What's been the court testing of that? I've seen lots of therapists who try and
have parents sign all sorts of "contracts" that would be voided by a court for
multiple reasons (frankly if you could sign away your right to sue people my
hospital would have me signing something like that every time I go in). I've
seen cases where therapists get court-ordered "safe haven" provisions but
that's a different animal than asking a parent to waive a right they may not
fully understand the implications of, and which may not, due to public policy,
BIOC issues, etc. actually be waive-able.
Texas is fortunate because we have good statutes to back up our practice, and I
couldn't imagine being able to truly promise confidentiality in a legal
proceeding without them (both mediation and collaborative law).
Aaron Robb, M.Ed., NCC, LPC-S
Forensic Counseling Services
http://www.texascounseling.org ;
8553 N. Beach St. #335, Keller, TX 76248
(metro) 817-239-3828, Fax 940-343-2601
We are all capable of believing things which we know to be untrue, and then,
when we are finally proved wrong, impudently twisting the facts so as to show
we were right. Intellectually, it is possible to carry on this process for an
indefinite time: the only check on it is that sooner or later a false belief
bumps up against solid reality, usually on a battlefield. -George
Orwell “In front of your nose” 3/22/1946
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________________________________
From: Darcy A. Shoop <dshoop@xxxxxxxxxxxxxxxxx>
To: CollabLaw@xxxxxxxxxxxxxxx
Sent: Friday, January 23, 2009 9:14:05 AM
Subject: RE: [CollabLaw] Confidentiality/ Privilege for MHP in Collaborative
Practice
In our jurisdiction, most coaches have the clients sign a confidentiality
agreement that states they cannot be called to testify.
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________________________________
From: CollabLaw@yahoogrou ps.com [mailto:CollabLaw@ yahoogroups. com] On Behalf ;
Of Debra Bellings-Kee
Sent: Thursday, January 22, 2009 8:42 PM
To: CollabLaw@yahoogrou ps.com
Subject: [CollabLaw] Confidentiality/ Privilege for MHP in Collaborative
Practice
Hello All,
I am part of a panel (2 attorneys, a financial neutral and me, the
MHP) presenting at CP-CAL's annual forum on the topic of
confidentiality and privilege in collaborative practice.
I would love to hear how others analyze this issue in their own
jurisdictions/ practice groups or whether any one is aware of any
legal cases that speak to this issue.
Coaching is currently an unregulated profession in California and
while we need to be licensed MHP's (pursuant to the IACP ethical
guidelines)to practice as a coach in the collaborative setting, we
may not have the protection of the privilege statute should we be
called to testify in a subsequent litigation when a collaborative
case falls out of collaboration!
Thank you in advance for any insight!
Warmly,
Debbie
Debra Bellings-Kee, MFT, JD
Collaborative Coach/Child Specialist
1030 Sir Francis Drake Blvd.
Kentfield, CA 94904
(415) 454-8408
www.debrabellingske e.com
