Maureen McEvoy and Gayla Reir, 1999 (updated)
Clinician's Thesaurus 4th Edition: The Guidebook for Writing Psychological Reports
Edward L. Zuckerman, 1995
Custody and Access Guidelines Ontario College of Certified Social Workers, 1995
Esser, T.J. (1974)
Effective report writing in vocational evaluation and work adjustment training.
(Available from Materials Development Center, Dept. of Rehabilitation and
Manpower, University of Wisconsin, Menomonic. WI54751)
Sattler, J.M. (1988)
Assessment of Children (3rd Ed.) San Diego: Author
Zimmerman, I.L., & Woo-Sam, J.M. (1973)
Clinical Interpretation of the Wechsler Adult Intelligence Scale. New York: Grune and Stratton.
Standards for Writing Court-Ordered Reports
Approved Board of Directors, March 4, 2000
CHILD CUSTODY AND ACCESS
ASSESSMENTS AND REPORTS
Clinical counsellors assess parental custody of and access to children in the context of marital breakdowns and similar situations, and counsellors prepare custody and access reports to document their findings and recommendations. Sometimes a court orders pursuant to section 15 of the Family Relations Act a counsellor to prepare a custody and access report. Other times the parents (jointly or separately) request an assessment for the purposes of helping them resolve disputes concerning custody and access. Regardless of how a counsellor has become involved, the BCACC recognized that there is a need to establish standards of professional practice concerning child custody and access assessments and the resulting reports. This document sets out the Association’s guidance and expectation for these services. It was approved by the Board pursuant to section 30(1)(b) of the BCACC Bylaws.
The courts play a significant role in supervising the quality of the custody and access reports they order pursuant to section 15 of the Family Relations Act, as well as the reports that the parents may submit to the court without an order. As such, the BCACC Board has adopted a separate policy that explains the Association’s jurisdiction over public complaints against clinical counsellors concerning the production of reports that have been or will be considered by the courts. Notwithstanding the effect of that policy, the standards set out in this document can be used by the Association, the courts and others to assess the quality of the custody and access assessments that are undertaken by clinical counsellors and their resulting reports. Most importantly, counsellors can use these standards as a guide to maintain their skills in this growing area of clinical practice.
The standards set out in this document reflect the minimum level of competency that is expected of a counsellor in private practice who may be appointed by the courts or at the request of one or both parents to undertake a custody and access assessment. While these standards articulate the requirements for counsellors who prepare custody and access reports, reference should also be made to the more general guidance that is provided to counsellors within the BCACC Bylaws and Code of Ethics, in particular if there is an aspect of practice that is not covered in these standards.
In preparing these standards, the BCACC recognizes that undertaking a custody and access assessment and writing the subsequent report requires a counsellor to exercise his or her best clinical judgment. Being involved in a custody and access dispute is often a stressful situation for all concerned, and is usually the source of highly emotional disputes between the separating parents. As such, these standards should be viewed and interpreted as encouraging counsellors to employ their clinical assessment and reasoning skills in a creative but balanced, impartial and objective fashion.
The BCACC recognizes that counsellors can provide a range of services to children and families before, during and after marital breakdowns. These standards have been prepared with the understanding that the counsellor will be acting as an assessor for the purposes of preparing a custody and access report or a follow-up report. Where practical, a counsellor while acting as an assessor should avoid multiple roles, such as also acting as a therapist, a consultant, a mediator, an arbitrator, a critic, or an advisor for the same client. It is expected that a counsellor will differentiate between these different professional roles and avoid role confusion.
The requirements of the Personal Information Protection Act apply to the information a counsellor in private practice collects, uses or discloses while undertaking an assessment. Therefore, a counsellor should be aware of and follow those requirements as well. The BCACC’s A Counsellor’s Template for Client Personal Information Protection Policies and Procedures provides further guidance on this legislation. Where there is a conflict between these standards and the PIPA requirements, the Act takes precedence over the standards.
These standards have been written with reference to the Personal Information Protection Act. If a counsellor who is not in private practice is relying on these standards, that counsellor or the employing agency may be required to comply with either that Act or the earlier Freedom of Information and Protection of Privacy Act. If the FIPPA applies, a counsellor should substitute a reference in these standards to the PIPA with a reference to FIPPA.
If a counsellor has been appointed by the court as a Family Justice Counsellor and is undertaking a custody and access assessment in that capacity, the counsellor should follow the policies and procedures set out in the Family Justice Services Manual of Operation produced by the Family Justice Services Division, Ministry of the Attorney General, rather than these standards.
The BCACC acknowledges the following documents that have been considered in preparing these practice standards for clinical counsellors (listed in alphabetical order):
· Family Justice Services Manual of Operation, Family Justice Services Division, Ministry of the Attorney General (revised to December 2003);
· Guidelines for Child Custody Evaluations in Divorce Proceedings, American Psychological Association (July 1994);
· Professional Guidelines for Psychologists: Child Custody Assessment, College of Alberta Psychologists (revised to January 2002);
· Standards of Practice: Child Custody and Access Assessments, Board of Registration for Social Workers in British Columbia (undated).
In addition, the BCACC has considered the useful commentaries provided by the BC courts in the reported cases on custody and access reports that have been prepared pursuant to the Family Relations Act.
Counsellors need to hold paramount the children’s best interests when writing custody and access reports. It is recognized that the children’s best interests may, in turn, be affected by the parents’ and families’ best interests. In order to preserve best interests, counsellors should consider the following in their reports:
- Preserve the dignity and privacy of the parties. Custody and access reports may require the disclosure of information that may be hurtful to significant relationships. Where possible, that is, where the integrity of the report can be preserved, counsellors should try and avoid damaging significant relationships. One means by which this could be achieved is for the counsellor to show respect for the collaterals and their relationship with the parties.
