B.C. ASSOCIATION
OF
CLINICAL COUNSELLORS

Code of Ethical Conduct
and
Standards of Clinical Practice
for
Registered Clinical Counsellors

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 Reir. 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

This document is posted on our website at: www.bc-counsellors.org

CODE OF ETHICAL CONDUCT

Preamble

Introduction

This document is intended to assist counsellors in maintaining a standard of practice which is professionally and ethically exemplary. Such a Code of Ethical Conduct requires a proactive stance in ethical matters rather than a reactive stance. The Code of Ethical Conduct herein provides general guidance based on fundamental ethical principles, but neither this nor any set of standards can deal with all possible situations that arise. This Code of Ethical Conduct should therefore augment-not replace-independent ethical reasoning.

Another purpose of this document is to assist in the adjudication of complaints against counsellors. 

The principles and standards herein focus on counselling with individuals, but apply equally to group work and other areas of concern. Counsellors are referred to more detailed discussions and standards with regard to these areas in the Reference section of this document.

Ethical Decision Making

Counsellors recognize their responsibility of being familiar with this Code of Ethical Conduct, while also recognizing their own personal and professional limitations. When a given situation or course of action presents an ethical dilemma which cannot be resolved by reference to these or other appropriate standards, counsellors normally consult with knowledgeable colleagues or other authorities. The use of decision making models such as the following is also strongly recommended:

1. Identification of ethically relevant issues and practices.
2. Development of alternative courses of action.
3. Analysis of likely short-term, ongoing, and long-term risks and benefits of each course of action on the individual(s)/group(s) involved or likely to be affected.
4. Choice of course of action after examination and application of existing values and standards.
5. Action, with a commitment to assume responsibility for the consequences of the action.
6. Evaluation of the course of action.
7. Assumption of responsibility for consequences of the action, including correction of negative consequences in any and if possible, or re-engaging in the decision making process if the ethical issue is not resolved.

Code of Ethical Conduct

The following sections contain fundamental ethical principles upon which ethical standards are based, and from which ethical decision making may proceed. The principles highlight issues basic to ethical counselling practice. They have no assigned weight or predominance, but are all to be considered together with the particular circumstances of a given situation. 

1. RESPECT FOR THE DIGNITY AND RIGHTS OF PERSONS

Principle

Counsellors respect the dignity and worth of people by treating each person as a person or an end in him/herself, rather than as an object or as a means to an end.

Respecting Diversity

Counsellors actively work to understand the diverse cultural background of clients with whom they work, and do not condone or engage in discrimination based on age, colour, culture, ethnicity, disability, gender, religion, sexual orientation, marital, or socioeconomic status. (This is adopted from the Code of Ethics, Canadian Counselling Association (1999), Counselling Relationships, B9.)

The counsellor's primary responsibility is to the individual(s) directly receiving or involved with the counsellor's professional activities, that is, the client. This responsibility is normally greater than the responsibility to those indirectly involved.

The counsellor-client relationship is primary, and tends to overrule other obligations except where the condition, nature, or statements of the client present a clear and present danger to the welfare of others.

The counsellor is committed to his/her own self-awareness and uses it to protect the client from the intrusion of the counsellor's personal needs and/or issues into the counselling relationship at the expense of the client's needs.

The counsellor treats colleagues and all other persons with whom s/he interacts in a professional capacity with respect, honesty and fairness.

If the values of the counsellor conflict with those of the client, the counsellor will so advise the client and provide the option of referral to another counsellor.

Counsellors, as members of the community in which they live and work, consider the rights and safety of others and act so as to support those considerations.

2. INFORMED CONSENT

Principle

Counsellors uphold client 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.

Voluntary Clients

The client is the primary decision-maker as to the direction of a therapeutic undertaking. Clients have the right to accept or reject any task, exercise, or procedure suggested by the counsellor, and to be apprised of the rationale for, risks, benefits, alternatives to and interpretations of any and all counselling interventions. The client has a right to know of avenues of recourse in cases of disagreement on any aspect of the counselling relationship, to terminate the relationship to his/her satisfaction and to receive appropriate referral to other resources as needed. The counsellor also considers pertinent legislation regarding the competency of minors in determining their own treatment.

Involuntary or Non-competent Clients

Under legal or medical circumstances where informed consent cannot be given or assumed, a duly empowered Substitute Decision Maker (SDM) may be making decisions normally made by the client. In these conditions the counsellor acts in such a way as to promote the opportunity for the greatest possible degree of client self-realization compatible with legal and ethical obligations towards others.

The counsellor respects the ongoing right of client informed consent at the outset of the counselling relationship and at all times during the relationship.

