This policy provides guidelines for the involvement of our pediatric therapy clinic in custody cases, with a focus on maintaining the privacy of the child client, protecting the therapeutic alliance, and ensuring the integrity of our services.
1. Release of Clinical Notes
Our clinic takes the privacy and confidentiality of our patients and their families very seriously. In compliance with applicable laws (e.g., HIPAA), we will not release any patient records, including therapy notes, without proper authorization.
Specifically:
**Without a Court Subpoena** We will not release any clinical records or documentation related to the patient’s treatment unless we receive a valid, signed release from the patient or legal guardian.
**With a Court Subpoena** If a valid subpoena is issued by the court, we will comply with the legal request and provide the requested records. The patient/guardian will be informed of this release in writing. We will make every effort to release only the information required by the court, and we will discuss with the family the potential impact of such releases on the therapeutic process.
2. Involvement in Custody Cases
Tosa Pediatrics Therapies primary focus is the therapeutic care of our patients, and we are committed to maintaining a strong and supportive therapeutic alliance with each child and their family. Therefore:
**No Active Involvement in Custody Cases** Our therapists will not serve as expert witnesses, provide testimony, or become involved in custody disputes or proceedings unless formally subpoenaed by the court.
**Preserving Therapeutic Alliance** We prioritize the emotional and psychological well-being of the child. Participation in custody disputes or legal matters threatens to disrupt the therapeutic alliance, and therefore, we aim to limit our involvement to ensure the child’s treatment remains uninterrupted. Our role is strictly limited to providing clinical care, and we will avoid offering opinions or engaging in legal matters unless formally requested by the court.
**Neutral Role** Our clinic and our therapists remain neutral in all legal matters, focusing solely on the therapeutic care of the child.
3. Fees for Legal Involvement
Should a situation arise in which our clinic is required to participate in a legal matter, including providing testimony, preparing documents, or attending court hearings, the following fees will apply:
**Hourly Rate for Testimony** $750 per hour charged in 15 minute increments for time spent preparing and testifying in court which includes review of case materials and travel.
**Consultation Fees** Any time spent in consultation with attorneys or other legal professionals will be billed at the hourly rate of $300.
4. Maintaining Confidentiality and the Therapeutic Process
**Confidentiality and Privacy** Our clinic upholds the confidentiality of the child client in all aspects of therapy. We will not disclose any information shared in therapy without the consent of the guardian or a court order, acknowledging the legal exceptions related to mandatory reporting laws.
**Therapeutic Integrity** We acknowledge that a child’s therapeutic relationship is central to their well-being. We will work diligently to minimize any disruption to the treatment process when legal proceedings may intersect with therapy. Our priority is to protect the therapeutic alliance and provide a safe, consistent space for the child to receive care.
5. Discretion and Professional Judgment
Tosa Pediatrics Therapies maintains discretion over whether we will be involved in a particular legal matter. This decision will be made based on the specifics of the case, the impact on the patient’s treatment, and the potential effects on the child’s overall well-being.
6. Policy Updates
This policy may be updated periodically. Any changes to this policy will be communicated to patients and guardians as necessary.
By signing below, the patient or legal guardian acknowledges understanding and acceptance of the terms outlined in this Custody Case Involvement Policy, including our commitment to maintaining the child’s privacy and the integrity of the therapeutic relationship.