- Add constructive comments to the report. Custody and access reports comment on family dynamics and intend to provide the best parenting option for children. Comments and recommendations that counsellors make should contribute positively to the parenting plan.
- Hold a broad theoretical and practical base. Custody and access reports should carefully guard against prescribing particular points of theory that are likely to become obsolete due to the evolving nature of the scientific knowledge and professional practice to which they refer.
- Avoid making absolute predictions. Custody and access reports represent the best current knowledge of the profession and represent criteria for informing decisions that are superior to other alternatives. This limitation applies to both content and recommendations.
The following definitions will be used throughout these standards:
· “Adult” means a person 19 year of age or older who is interviewed during the assessment or report-writing process.
· “Child” means a child who is the subject of a custody and access assessment undertaken by or a report prepared by a counsellor. If the context so requires, a reference to a child in these standards applies to two or more children of a family, and also to an adopted child, a stepchild or a foster child, unless otherwise noted.
· “Comprehensive report” means a report that documents a counsellor’s evaluation of a number of issues for both a child and the parents which results in recommendations about custody and access, but is not a limited report, and “comprehensive assessment” has a similar meaning. (See also section 19, below.) Unless otherwise noted, a reference to a “report” in these standards refers to a comprehensive report.
· “Counsellor” means a person registered with the BC Association of Clinical Counsellors who is authorized to use the title Registered Clinical Counsellor pursuant to the Bylaws.
· “Focused report” means a report that documents a focused, limited or clinical assessment or evaluation of the function of one member or only a few members of a family, or a report that addresses a limited number of issues, and “focused assessment” has a similar meaning. An example of a focused report would be a view of the child report, or a report that focuses on a particular issue, such as overnight visits or drug/alcohol issues. (See sections 17 and 18, below.)
· “Parent” means an individual who is, legally responsible for parenting a child, and includes the custodial and non-custodial parent, an adoptive parent, a stepparent, legal guardian, a parent in absentia, or a caregiver, as well as a lawyer who represents a parent in a legal proceeding. If the context so requires, a reference to a parent in these standards applies to both parents of a child, unless otherwise noted.
These standards also recognize that while there are certain minimum requirements a counsellor must follow when doing an assessment or writing a report, there are also areas of practice where the counsellor has options and should exercise his or her best clinical judgment. To reflect the difference between a mandatory requirement and a suggested or recommended practice, these standards will use two different sets of verbs.
· The use of “shall” or “must” denotes an action or event that a counsellor must perform as a mandatory or minimum requirement.
· The use of “should” or “may” denotes an action or event that it is recommended or suggested a counsellor should perform, but is not necessarily a mandatory or minimum requirement.
PART ONE - GENERAL REQUIREMENTS
The following are the general principles that a counsellor is expected to apply or consider while undertaking a custody and access assessment, or similar assessment, and preparing a resulting report. Specific requirements and recommendations are set out in later Parts.
1(1) At all times during an assessment and in preparing a report, and notwithstanding who is paying the counsellor for the assessment service, a counsellor must take into consideration and act in the best interest of the child who is the subject of the assessment.
(2) If a counsellor is faced with a conflict between this principle and any other principle or standard set out in this document, the best interest of the child principle should prevail.
2(1) In undertaking an assessment or in preparing a custody and access report, a counsellor must act in a balanced, fair and impartial fashion.
(2) The counsellor must undertake an objective assessment of the family so as to help the family or a court reach a decision regarding the custody of and access to the child or children of that family that best meets the needs of the child.
(3) When undertaking a custody and access assessment and in writing the subsequent report, a counsellor should
(a) exercise his or her best clinical judgment, and
(b) employ clinical assessment and reasoning skills in a creative but balanced fashion.
3(1) The requirements of this section apply only if a counsellor has not been named by the court pursuant to section 15 of the Family Relations Act to undertake a custody and access assessment and prepare a report, but is doing the assessment or preparing the report at the request of one parent or both parents.
(2) Before commencing a custody and access assessment, a counsellor must obtain the informed consent of the child to participate in the assessment to the extent of that child’s capacity for understanding based on the child’s developmental level and ability to give or express consent.
(3) Where a counsellor cannot obtain the informed consent of a child, a counsellor must obtain the informed consent of a parent or legal guardian, or of both parents if practicable, to the child’s participation in the assessment process.
(4) Appendix A contains a chart that provides a framework to help a counsellor to decide which parent(s) should consent before the counsellor interviews a child.
(5) A counsellor should obtain consent in writing, but if consent is given orally or implied, the counsellor should make a note in the file documenting that oral or implied consent was given.
4(1) A counsellor must obtain the informed consent of each adult to his or her participation in the assessment process.
(2) A counsellor should obtain consent in writing, but if consent is given orally or implied, the counsellor should make a note in the file documenting that oral or implied consent.
(3) A counsellor will fully describe to the parents the probable consequences of their lack of cooperation with the custody and access assessment process and also inform them that a perceived lack of cooperation can also be the content of a custody and access report.
(4) A counsellor will advise collateral participants that the information they provide will not be held confidential and they may be called to give evidence in court.
Clarifying the counsellor’s role
5(1) Where a counsellor has been named by the court pursuant to section 15 of the Family Relations Act to prepare a report or the parents have agreed without a court order to a counsellor preparing a custody and access report, the counsellor should refer to that order or agreement when initiating communications with the parents, the family and other persons.
(2) Because a counsellor can provide a wide range of counselling and therapeutic services to parents and their children, a counsellor who has been ordered or contracted to undertake a custody and access assessment or a similar assessment should make every effort to ensure that his or her role as an assessor is understood by those who will be involved, whether or not the counsellor has provided counselling, therapeutic or similar services to the family, either parent or a child in the past.
(3) A counsellor who has been ordered or contracted to prepare a custody and access report must not while performing the assessment or preparing the report provide any counselling, therapeutic or similar services to the child or family that is the subject of that assessment or report, unless
(a) the court so orders, or
(b) the parents give their written informed consent to the counsellor also providing those counselling services.