The counsellor recognizes a client's right of access to all relevant records which are generated in the counselling relationship, unless that access would demonstrably and directly harm the client in a clinical sense, or if the legitimate interests of third parties are threatened.

Counsellors may choose to consult with a professional colleague about a client, where possible with the client's informed consent. In consultation, the client's identity is protected and the consultant is not placed in a conflict of interest position.

3. COMPETENCE

Principle

Counsellors, like all professionals, must be capable of delivering the services they offer. However, the fiduciary nature of the counsellor-client relationship (i.e. based on trust and faith) renders the issue more crucial. Counsellors therefore must pursue excellence in a life-long commitment to optimize their professional competence, as embodied in the qualities of knowledge, ability, experience and judgment.

Counsellors recognize the boundaries of their competence and only provide services, use techniques, or accept employment positions for which they are qualified by training or experience.

When the needs or issues of a current or potential client exceed the ability of a counsellor to be of professional assistance, the counsellor discusses the issue with the person and offers a referral to appropriate alternatives. If the referral is declined, the counsellor may decline to initiate or continue the counselling relationship.

Counsellors must recognize when and if their personal issues are interfering with their ability to be of professional assistance to a current or potential client. Under these conditions the counsellors takes appropriate steps which may include consulting, client referral, and personal therapy.

The counsellor influences the development of the profession by continuous efforts to improve the professional practices s/he undertakes. Counsellors are committed to availing themselves of continuing Competency opportunities.

Counsellors investigate and take into account new legislation which may have an impact on their work, and communicate such knowledge to colleagues and clients as needed.

In selecting tests or assessment tools for use in a given situation, the counsellor carefully considers validity, reliability and appropriateness. The counsellor ensures that all testing is appropriately supervised and debriefed with clients, except for tests which are designed for self-administration and scoring.

4. CONFIDENTIALITY

Principle

The assurance of privacy is an important factor in facilitating the therapeutic alliance between counsellor and client, since the fiduciary nature of the counsellor-client relationship places the client in a position more vulnerable than that of the counsellor.

Counsellors respect and uphold client rights to privacy regarding all content and records of counselling sessions, up to legal and practical limits.

Counsellors ensure that any information involving clients or research subjects which is presented publicly in any form is presented so as to adequately protect the identity and dignity of the clients or subjects described.

The counsellor maintains the confidential nature of stored or disposed records and determines the locus of ultimate responsibility for such records in her/his work setting. When disclosure of confidential information is required by law or in an ethics investigation, the counsellor makes all reasonable efforts to inform the client prior to actual disclosure and to maximize confidentiality in the new situation.

Counsellors recognize the legal limits to confidentiality and ensure that clients understand those limits at the outset of and at all times during the counselling relationship.

If a client's condition or statements indicate that the client poses a clear and present danger to others, the counsellor takes reasonable personal action in the interests of public safety. Client informed consent is maintained unless this would compromise safety considerations.

5. INTEGRITY

Principle

Counsellors aspire to embody the qualities of professional integrity, i.e. honesty, fairness and trustworthiness. 

In situations where ethical obligations are more stringent than legal ones, the counsellor aspires to meet ethical obligations.

Counsellors recognize their duty to cooperate fully if required by an ethics investigation brought by their professional affiliation.

When information is possessed that raises doubt as to the ethical behavior of a professional colleague, the counsellor consults the colleague in question. If doubts persist and no action is taken by the colleague, the counsellor reports the situation to appropriate authorities.

The counsellor accurately presents and applies her/his professional qualifications, experiences and knowledge, and corrects any misrepresentations or misunderstandings arising thereof, or of which s/he becomes aware.

Counsellors recognize that objectivity, professional judgment and client needs may be compromised by the existence of dual relationships with clients, and take steps to avoid or terminate such relationships by referral to appropriate alternatives.

Counsellors who are engaged in a work setting that calls for any variation from these standards make the variation known and either arrange for an ethically appropriate compromise or are prepared to seek other employment.

Counsellors respect the counsellor-client relationships of their colleagues, and do not provide professional services to someone already in a counselling relationship with another counsellor or therapist without first consulting the colleague in question.

In establishing fees for professional counselling services in private practice, the counsellor considers prevailing fee structures for other counsellors of similar qualifications in the community, as well as the financial means of clients. Where the fee structure is inappropriate for a client, the counsellor refers the client to comparable services of acceptable cost.

