Court and Legal Proceedings Policy
FBTA therapists do not provide court ordered therapy services, disability determination evaluations, custody studies, court evaluations, or any other evaluations that your therapist determines that they are not qualified to complete. FBTA will do our best to refer you to alternative providers who can complete these services.
FBTA therapists do not appear in court on behalf of clients and do not maintain records with the intended purpose of court involvement. FBTA therapists provide therapy services to alleviate mental health symptoms and clients should not initiate therapeutic services with the intention of using records in court proceedings.
However, the legal process is such that, should your therapeutic record or your therapist be subpoenaed, we may be compelled to reveal information about you, present client records, or testify as a fact witness, which could affect you negatively. Because the therapist-client relationship is built on trust, this forced breach of confidentiality may also undermine the therapeutic relationship.
In the event that an FBTA provider is called to court or your records are requested through subpoena or court order, FBTA will charge the full amount applicable under state law or the usual and customary for our services.
This includes, but is not limited to:
- Copies of records will be made available for the fee currently listed under MN Statute 144.292, Subdivision 6.
- If an FBTA clinician testifies in any court or legal proceeding, voluntarily or by subpoena or court order, regardless if the testimony is factual or expert, or to present any or all records pertaining to the therapy relationship to a court official, the client agrees to pay FBTA for these testimony related services (including but not limited to: travel, necessary expenditures such as copies, parking, meals, and the like, time spent speaking with attorneys, reviewing records and preparation or reports) at the rate of $200 per hour.
- The client further agrees to pay a retainer fee of $2000 two weeks prior to the appearance, presentation of records, or testimony requested. A personal check will not be considered an acceptable form of payment for these services.