(4) A counsellor who is providing counselling, therapeutic or similar services to the child or family must not while providing those services also undertake an assessment or prepare a custody and access report, or make any recommendations concerning custody and access, unless
(a) the court so orders, or
(b) the parents and / or their legal counsel give their written informed consent to the counsellor also providing the assessment service.
(5) If a counsellor has had prior contact with a parent or the child, the counsellor must disclose the nature of that contact to the parents or the court prior to
(a) undertaking a custody and access assessment or preparing a report, or
(b) testifying in court, and
the counsellor must not undertake the assessment or prepare a report, or testify in court unless the parents so consent or the court so orders.
6(1) In order to undertake a custody and access assessment or prepare a report, the counsellor should have knowledge, skills and abilities in the following subject areas:
(a) family systems theory;
(b) attachment theory;
(c) theories of childhood development, including stages of development and the impact of abuse, neglect, and trauma on development;
(d) the psychological effects of separation or divorce process on parents and children and separated siblings, including knowledge of appropriate parent or child residential schedules and visitation schedules;
(e) the impact of cultural, spiritual, and religious background, including cultural self-concept, on separation and divorce;
(f) the dynamics of grief or loss within the context of separation and divorce with particular emphasis on the impact on children;
(g) psycho-social assessments commonly used by counsellors;
(h) interview techniques appropriate to adults;
(i) interview techniques appropriate to children;
(j) interview techniques appropriate to collateral references;
(k) if using testing or screening instruments during the course of an assessment, appropriate training in the administration of and in the interpretation of those instruments.
(2) If the circumstances warrant, a counsellor must have knowledge, skills and abilities in the following subject areas:
(a) family reorganization after separation or divorce;
(b) issues of power and control and the cycle of violence, techniques for assessing the presence of family violence, and the effects of family violence on family members, particularly children;
(c) substance abuse and addictions;
(d) mental health.
(3) If a counsellor identifies a subject listed in subsection (2) as relevant to an assessment either before or during the assessment but the counsellor does not have sufficient knowledge, skill or ability concerning that subject or cannot obtain those competencies before completing the report, the counsellor should consult with another counsellor or professional who can advise the counsellor on that subject, and that consultation should be so noted in the report.
(4) A counsellor should have basic knowledge of the following areas:
(a) the financial impact of separation and divorce on a family unit;
(b) the Divorce Act, Child Support Guidelines, the Family Relations Act, the Child, Family and Community Service Act, and the Adoption Act;
(c) how the family justice system deals with the issues of child and spousal support and the distribution of matrimonial property;
(d) international law concerning custody, access and abduction.
7(1) Whether acting pursuant to a court order or at the request of the parents, a counsellor should enter into a written contract with each adult parent before beginning the assessment.
(2) If a lawyer represents a parent, the counsellor may contract with that parent through the lawyer if the parent so consents.
(3) If a lawyer does not represent a parent, the counsellor should contract directly with that parent.
(4) If a counsellor chooses not to establish a written contract as recommended in subsections (1) to (3), the counsellor should mail to each parent or lawyer a letter that contains information similar to that recommended for a written contract as per subsections 8(1) and (2), below.
8(1) The counsellor should ensure that the following subjects are addressed in the contract (or letter):
(a) an outline of the process and procedures to be followed, and the areas to be covered during the assessment process;
(b) scope of the assessment or general nature of the report, including whether ordered by the court or not;
(b) access to records;
(c) estimated duration of the assessment process;
(d) disclosure and distribution of the report;
(e) whether recommendations will be made in the report;
(f) registration and credentials of the counsellor;
(g) confidentiality and the exceptions (see section 13);
(h) consent for the release of information;
(i) financial arrangements for paying the counsellor (see section 9);
(j) dealing with any potential conflicts of interest (see section 5);
(k) arrangements for consulting with other professionals;
(l) what steps a parent may take if the parent has a question or concern regarding the professional work of the counsellor;
(m) the counsellor’s membership with the BCACC.
(2) In addition, the counsellor may include the following subjects in the written contract:
(a) an assessment timetable, such as who will be interviewed, when and where;
(b) use of any screening or assessment tools;
(c) the number or nature of home visits;
(d) policy regarding requesting or using written collateral reports;
(e) settlement opportunities and the role of the counsellor if parental agreement is
reached concerning custody or access;
(f) mutual responsibilities of the counsellor and each of the parents.
(3) If a court orders the counsellor to prepare a custody and access report pursuant to the Family Relations Act, the counsellor need not itemize in a contract or letter those items that are specified in the order itself.
9(1) The counsellor must advise the parents concerning the financial arrangements with respect to the counsellor’s statement of account, including:
(a) the counsellor’s fees and disbursements for undertaking the assessment and preparing the report, including an estimate of the total costs and the possibility of any additional or unanticipated fees or disbursements that may occur;
(b) any taxes that may be applied to the fees or disbursements;
(c) the nature of the services that the fees cover;
(d) who will pay the counsellor’s statement of account;
(e) when the statement of account will be paid;
(f) what options the counsellor may pursue for obtaining payment on an unpaid statement of account.
(2) If the parents will not share paying counsellor’s statement of account equally, the counsellor should specify in the contract the allocation of the costs between the parents.
(3) A counsellor should document the financial arrangements in the contract recommended in subsection 7(1) to (3) or the letter referred to in subsection 7(4), above.
10(1) If the total costs will exceed those estimated in the contract, the counsellor must inform the clients of this as soon as practical and explain the reasons for the additional fees in advance.
(2) If practical, the counsellor should negotiate a new or further arrangement with the parents for the payment of the additional costs.
11. If a counsellor holds a pre-assessment information meeting during the orientation process with one parent, the counsellor must offer a similar meeting to the other parent.
