2. The issues to be addressed in the VCR process shall be presented to the VCRP by the parties or by the lawyers representing the parties, and shall be agreed upon prior to the VCRP meeting with the child(ren).
3. The parties consent to the presence of language interpreters, interns or assistants for the purposes of professional training. All such observers and/ or participants are bound by the terms of confidentiality outlined in this agreement.
4. The VCRP shall not be liable to any person for any act or omission in connection with any VCR conducted under this agreement.
The parties indemnify the VCRP from any claims arising out of any agreements entered into during or following this process whether the parties have obtained legal advice or not.
CONFIDENTIALITY
The VCRP shall keep confidential all information prepared for the VCR session(s), or provided, disclosed or exchanged during or for the purpose of the VCR session(s). The following exceptions apply:
a) the VCRP must report any suspicions that a child/ youth may be in need of protection under The Child, Youth and Family Services Act;
b) the VCRP must disclose where there are reasonable grounds to believe that there is a real or perceived threat to any person’s life or physical safety;
c) the VCRP may disclose information where any party makes a claim or complaint against the VCRP, their trainee(s), or their staff;
d) the VCRP may speak to a third party where an individual consents to the disclosure of their own personal information;
e) the VCRP may talk and/ or write about the case for research or educational purposes without using any identifying information;
f) on written consent.
7. The parties shall not summons nor otherwise require the VCRP to testify or produce records or notes in any current or future civil proceedings.
8. The parties shall not challenge or question the child(ren) with respect to information shared with the VCRP.
9. The parties shall not interfere with the VCR process, influence the children, or reward or discipline the child(ren) for the child(ren)'s views and preferences expressed to the VCRP.
THE PROCESS
10. Participation in the VCR process is voluntary. The parties, the VCRP and/ or the child(ren) may withdraw from the process at any time, and are not required to provide a reason for withdrawal.
11. The parties understand that in order to enhance the VCR process, the parties shall communicate honestly, be open to feedback, and create the time and energy to participate fully in the program. The parties agree to provide all information and documentation requested by the VCRP in order to enable fulsome conversations.
12. Ideally, the VCRP will meet with the child(ren) a minimum of three (3) times. The VCRP will preferably meet with the child(ren) once in each parent’s care, and one other time to review the VCR with the child(ren).
13. Interactions between the parties and the VCRP, and between the child(ren) and the VCRP may occur in-person, via video conferencing, phone calls, and/ or emails.
14. Unless otherwise agreed by the VCRP and the child(ren), interviews with the child(ren) will be held in private.
15. The VCRP shall only release information that the child(ren) authorize(s) to be released.
16. The time, duration and location of the VCRP’s meetings with the child(ren) shall be determined by the VCRP (or designate) and the parties, while taking into consideration the regular schedule of the child(ren). Appointments shall typically be between 9am and 5pm from Monday to Friday.
MENTAL HEALTH CARE DIFFERENTIATION
17. The parties understand that the VCRP is acting in their capacity as a VCRP and is NOT acting as a mental health care provider (e.g. psychotherapist, counsellor). The VCRP is not providing counselling or therapy, and a VCR is not a substitute for mental health care. If during the course of VCR, the VCRP expresses an opinion or comments on an issue, the parties acknowledge that the opinion or comment is not to be construed as assessing, diagnosing, or treating any known or unknown mental health conditions.
18. The parties acknowledge that the VCR does not involve the assessment, diagnosis or treatment of mental health, and that the VCR is not to be used as a substitute for mental health care (e.g. psychotherapy, counselling, etc), treatment of addictions, or other professional advice by legal, medical or other qualified professionals. It is the parties’ exclusive responsibility to seek such independent professional guidance as needed.
19. If the child(ren) is currently under the care of a mental health professional, it is recommended that the parties promptly inform the mental health care provider of the nature and extent of the VCR process and provide authorization for the mental health care provider and the VCRP to communicate.
BILLING
20. Billable services in the VCR process include but are not limited to:
a) all in-person meetings at a rate of $150 per hour;
b) mileage at a rate of $0.58 per kilometer;
c) travel at a rate of $50 per hour;
d) email correspondance;
e) document review;
f) document preparation;
g) reserach;
h) any other VCR-related services outside of appointments.
21. The parties shall pay all fees prior to the VCR being released to the parties and/ or to the parties’ lawyers.
22. The parties remain obligated to pay the VCRP’s fees regardless of whether or not the child(ren) authorize(s) the release of information.