# Safety Contract — Client Intake Template (v0.1 DRAFT)

**Status:** DRAFT — to be reviewed by lawyer before client use | **Source:** 05-02 debrief call (file `1cc340ff27e2a27beab30bf4537818fb`)

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## Purpose

Every client signs this at intake before substantive case management work begins. It establishes:
1. The case manager's mandatory duty to act on suicidal ideation or threats of harm.
2. Explicit consent to record interactions for client and provider safety.
3. The consequences of non-compliance with the agreed plan.
4. Pre-authorised legal/welfare actions the case manager will take in defined scenarios.

This is the contract Avina did NOT have in place during the Erin engagement, which left Kelly exposed when police arrived for the welfare check (Kelly's recording was ultimately what convinced officers to act, but absent the recording she had no documentary basis for the call).

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## Required clauses (to be drafted by lawyer)

### 1. Duty-to-Report Clause
- Client acknowledges: case manager has a non-negotiable obligation to contact emergency services (911 / police welfare check) if the client expresses any of the following:
  - Suicidal ideation with intent or plan
  - Threats to self-harm or refusal to commit to safety
  - Threats to harm others
  - Inability to confirm safety during scheduled check-in
- This obligation is independent of the client's wishes in the moment.

### 2. Recording Consent Clause
- All voice/video calls between case manager and client may be recorded for the purpose of: (a) accurate session documentation, (b) safety evidence in welfare scenarios, (c) protocol improvement.
- Recordings are stored in a controlled-access system retained for [TBD: 7 years standard for clinical records].
- Recording consent is a **condition of engagement**, not optional.
- Specific carve-out for jurisdictions requiring two-party consent (see `recording-policy.md` for state matrix).

### 3. Plan Compliance Clause
- Client agrees to a written 12-week (or other) case-management plan with milestones and tasks (see `12-week-case-management.md`).
- If client does not complete tasks: defined consequences kick in (loss of specific options, family notifications, etc.).
- If client wants to deviate from plan: client must propose an alternative in writing with equal rigour and accept accountability for that alternative.

### 4. Information Sharing / ROI Clause
- Client signs Release of Information forms for: (a) family / next of kin in defined scenarios, (b) hospital / treatment program in care-coordination scenarios, (c) law enforcement when a welfare check is initiated.
- ROI scope is defined per case but baseline coverage is required.

### 5. Termination Clause
- Defined conditions under which Avina may end the engagement (chronic non-compliance, abusive behaviour toward staff, fraud).
- Defined notice period and handoff procedures.
- Refund / pro-rata fee logic.

### 6. Liability and Limitations
- Case manager is not a licensed therapist or psychiatrist (state explicitly).
- Case manager will not provide clinical / medical advice; will refer to licensed providers.
- Case manager's role is coordination, accountability, and crisis-response navigation.

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## Open questions for lawyer

- Florida vs California vs other states: which state's law governs (likely client's state of residence)?
- Two-party recording consent jurisdictions: do we need state-specific contract variants?
- HIPAA applicability: at what scope does Avina trigger HIPAA covered-entity status?
- Liability insurance requirements: what limits + what specific exclusions?

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## Revision log

- v0.1 — 2026-05-02 — Initial draft, generated from debrief-call directives. Not yet reviewed.