12. The counsellor must determine the scope of a custody and access assessment in conjunction with the parents, taking into consideration any directives given in a court order or a referral question.
Confidentiality and exceptions
13(1) At the commencement of an interview, the counsellor must advise each person to be interviewed that personal information will be collected, used, disclosed and given security in accordance with the provisions of the Personal Information Protection Act.
(2) The counsellor must also advise each person of the following:
(a) the information that they provide during the assessment is not privileged and may become part of the public record;
(b) they may be required to provide corroborative evidence in Court under oath.
(c) if as a result of the information gathered the counsellor has reasonable grounds to believe that a child is in need protection, the counsellor is required by law to file a report with the Ministry of Children and Family Development (see section 32).
(a) make every effort during an assessment to obtain and consider all relevant information from the best sources available, and
(b) conduct all interviews necessary for the assessment.
(2) The counsellor should review all potentially relevant reports concerning the child or parents, such as those produced by schools, health care providers, child care providers, child care protection agencies, or health or social service organizations or institutions.
(3) Notwithstanding subsection (1), a counsellor may have
(a) a counselling student undertake the information gathering tasks, so long as the counsellor supervises that student, and
(b) an assistant gather factual information such as school and medical records, as authorized and directed by the counsellor.
(4) If someone other than the counsellor had a role in gathering information and preparing the report, the counsellor must so advise the parents and clearly explain that person’s role and the form of supervision exercised by the counsellor, and do so either in a contract with or a letter to parties, or in the final report.
(5) A counsellor should inform all participants, including collateral references, that
(a) the information that they provide during the assessment is not privileged and may become part of the public record;
(b) they may be required to provide corroborative evidence in Court under oath.
(c) if as a result of the information gathered the counsellor has reasonable grounds to believe that a child is in need protection, the counsellor is required by law to file a report with the Ministry of Children and Family Development (see section 32).
15(1) To ensure the results of an assessment are viewed by the parents as balanced, fair and impartial, the counsellor should make every effort to request information of the same kind and with the same degree of detail from both parents, if time and circumstances so permit.
(2) A counsellor meets the requirement of subsection (1) if
(a) the counsellor requests a parent to provide information but that parent chooses not to provide the requested information, or
(b) the parents’ lawyers provide a joint letter to the counsellor setting out agreed facts and information.
(3) If a counsellor can not meet the requirements of subsection 15(1), then the counsellor should include in the body of the report a written statement detailing why the requirement was not met.
Recording interviews
16(1) A parent has the right to record that parent’s interview with the counsellor.
(2) If a parent exercises this right, the counsellor may also record the interview.
17(1) If the counsellor is ordered by the court or requested by one or both parents to undertake a focused assessment or provide a focused or limited report, the counsellor should advise the parent(s), verbally or in the written contract or report
(a) that the counsellor is not undertaking a comprehensive custody and access assessment or preparing a comprehensive report, and
(b) of the specific limits or nature of the focused report.
(2) If a counsellor advises a parent verbally concerning the focused assessment or report, the counsellor should make a note in the file to document that advice.
(3) When the court orders or the parents agree that a specific issue such as access, overnight visits or drug and alcohol issues be addressed in a report, the counsellor must determine the appropriate assessment process to properly address that issue in the focused report.
Views of the child assessment
18(1) When the court orders a views of the child report, the counsellor must conduct, where possible, separate interviews with the child and, unless the court specifically directs otherwise, conduct a separate interview with each parent.
(2) Where possible, the counsellor should conduct interviews with the children after they have spent time with each parent or party to the dispute.
(3) When preparing a view of the child report, the counsellor
(a) should make it clear that what is being reported are the views of the child in relation to the subject matter at the date and time the counsellor interviewed the child, and
(b) must not make any recommendation regarding custody and access.
(4) Appendix A contains a chart that provides a framework to help a counsellor to decide which parent(s) should consent before the counsellor interviews a child to obtain his or her views.
19. The primary focus of a comprehensive custody and access assessment is on:
(a) the needs, interests, and wishes of each child;
(b) the parenting ability and willingness of each parent including
(i) any current partners or other significant caregivers, and
(ii) their ability to meet both general developmental needs and any special needs of the children;
(c) evaluating the relationship between each adult and child.
20(1) In undertaking a custody and access assessment and preparing the resulting report, a counsellor should take into consideration the broader social context of the child and family, as well as their community, and the broad array of factors that can influence that social context.
(2) The counsellor should assess child custody and access from social, emotional, developmental, relationship and cultural perspectives, which should be reflected in any report the counsellor prepares.
21(1) In doing a custody and access assessment, the counsellor must interview each child independently from the parents, current partners and other siblings to give the child an opportunity to express views about the family situation.
(2) The counsellor need not interview each child individually if that child is an infant or toddler.
(3) If a counsellor decides that it is not in the child’s best interests to interview the child, the counsellor should then observe the child with the parents and siblings.
(4) If a counsellor decides that it is not in the child’s best interests to interview or observe the child, the counsellor must clearly state the reasons for that decision in the report.
22(1) This section applies if there are two or more children in the family who may be living with the child, or separately from but have regular contact with the child, including any adopted children, stepchildren, or foster children who are not the subject of the assessment.
(2) The counsellor should interview or observe the children of the family separately and together without the parents to assess the sibling relationship.
(3) If a counsellor decides that it is not in a child’s or the children’s best interests to interview or observe them separately or together, the counsellor must clearly state the reasons for that decision in the report.
23(1) The counsellor should observe the child or children in the care of each of the parents, and on at least one occasion in their respective homes and, if practical, in any other home being considered for child.
(2) If a counsellor decides that it is not in the child’s best interests to interview or observe the child at home, the counsellor must clearly state the reasons for that decision in the report.