Acknowledgments

The B.C. Association of Clinical Counsellors acknowledges the following for contributions to this document:
Canadian Psychological Association (1992). Code of Ethics.
American Counselling Association (1988). Ethical Standards.
American Psychological Association (1992). Code of Ethics.
Kluge, E. (1993). Report to the B.C.A.C.C. Ethics Committee.
Canadian Counselling Association (1999), Code of Ethics, Counselling Relationships, B9

References

The following contain focused and specialized guidelines which counsellors may consult:
Edelwich, J., & Brodsky, A. (1991). Sexual dilemmas for the helping professional (Revised and Expanded ed.) New York: Brunner/Mazel.

Association for Specialists in Group Work (1989). Ethical guidelines for group counsellors.

Medical Research Council of Canada (1987). Guidelines on research involving human subjects. Ottawa: Minister of Supply and Services.

American Psychological Association, Office of Ethnic Minority Affairs (1993). Guidelines for providers of psychological services to ethnic, linguistic, and culturally diverse populations. American Psychologist,
48(1), 45-48.

Turner, D., & Uhlemann, M. (Eds.). (1991). A legal handbook for the helping professional. Victoria, B.C., Canada: The Sedgewick Society for Consumer and Public Education.

May 27, 1994
Amended 98/09/08
Amended March 2001
Amended March 2004

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B.C. Association of Clinical Counsellors

CONSENT TO CLINICAL COUNSELLING
AND USE OF PERSONAL INFORMATION

Practice Standards and Model Language

Approved by the Board on March 19th, 2005

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 B.C.A.C.C. 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 B.C.AC.C.'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.¹ 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.²

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.

¹ As it is highly unlikely that a clinical counsellor will be providing counselling services to a client who is incapable or unable to give informed consent, this standard will not address the requirements for obtaining substitute consent. Counsellors who do find themselves in such a situation should obtain independent advice before proceeding.
² Bryce, G. "Obtaining Consent from Children", 12:2 Insights at 11, 12 & 20 (Summer 2000), see also Bryce, G. & M. Sandor "Consent for Counselling Children during Marital Breakdowns", 13:3 Insights at 12 to 14, 25 to 26 (Winter 2002). Both articles are also posted at the B.C.A.C.C. website.

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 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:

1. 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,
2. 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,
3. the client does not decline, within the time allowed under paragraph (b), the proposed collection, use or disclosure, and
4. the collection, use or disclosure of personal information is reasonable having regard to the sensitivity of the personal information in the circumstances.

The PIPA codifies much of what is probably common clinical practice for most counsellors, so it should hopefully not result in substantial changes to many counselling practices. For further guidance with PIPA, a counsellor in private practice should consult the B.C.A.C.C.'s detailed practice guidelines on complying with this legislation.

CONSENT FORM CONTENTS

The B.C.AC.C. 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 B.C.A.C.C. 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,³ the possible reporting of risk of serious harm to self or other,⁴ 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 B.C.A.C.C. 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.

³ Bryce, G. "Reporting Suspected Child Abuse or Neglect: An Exception to a Counsellor's Duty of Confidentiality", part 1 @ 11:2 Insights at 9-10 (Summer 1999), and part 2 @ 11:3 Insights at 10-11 (Winter 1999). This article is also posted at the B.C.A.C.C. website.
⁴ Bryce, G. "A Counsellor's Duty to Warn Foreseeable Victims of a Client's Violence", 14:1 Insights at 10 to 12, & 25 (Spring 2002). This article is also posted at the B.C.A.C.C. website.

MODEL LANGUAGE
CONSENT TO CLINICAL COUNSELLING
AND USE OF PERSONAL INFORMATION FORM

NOTE:  This form is intended as a model for both of the scope and the type of language, which should be used in a counselling consent form. Each counsellor, however, not only may but is encouraged to make changes in the form that reflect her or his particular professional practice and therapeutic orientation. This is especially true of the first paragraph, which should briefly set out any specific benefits and risks inherent in the counsellor's particular mode(s) of working.

It is recommended that counsellors use a separate form for consent to disclose information in other situations than those listed below, such as for use in a case presentation or in any reports to be sent to third parties, including organizations which may be funding the client.

NAME OF COUNSELLOR
Registered Clinical Counsellor (Reg. # ??)
MAILING ADDRESS
OFFICE PHONE
OFFICE FAX (optional)
OFFICE EMAIL (optional)

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

Personal information gathered in the course of counselling will be used in accordance with the purposes outlined in the paragraph above and will not be disclosed except as follows.

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:

1. if a child is or may be at risk of abuse or neglect, or in need of protection;
2. if a counsellor believes that you or another person is at clear risk of imminent harm;
3. for the purpose of complying with a legal order such as a subpoena, or if the disclosure is otherwise required or authorized by law.

The counsellor may also disclose information for the purpose of a professional consultation, in which case your identity will remain confidential.

