Order for child counseling and appointment of counselor


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NameOrder for child counseling and appointment of counselor
A typeDocumentation

CAUSE NO. ___________________________________


IN THE INTEREST OF:
___________________________________________________

A CHILD/CHILDREN

IN THE _______ JUDICIAL DISTRICT COURT
_________________ COUNTY, TEXAS


ORDER FOR CHILD COUNSELING AND APPOINTMENT OF COUNSELOR

THIS CAUSE having come before this Court and this Court having reviewed the file and being otherwise fully advised in the premises this Court finds that there is good cause shown for appointment of a counselor and that such an appointment is in the best interest of the children in this cause. The Court finds that all parties have knowledge of this order; and each party has the ability to comply with its terms.

IT IS THEREFORE ORDERED that _________________________________________

[Counselor’s name & contact information]

is appointed to counsel with ___________________________________ [child(ren)’s name(s)].

All parties are ORDERED to contact the counselor within seven business days of the signing of this order, to provide a copy of this order to the counselor, and to schedule an initial appointment. All parties are ORDERED to provide their completed intake paperwork to the counselor as directed by the counselor. In the event a mutually agreeable appointment time cannot be set, the counselor shall select a date for the initial appointment and all parties are ORDERD to cooperate with the counselor in scheduling and appear with the child(ren) as directed by the counselor.

IT IS FURTHER ORDERED that the counselor may meet with the child(ren) individually, jointly with siblings, with one or both parents, or with other household or family members as they deem appropriate. Each party shall fully cooperate and participate in the children’s counseling including, but not limited to, ensuring that the child(ren) are transported to and from scheduled appointments in a timely manner and exercising parental authority to require that the child(ren) attend and cooperate with counseling treatments and interventions. The duration, frequency, location, and persons in attendance for each session with the counselor shall be left to the discretion of the counselor, who is specifically authorized to notify the Court if any party is failing to comply with the spirit or letter of this order or other orders of the Court.

The counseling shall not be considered a Child Custody Evaluation within the terms of Family Code Chapter 107; therefore, the counselor shall not make recommendations as to the conservatorship of, possession (parenting schedule) of, or access to the child(ren). The counselor may make recommendations to the parties regarding changes in conduct that may be helpful to the parties in implementing the Court’s orders. If any person disagrees with requests or recommendations made by the counselor that person is ORDERED to discuss those concerns privately with the counselor, and is ORDERED to not allow the child(ren) to witness or overhear such concerns.

IT IS ORDERED that the expense of the counseling services shall be divided between the parties as follows: ________% Petitioner ________% Respondent __________% Intervenor. The parties are ORDERED to pay their respective portions of any initial retainer or fees required by the counselor and stated in writing to the parties or their attorneys. Payment is to be made within seven days of the counselor’s notice to the parties or their attorneys, and the parties are ORDERED to pay any additional amounts due within seven days of the date of any invoice or bill from the counselor.

IT IS FURTHER ORDERED: The counselor may communicate and share information with the parties or their attorneys as deemed necessary by the counselor. The parties shall execute any authorizations as requested by the counselor to enable the counselor to receive or provide information about the parties or the children in question. The parties shall notify the counselor in writing within 24 hours of any changes in their contact information, legal representation, residency, or occupants of their home.
CONFIDENTIALITY [Choose one]

  • It is ORDERED the counselor shall testify at any hearing in this case at the written request of any attorney of record. The requesting party shall be responsible for the counselor’s customary and usual fees for testifying and said fees shall be paid at least seven days prior to the hearing in the manner specified by the counselor.

  • It is ORDERED that the counseling entails private communications between the appointed counselor and the child(ren). Therefore, IT IS FURTHER ORDERED that all communications between the appointed counselor and the child(ren) are privileged and may not be discovered by either party without an order from this Court. Such order will be issued on good cause shown after hearing on the facts to support discovery of the communications between the child(ren) and the appointed counselor.


The Court finds that the immunity afforded to the counselor through appointment by the Court is often insufficient to protect that counselor from defending against a complaint filed with the Texas State Board of Examiners. The Court further finds that it is in the best interest of the child(ren), the parties, and the public, that the counselor should be allowed to follow the Court's Order without fear of reprisal for conducting services and making recommendations consistent with this order. Therefore, IT IS ORDERED that prior to a party, attorney, or person(s) acting on behalf of a party or attorney subpoenaing, issuing notice of intent to take the deposition of, or filing a complaint against the counselor with any Texas State Board, a motion be set and heard by the Court. Failure to so do can result in sanctions, attorney fees, and/or contempt proceedings.
IT IS SO ORDERED.
Signed on this ______ day of _______________, 20___.

__________________________

Judge Presiding


AGREED:



Printed Name:
____________________________
Bar Number:
_____________________________

Attorney for Petitioner


Printed Name:
____________________________
Bar Number:
_____________________________

Attorney for Respondent


EXHIBIT A
GOALS OF COUNSELING
The goals of counseling shall as follows: [Indicate goals as appropriate to the case]
q Address emotional and behavioral problems of the child(ren)
q Improve the parent-child/adult-child relationship between the child(ren) and
q Mother q Father q Both parents q Other:________________________
q Improve sibling relationships
q Address the following specific issues: ____________________________________________
______________________________________________________________________________
______________________________________________________________________________
The parties have been advised that the Court will consider the good faith efforts and parties’ devotion to success of counseling as a factor in determining whether to modify the current order, including expanding or restricting parenting time provisions. The parties have been advised that successful counseling for children often requires that they make changes in their own behavior and parenting to support their child(ren)’s needs. The counselor may request specific changes by the parties in such areas as setting appropriate limits for child(ren), encouraging child(ren) to express feelings and solve problems appropriately, listening to the child(ren)’s concerns, actively supporting child(ren)’s independent relationships, and shielding the child(ren) from parental conflict. The parties ARE ORDERED to make reasonable efforts to cooperate with the counselor’s requests in these areas.



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