24(1) The counsellor must assess the needs of each child independently, including ascertaining each child’s level of maturity, interests, aptitude, special needs, educational needs, and routines
(2) If it is not possible to assess a child as required under subsection (1), the counsellor must clearly state the reasons for that decision in the report.
(3) When interviewing a child, the counsellor should assess and, if appropriate, discuss with the child the following issues:
(b) the health and emotional well-being of the child, including any special needs for care and treatment;
(c) the physical, psychological, social and economic needs of the child;
(d) education and training for the child;
(e) where appropriate, the views of the child;
(f) all emotional bonds that exist between the child and each person to whom the child's custody may be entrusted, each person to whom access to the child may be granted, and, where appropriate, each sibling of the child;
(g) the role of extended family and other significant persons in the child's life;
(h) the child's cultural and religious heritage, and current traditions or practices if they are substantially different from the past;
(i) the length of time each child has lived in a stable home environment;
(j) each parent’s home situation in relation to the child’s needs;
(k) the effect upon the child of any disruption of the child's sense of continuity.
(4) A counsellor should avoid asking a child directly to choose which parent they would prefer to live with, but in some circumstances it may be appropriate for the counsellor to ask older children how they would feel if the court made a custody or access order that favoured one parent over the other.
25(1) The counsellor must
(a) interview and assess each parent individually;
(b) interview and assess each current partner of a parent individually;
(a) observe each parent interact with his or her current partner in order to assess their relationship with each other;
(c) observe each parent and current partner interact with the child, separately and together, in order to assess their relationships with the child;
(d) spend equal amounts of time with each parent;
(e) take the same steps in gathering information from each parent.
(2) The counsellor should interview all other adults living with the child, separately and together, in order to assess their relationships with each other and the child.
(3) If it is not possible to interview or assess a parent, current partner or other adults as required under subsections (1) and (2), the counsellor must explain why in the written report.
(4) When interviewing a parent, the counsellor should assess and, where applicable, discuss the following issues:
(a) relationships between each parent and the child or other children;
(b) personal and marital histories of each parent;
(c) the parents’ relationship with their own parents, and their parents’ relationships;
(d) knowledge, skills and attitudes of each parent toward parenting;
(e) the permanence and stability of the family unit of each parent;
(f) presence or history of family violence;
(g) mental health or addiction concerns;
(h) presence or history of relevant criminal complaints or convictions;
(i) resources in support of any special needs of the child;
(j) parenting arrangements;
(k) attitudes about and relationships within the extended family and the community;
(l) ability and willingness to co-operate with and support a relationship between the child and the other parent;
(m) capacity to resolve difficulties in the child’s best interest;
(n) strengths and challenges of the individual as a parent;
(o) the parents’ and child’s support systems;
(p) the wishes of the parent;
(q) the parent’s capacity to exercise the rights and responsibilities associated with guardianship, custody and access.
26. A counsellor should assess and, if appropriate, discuss with the parents the following inter-parental factors:
(a) the effect that designating custody or primary care of the child to one parent would likely have on the other parent’s ability to exercise reasonable access to the child;
(b) the degree of support given by each parent figure to a healthy and ongoing relationship of the child with the other parent figures;
(c) the degree of inter-parental conflict.
27. A counsellor should assess and, if appropriate, discuss the following situational factors:
(a) the relationship by blood or through an adoption order between the child and each parent;
(b) the presence within the family of child neglect, abuse, domestic violence, substance abuse or other child protection concerns;
28 (1) The counsellor may interview persons as collateral sources of information, including people who the parents or the child view as significant, such as grandparents, other relatives who are closely involved with the family, teachers, physicians and other health care professionals.
(2) Before interviewing a collateral source of information, the counsellor must
(a) ask each parent to recommend persons, who know about a parent's parenting capacity and the parent/child relationship to be references,
(b) obtain the parent’s consent, preferably in writing, to have a reference provide the counsellor with personal information about the parent, the child or the family,
(c) ask the parents to tell their references that they may be contacted by the counsellor, and
(d) advise the parent that a reference will be contacted if the counsellor decides it would be beneficial to do so.
(3) The counsellor must advise each reference that
(a) they may be subpoenaed to a hearing to give evidence on the information or observations they have provided to the counsellor, and
(b) pursuant to the Personal Information Protection Act the information or observations they have provided to the counsellor may, on the written request of a parent or a reference, be released to that requestor.
Other sources of information
29(1) A counsellor may contact any other person who may be a source of personal information about the parent, the child or the family, but as a courtesy should do so with the parent’s consent to provide the counsellor with that information.
(2) If a parent refuses to consent to the counsellor contacting others persons to obtain personal information about the parent, the child or the family, the counsellor may nonetheless contact those persons without the parent’s consent and request the information.
(3) If a person who is a source of personal information about the parent, the child or the family declines to provide the information so requested, the counsellor must note that person’s decision in the final report.
30(1) A counsellor should cooperate and share information with other professionals who are qualified to work in the area of child custody and access to the extent that is authorized by the family, a court or the law.
(2) A counsellor may consult other professionals with specialized training and expertise in areas such as family violence, addictions or mental health.
(3) During a consultation with another professional, the counsellor may disclose otherwise confidential information about a child or parent to the extent such disclosure is permitted in the written contract or as may be required for the purpose of the consultation.
31(1) The counsellor must screen each parent to identify possible violence, power imbalances and control issues in the following areas:
(a) their relationship with each other;
(b) the effect of violence or power imbalances on their child;
(c) any acts of physical or emotional violence towards a child.
(2) The counsellor must clearly state in the final report that the parents have been screened for violence, power and control issues, and the outcome of the screening.
(3) If violence is a factor in the parents' relationship, the counsellor must present the history of that violence in the report, and in the context of parenting capabilities and impact on the child.