If you have any questions or concerns about how B.C.'s Personal Information Protection Act or the counsellor's personal information policies and procedures apply, please ask.

Reviews, referrals and ending

In counselling, it is your right at any time to:

1. have a review of your progress and of any of the topics in this form;
2. be provided with a referral to another counsellor or health professional;
3. withdraw consent for the collection, use, or disclosure of your personal information, except where precluded by law;
4. end the counselling relationship by so advising the counsellor;
5. 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 B.C. 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
Approved Board of Directors March 19th, 2005

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B.C. Association of Clinical Counsellors
PAYMENT FOR CLINICAL COUNSELLING SERVICES

Practice Standards and Model Language

Approved by the Board of Directors, March 19th, 2005

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 B.C.A.C.C. 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 B.C.A.C.C. has produced a recommended fee schedule that counsellors can use to set their fees; those recommended fees are not part of these standards.

PAYMENT FOR CLINICAL COUNSELLING

In the B.C.A.C.C.'s Code of Ethical Conduct, principle #5 (Integrity) states: ”Counsellors aspire to embody the qualities of professional integrity; i.e. honesty, fairness and trustworthiness.” Later under this same heading, the Code states: ”In establishing fees for professional counselling services in private practice, the counsellor considers prevailing fee structures for other counsellors of similar qualifications in the community, as well as the financial means of clients. Where the fee structure is inappropriate for a client, the counsellor refers the client to comparable services of acceptable cost.”

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.

B.C.A.C.C. 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 B.C.A.C.C. recommends that the following information be considered for inclusion in any payment agreement the counsellor may establish with a client:

1. The counsellor's name, academic qualification(s), professional membership in B.C.A.C.C. and professional registration number, mailing address, phone number and other contact information.
2. The client's name, mailing address, phone number and other contact information.
3. 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.
4. 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).
5. The client's responsibility to inform the counsellor in advance of missed sessions and how the client can so inform the counsellor.
6. 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.
7. The counsellor's policy concerning charging for appointments where the client is late.
8. 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.
9. 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.
10. 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.
11. 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.).
12. 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 B.C. Association of Clinical Counsellors at 1-800-909-6303.
13. The client's name and signature, and the date that the payment agreement was signed by the client.
14. 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 B.C.A.C.C. 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
Practice Standards and Model Language
Approved by the Board of Directors
March 19, 2005

DRAFT MODEL LANGUAGE
PAYMENT AGREEMENT

The following is language a counsellor can use in preparing a payment agreement. However, counsellors should amend this model agreement to suit their clinical practice or the particular financial situation of the client and, in particular, to reflect their particular fees and payment/collection policies.

This model language should not be relied on as providing a counsellor with legal advice. 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.

NAME OF COUNSELLOR
Registered Clinical Counsellor (Reg. # ??)
MAILING ADDRESS
OFFICE PHONE
OFFICE FAX (optional)
OFFICE EMAIL (optional)

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.
   
   

   Fees

2. (1) I understand that the counsellor will charge me [$00.00 per 1 hour session] for clinical counselling and related services, including GST/plus GST [if applicable].

   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 evidence by my signature below, I agree to pay the counsellor this fee [these fees] on the terms and conditions set out in this agreement.
   (3) I understand and agree that the term "fee" used in the rest of this agreement means the fee, disbursement, taxes, or interest charges that may apply, including a cancellation fee.
   

   Missed appointments

3. (1) I understand that I am responsible for notifying the counsellor at the contact number above at least [24 hours] in advance of a scheduled appointment if I will miss that appointment.
   (2) As evidenced by my signature below, I agree that if I do not give at least [24 hours] advance notice to the counsellor, I will pay the counsellor a cancellation fee equal to the amount I would normally have been charged for attending that appointment.
   
   

   Late arrivals

4. I understand that if I am late arriving at the counsellor's office and therefore attend only a part of a scheduled appointment, that I am nonetheless responsible to pay the counsellor the full fee that would be charged for the total time of that appointment.
   

   Receipts

5. (1) I understand that after I pay for the clinical counselling services provided me, the counsellor will issue me a receipt acknowledging payment.
   (2) I further understand that if a third party is paying the counsellor for the services that I am receiving, the counsellor may issue a receipt to that party instead of me.
   

   Health plan reimbursements

6. (1) I understand and agree that I am solely responsible for confirming the scope of coverage of, and for seeking reimbursement for the cost of clinical counselling services from, any insurance, pension, benefit or similar plan of which I am a beneficiary or have an insured interest.
   (2) I further understand that should my health plan not reimburse me for the full cost of the clinical counselling services that I have paid to the counsellor, I remain responsible for those additional costs and the counsellor will not refund me the difference.
   

