Consent & Information Sharing - Children

POLICY: The Company deems individuals 18 years of age and older capable of consenting to service. Information about the service provided to individuals 18 years of age and older will not be released to a parent or any other person without the consent of the young person.

Service to children under the age of 18 will be provided with the consent of a parent or guardian who has the right to make decisions about the care of the child or children. Children will only be released to a parent or guardian who has custody of the children or on the instruction of the parent/guardian with such rights, to another individual. Information about service provided to children under age 18 will only be provided to a parent or guardian who has the right to have access to this information.

Company staff are neutral, unbiased third parties who do not take the side of either parent but work to focus on the child's best interests.

Procedures

Establishing Who Has the Right to Make Decisions

• The Company will determine the legal arrangements regarding custody, access, and decision-making for all children for whom a service request is made or to whom the Company delivers services.
• The determination of parenting arrangements (whether legally agreed-upon in a custody arrangement, by de-facto agreement, or by court order) is first made at intake. The information about who makes decisions on behalf of the child is recorded in the service request form (as reported by the person requesting service). Other issues related to decision-making, notably if there are difficulties with enforcement or if there is a parenting plan that is under review, will also be noted here.
• If the parent/guardian making the service request has the right to make decisions, the Company will accept the request for service directly for children.
• The right of the parent/guardian to make decisions should be confirmed at the time of the first appointment and on an ongoing basis (notably if there is a conflict situation).
• The Company will seek to involve the appropriate parent/guardian and as many parent/guardians as possible in service related to the child in accordance with the best interests of the child standard and being mindful of any issues related to the safety of the child and/or parent. The Company will work with the parents to discern the current family situation and to determine the best way to provide service and share decision-making and information.
• If a parent is entitled to access to the child, this parent also has the right to make inquiries and to be given information as to the health, education, and welfare of the child. The Company must determine the access rights of all parents involved and record this information in the client record.
• If no parenting plan or formal arrangement exists, staff will explain de facto custody and status quo and its implications as well as refer clients to independent legal counsel where appropriate.
• Staff may support a client in seeking independent legal counsel (e.g., to obtain an interim custody order).
• If there is any reason for concern or ambiguity about rights, the Company will strive to ensure that the organization has accurate and up-to-date information.

Sharing Information

In family situations with relatively open communications and positive relations, staff will ask the parent who requested the service for permission to contact the other parent(s). The parent's agreement will be noted in the client record.

In difficult or conflict family situations, employees will determine if contacting or informing the other parent(s) is in the best interests of the child and safe for everyone involved. Any concerns will be noted in the client record and serve to determine the course of action. If the employee identifies that a risk of imminent harm to the parent or the child exists, the action steps in Section 3 below will be followed.

If the parent who requested service does not want to share information with another parent who has access to the child:

• Employees will work with that parent to understand their viewpoint and assess whether there is any risk of harm to the child or to the parent.
• If there is no danger of imminent harm, the Company will explain the organization's obligation to give information and will provide the information to the other parent as per his/her legal rights.
• If the employee identifies that a risk of imminent harm to the parent or the child exists, the action steps in Section 3 (below) will be followed.

If the parent who requested service does not want to share information with another parent who does not have access to the child, the Company will accept this decision.

Acting When There is a Risk of Harm

• If there is reason to suspect that a child or a parent is at risk of harm (e.g., in danger of being abducted by a parent, risk of abuse), employees have a duty to alert all parties of the risk of imminent harm. Staff will follow the Abuse Reporting and Documentation Policy in such situations.
• If there is reason to suspect the child has been abused, staff will follow the Abuse Reporting and Documentation Policy.