32(1) If during the course of doing an assessment a counsellor has a reason to believe that a child under 19 years of age has been or is likely to be neglected, physically harmed, sexually abused or sexually exploited or needs protection, the counsellor must report that belief to the Ministry of Children and Family Development or the police, as required by section 14 of the Child, Family and Community Service Act.
(2) If a counsellor makes a report pursuant to subsection (1), the counsellor should consult with child protection authorities in deciding whether or not to stop the assessment process until all issues regarding the apparent risk of harm to the child have been resolved.
(3) If the counsellor was appointed by the court under the Family Relations Act, and the Ministry of Children and Family Development or the police investigation concludes that there is reason to proceed with a child protection action or criminal charges, the counsellor must so inform the appointing judge.
(4) In the letter to the judge, the counsellor must indicate that because the child may need protection from the alleged offender, the report will not proceed until the protection or criminal hearing process has concluded.
(5) If the investigation yields inconclusive or unsubstantiated findings, the counsellor must continue the assessment but acknowledge in the final report that the Ministry of Children and Family Development or the police investigation was inconclusive.
Criminal record check
33(1) Canadian Police Information Centre (CPIC) records are not directly available to counsellors for the purpose of assisting with a custody and access report.
(2) If a counsellor believes a criminal record check would provide important information for the assessment, the counsellor may ask the parent in question to obtain a criminal record check and provide the result to the counsellor within a prescribed but reasonable period of time.
(3) If the counsellor does not receive the record from the parent by the prescribed deadline, that fact must be stated in the final report.
34(1) The counsellor must consider the child’s community as part of appropriate custody and access arrangements, including:
(a) the safety of the immediate home environment;
(b) day care or after-school care arrangements;
(c) religious, cultural and recreational supports;
(d) health and counselling resources.
(2) The counsellor should consider environmental factors ranging from economic to community support.
35(1) Because the notes and records a counsellor prepares during a custody and access assessment are subject to review by the parties on request or during a legal proceeding, a counsellor should ensure that the information and records obtained during an assessment are well maintained and reflect the process of the assessment.
(2) A counsellor should create a separate record of each meeting and contact with the parents and all other sources of information, and note the location, date, length of meeting, individuals in attendance, and substance of the meeting.
(3) In preparing notes or records, the counsellor must distinguish between the first hand information provided or observed and the counsellor’s subsequent reflections on that information.
(4) A counsellor should ensure his or her notes are concise but also provide enough detail to ensure accurate recall.
36(1) When preparing a custody and access report, a counsellor must
(a) present only information that is based on direct observation;
(b) state if the view of another person is being relied on;
(c) disclose any bias the counsellor may hold against either parent in relation to the custody and access of the child;
(d) ensure the report
(i) is clearly written,
(ii) avoids the use of legal or psychological jargon,
(iii) conveys an attitude of respect for all of the individuals involved,
(iv) is objective and based on facts,
(v) is balanced and does not engage in linguistic advocacy, and
(vi) avoids making predictions but makes comments on current status.
(2) If the counsellor presents information that is not based on direct observation but on the observations of another person, the counsellor should be prepared to identify who made the observation and its circumstances.
(3) Where possible, that is, where the integrity of the report can be preserved, counsellors should try and avoid damaging significant relationships.
(4) A counsellor should cross-check all statements made in a report, and must be able to substantiate each reported statement under cross-examination.
(5) A counsellor must not introduce new factual information in the assessment and recommendation section of the report.
37(1) A counsellor must ensure that the following topics are addressed in a comprehensive report:
(a) the counsellor’s academic qualifications, relevant training and experience, and professional registration;
(b) who ordered or requested the assessment;
(c) reasons for the assessment;
(d) sources of information considered during the assessment;
(e) the assessment process, including identifying the names of those interviewed, their relationship to the parties or child.
(2) A counsellor must ensure that the following information is summarized in a comprehensive report:
(a) personal, family, and marital histories;
(b) previous, present, and desired parenting or care-giving arrangements;
(c) assessment of each child and each parent or caregiver, including their strengths and weaknesses;
(d) issues of concern and how they have been addressed;
(e) factors such as family violence, addictions, and mental health that might affect the safety of the children or negatively impact the ability to parent, and how these have been addressed;
(f) procedures and assessment tools used;
(g) an assessment of the relationships among parents and children and among the adults and the basis for this assessment.
(3) A counsellor must ensure that the report identifies any area of agreement between the parents.
(4) If the report contains recommendations concerning custody or access, the counsellor must ensure that each recommendation meets the requirements of section 41.
(5) Appendix B contains a recommended template for a report.
38. The counsellor must:
(a) identify any assumptions made and disclose any biases in analyzing the gathered information;
(b) review impartially and consider all data collected in formulating the analysis;
(c) explicitly state or disclose the data used in reaching a conclusion or making a recommendation.
Reporting allegations
39(1) A counsellor should not provide an opinion in the report about the veracity of any outstanding criminal allegations against any parent to the assessment.
(2) A counsellor should present in the report any unproven allegation of sexual, emotional, or physical abuse only as a hypothesis relating to the issue of parenting capacity.
40(1) In cases in which domestic violence is alleged, or a pattern of domestic violence exists, the counsellor must consider the following in any resulting custody and access recommendations:
(a) risks to the safety and well-being of the child;
(b) effects of exposure to domestic violence on the child;
(c) safety of the abused parent (or caregiver) including a risk assessment or safety plan;
(d) available supports to the family.
(2) If a risk assessment report or safety plan has been prepared pursuant to the Child, Family and Community Service Act, the counsellor must consider and refer to that report or plan, as well as its findings or recommendations.
41(1) Depending on the terms of the court order or parental agreement, a counsellor may make a recommendation concerning custody and access, including the nature, duration, and intensity of parent-child contact, and whether contact will be in person, by telephone or written.