   Payment by third parties

7. (1) If a third party is paying the counsellor for the clinical services provided me by the counsellor, I agree to facilitate that direct payment to the counsellor.
   (2) I further understand that should the third party not pay the full cost of the clinical counselling services that have been provided by the counsellor, I will be responsible for those additional costs.
   

   Unpaid fees

8. (1) I agree to pay the counsellor the fee for each session immediately following that session OR I agree to pay the counsellor for the counselling services received within 30 days of receipt of a monthly statement.
   (2) I further understand that if the counsellor does not receive such prompt payment, the counsellor may initiate legal proceedings against me for the amount of the unpaid fee plus any interest charges noted on the statement and do so without further notice to me.
   

   NOTE: This language can be modified if the counsellor's practice is to assign an unpaid debt to a collection agency or to immediately file a claim in Small Claims Court. If the counsellor's practice is to also issue a warning letter, that step should be added to this section.

   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 B.C. 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

_________________________________
Date signed

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 judgements 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, showing the current year sticker, in a prominent place in their office or therapy room. Such certificate shall be removed from display upon resignation or termination of registration.

Acknowledgements

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
   1. Relevant education, training, professional credentials and membership, and experience.
   2. Past and/or present expert witness designation of writer.
   
   
2. EXPLANATION OF REPORT
   1. Who requested or ordered the report and why.
   2. Purpose of report - including whether it is an assessment and/or treatment summary.
   3. Task of writer.
   4. Names, birth dates, and addresses of subject parties.
   
   
3. SOURCES OF INFORMATION
   1. 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).
   2. Includes the relationship of all sources to the subject parties of the report.
   3. All personal sources of information must be informed at the outset of limits to confidentiality.
   4. Only writers duly qualified should interpret other relevant assessments. In most cases, it is better to attach copies to the report of such assessments.
   5. 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.
   6. For reports involving contending parties, sources of information must be equitably balanced.
   7. Facts, observations, impressions, and opinions must be clearly differentiated in notes.
   
   
4. BODY OF REPORT
   1. Presented in orderly manner in compliance with court's directive and writer's style.
   2. Interpretations must be identified as such and supported by information obtained in the investigation.
   3. 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
   1. Involves summary of salient information and writer's assessment of relevant issues.
   2. Recommendations for the court's consideration in view of the writer's conclusions.
   3. 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.

BC ASSOCIATION OF CLINICAL COUNSELLORS

STANDARDS OF PRACTICE

Child Custody and Access Assessments and Reports

Table of Contents

BC ASSOCIATION OF CLINICAL COUNSELLORS

STANDARDS OF PRACTICE

Child Custody and Access Assessments and Reports

Approved by the Board on October 22, 2005

INTRODUCTION

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.

GUIDING PRINCIPLES FOR REPORT WRITING

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:

TERMINOLOGY

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.

Best interest of the child

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.^[5]

(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.

Counsellor's duty

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.

Informed consent (children)

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.

Informed consent (adults)

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.^[6]

(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.^[7]

(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.

Knowledge, skills and abilities

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.

Contracting

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.^[8]

(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.

Content of a contract

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.

Financial arrangements

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.

Higher than anticipated costs

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.

PART TWO - UNDERTAKING AN ASSESSMENT

Pre-assessment meeting

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.

Consulting the parents re: scope

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).

Gathering information

14(1) A counsellor must

(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).

Information provided by parents

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.

PART THREE - ASSESSMENT AND ISSUES

Focused assessment

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.

Comprehensive custody and access assessment

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.

General principles

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.

Interview or observation of the child

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 counselor should then observe the child with the parents and siblings.

(4) If a counselor decides that it is not in the child's best interests to interview or observe the child, the counselor must clearly state the reasons for that decision in the report.

Interview or observation of the children of the family

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 counselor should interview or observe the children of the family separately and together without the parents to assess the sibling relationship.

(3) If a counselor decides that it is not in a child's or the children's best interests to interview or observe them separately or together, the counselor must clearly state the reasons for that decision in the report.

Interview or observation at home

23(1) The counselor 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 counselor decides that it is not in the child's best interests to interview or observe the child at home, the counselor must clearly state the reasons for that decision in the report.

Child assessment

24(1) The counselor 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 counselor must clearly state the reasons for that decision in the report.

(3) When interviewing a child, the counselor should assess and, if appropriate, discuss with the child the following issues:

(a) the personality and character of the child;
(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 counselor 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 counselor to ask older children how they would feel if the court made a custody or access order that favoured one parent over the other.

Parent and partner assessment

25(1) The counselor 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 o