(2) If a counsellor intends to make a recommendation to the court, the counsellor
(a) must consider the factors listed in section 24 of the Family Relations Act, being
(i) the health and emotional well being of the child including any special needs for care and treatment,
(ii) if appropriate, the views of the child,
(iii) the love, affection and similar ties that exist between the child and other persons,
(iv) education and training for the child,
(v) the capacity of each person to whom guardianship, custody or access rights and duties may be granted to exercise these rights and duties adequately, and
(b) should acknowledge that the Court has the sole jurisdiction to make the final decision under that section of the Act.
(3) If a counsellor makes a recommendation, it must be
(a) supported by reasons that are based in the evidence collected during the assessment, and
(b) specific, clear, and practical, and
(c) tentative, rather than absolute, regarding predictions and outcomes.
(6) If no recommendation is made, the counsellor must explain why in the report.
(7) When only one parent is assessed (e.g. out-of-province referral), the counsellor must not make a recommendation unless it is made jointly with a person who is assessing the other parent.
42(1) Before finalizing the report and if the counsellor determines it would be appropriate and useful to do so, the counsellor may discuss the progress of the assessment, recommendations and reasons for them with the parents separately and, if requested, with their lawyers.
(2) The counsellor may use the parents’ response to the proposed recommendations as a source of additional information for the final report.
PART FIVE - DISTRIBUTION OF THE REPORT
43(1) When a counsellor has been ordered by the courts to prepare a report pursuant to section 15 of the Family Relations Act, the counsellor must follow the reporting requirements of that provision or as communicated to the counsellor by the court or the lawyers.
(2) Where a counsellor has prepared a report at the request of the parents, the counsellor must follow the arrangement for distribution of the report that the parents have established or has been communicated to the counsellor in writing.
(3) If no direction is given in accordance with subsection (2), the counsellor should distribute the report to the parents at the same time.
(4) Notwithstanding subsections (2) and (3), the counsellor may send the report to the parents’ lawyers, but if one parent is not represented by a lawyer, the counsellor may send the report to that parent at the same time it is sent to the other parent’s lawyer.
44. If a court date has been set for a hearing and the counsellor cannot deliver the report 30 days before that date, the counsellor must so inform the court (if the assessment is court-ordered), the parents and the lawyers in writing, stating the reasons for the delay and providing a new estimated completion date.
Letter to unrepresented parents
45. The counsellor must send a parent who is not represented by a lawyer a letter advising them of
(a) the opportunity to clarify the report content,
(b) the right to ask the counsellor to be present for examination at a court hearing, and
(c) the right to access information upon written request pursuant to the Personal Information Protection Act.
46(1) After the distribution of the report, a counsellor may meet with the parents separately or jointly and do one or more of the following:
(a) discuss the results of the assessment;
(b) provide an explanation of the process and a rationale for each finding or recommendation;
(c) allow the parents to ask questions;
(d) invite the parents to cooperate in an agreement and develop a plan based on the assessment findings;
(e) discuss the implementation of the plan.
(2) If a counsellor agrees to meet or meets with one parent for the purposes listed in subsection (1), the counsellor must extend an invitation to the other parent for a similar meeting.
(3) As part of a discussion of the implementation of the plan under clause(1)(e), the counsellor may discuss with the parents the need for subsequent reviews of the plan at regular intervals for a predetermined period of time.
Disclosure of notes
47(1) In the event that a parent or a reference requests that the counsellor’s notes and background material be disclosed to them, the counsellor must advise the requestor orally or in writing that:
(a) notes may not be a verbatim record of the interview or observation;
(b) notes are taken to assist the counsellor in recollecting the interview for the purpose of giving evidence at a court hearing, and that it is preferable to have the counsellor address the notes in court at the time of hearing of the custody or access matter;
(c) due to the complex and sensitive nature of the information gathered, notes and background materials are not disclosed in response to an informal request, but that a formal written request for disclosure can be made under the Personal Information Protection Act.
(2) The counsellor must ensure that information contained within the report notes will be evaluated and disclosed in accordance with the Personal Information Protection Act.
The following provides a framework to help a counsellor ascertain which parent(s)’ permission the counsellor requires before the counsellor interviews children in a custody or access dispute.
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The parents’ legal status re: the child to be interviewed
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The counsellor should seek permission needed from…
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Parent A has sole custody and sole guardianship
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Parent A: If only one parent has been granted custody and guardianship, then only that parent can give consent.
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Parent A has sole custody and Parent B has sole guardianship
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Parent A: While this scenario is probably not common, the custodial parent alone would have the legal authority to give consent.
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Parents share joint custody; Parent A has sole guardianship
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Parent A has sole custody; parents share joint guardianship
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Parent A: In general, the parents are required to consult with each other about important matters pertaining to the child, but in the event of a dispute, the custodial parent A will have the final say.
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Parents share joint custody and
joint guardianship
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Either parent: The bundle of rights and obligations remain shared as between the parents. As a matter of law either custodial parent can give consent, but as a matter of practice a counsellor should try to get the consent of both parents.
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COMMENT: If an older child is being interviewed by the counsellor, that child may be able to give consent without the need for parental consent. In such cases, the legal status of the parents’ relationship to that child would not be a determining factor. The counsellor should follow the guidance for obtaining the consent of a mature child as outlined in Bryce, G. “Obtaining Consent From Children”, 12:2 Insights at page 11.
Title page
In the Provincial/Supreme Court of British Columbia (state city)
Court File #:
Between Applicant/Plaintiff:
And: Respondent/Defendant:
Section 15 Family Relations Act
Custody and Access Assessment Report
Authority
Pursuant to the Order made by the Honourable Judge/Master/ Honourable
Justice____________ filed on the ______ day of _________20__, with respect to the custody and/or access of the following child or children:
Name: Born:
Name: Born:
Name: Born:
Counsel for the Applicant/Plaintiff:
Counsel for the Respondent/Defendant:
Person directed to carry out Investigation:
Date report completed:
Persons interviewed
That, in order to carry out this investigation, I have interviewed (indicate by telephone or in person interview) the following persons (state relationship to child or children and/or clients) and have reviewed the stated documents (list specific reports).
(sample)
Name/Relationship: Telephone/In Person
Name/Profession or Title: Telephone/In Person
Name/Profession or Title: Type of Report
Introduction
This section may include a brief court history including dates of appearances and any court orders, include the date the report was ordered and by whom as well as direction given by the court in regard to the nature or focus of the investigation.
Background
This section may include:
• Brief history of marital relationship including screening for relationship violence and outcome
• Present and past parenting arrangements
• Brief paragraph on each parents’ position for future parenting arrangements
The Family Relations Act Section 24 Criteria Considered
A. Health and Emotional Well Being
This section may include an assessment on physical, mental and emotional health, including adjustment to parents’ separation.
B. Views of the Child or Children
This section may include the child or children’s views of the parenting plan if appropriate.
C. Love Affection and Similar Ties
This section may include an assessment on the child or children’s relationship with each parent, siblings, significant others such as grandparents, uncles, aunts etc.
D. Education and Training
This section may include the child or children’s reports from school or day care. Address any special needs if applicable.
E. Parental Capacity
This section may include an assessment of each parents’ ability to provide for the child or children in relationship to the factors as set out above (A, B, C, D,). Assessment of the parents’ plan for self and child or children, description of the parent’s relationship with the other parent in relation to the child or children
Evaluation and Recommendation
This section should include an assessment of information already presented and a recommended parenting plan:
• Summary of the child or children’s needs based on Section 24 criteria;
• Assessment of the family situation and recommendation based on best interest of the child or children;
• Recommendation should be clearly outlined based on the counsellor’s assessment. If a recommendation is not made, the reason(s) why must be clearly stated in the report.
GUIDELINES
GUIDELINE FOR ETHICAL DECISION MAKING
Decision making in all areas of practice requires a consideration of the ethical principles. The BC Association of Clinical Counsellors believes that all practitioners need to continually:
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Be aware of the values governing their practice, including those required in the Code of Ethical Conduct and Practice Standards;
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Be aware of personal values, the values of others, and the implications for their professional practice.
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Assess how their personal and professional values interface in their professional practice.
In situations where the ethical solution appears to be ambiguous, or where values or interests conflict, the use of an ethical decision making process such as the one outlined below is appropriate. Sometimes a resolution may be reached quickly, whereas at other times the complexity of issues may require considerable deliberation and consultation.
The BCACC strongly encourages RCCs to seek professional consultation and emotional support during the process of making ethically difficult decisions.
An Ethical Decision Making Process
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WHO is involved? Identify:
- All the individuals and groups affected by the decision.
- The rights and interests of these individuals and groups.
- Any relevant characteristics of these individuals and groups.
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What is (are) the ethically relevant ISSUE(s)?
- Seek additional information as needed.
- In what context or circumstances did the issue arise?
- What legal, community, or societal standards are engaged?
- Are there applicable Ethics and Practice Standards, or Guidelines?
- Is there conflict between different values or the interests of different parties?
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SELF AWARENESS. Identify your own:
- Personal biases;
- Life stressors; and
- Personal interests;
That could affect the decision making process and the final decision.
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ALTERNATIVES
- Develop alternative courses of action. Consult with others as appropriate, remembering that sometimes this may include the parties directly involved. It may also include interdisciplinary team members.
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CONSIDER…
- The risks and benefits of each alternative on the individuals and groups involved, in the short and long terms, and on an ongoing basis.
- The values underlying each alternative.
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CHOOSE
A course of action, individually or collectively as appropriate in the situation. As part of this step, RCCs should take steps to address and acknowledge their feelings and intuitions about the issue. These steps could include:
- Checking in with and identifying the source of any internal uneasiness;
- Taking time to consider (“sleeping on it”);
- Finding quiet space to allow emotional material to become fully in awareness and to be processed;
- Reframing the situation in time – how does one want to remember having acted? What will the significance of the matter be in six months, a year, five years?
- Seeking feedback from several different perspectives if possible in the circumstances and if it can be done while also maintaining the various privacy interests involved;
- Asking for help;
- Accessing one’s emotional supports and resources. What is needed to stay centered and grounded in this situation?
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COMMIT and take action.
Individually:
Take all appropriate and necessary steps to ensure that the ethical issue is dealt with to the best of your ability.
As a group or organization:
Where the issue is a collective one the course of action chosen will often also require collective action. In this case one person should be given the overall responsibility for implementation.
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EVALUATE the results.
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Take RESPONSIBILITY
- For the consequences of the action.
- To correct so far as possible any negative consequences of the action.
- To re-engage in the decision making process if the issue remains unresolved.
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Prevent FUTURE OCCURRENCES
- Evaluate the organizational systems in which the issue arose in order to identify and remedy, if possible, the circumstances that may facilitate and reward unethical practices, e.g., poor communications, inadequate resources, restrictive policies, and arbitrary procedures.
- Evaluate which, if any, of your own behaviours or circumstances may have contributed to the development of the ethical issue and take appropriate steps to address these.
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Guideline for Ethical Decision Making
October 2008
GUIDELINES FOR ETHICS in SUPERVISION & TEACHING
A common theme in discussions of this topic is the recognition that within the counselling field, the goals of supervision/teaching can overlap with therapeutic goals. Another issue implicit in teaching/supervision is the power differential. This creates a unique set of ethical issues for supervisors and, to a lesser degree, for teachers(1). These issues can be roughly divided into five categories:
COMPETENCE
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supervisors have demonstrated competence in supervision as well as clinical competence in areas of instruction or supervision.
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supervisors need a clear understanding of the legal and ethical implications of a supervisory role with both students and clients.
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supervisors benefit from supervision of their supervision to assist them in monitoring the ethical issues.
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