B.C. psychologist disciplined a second time for work linked to family court matters

A B.C. psychologist who was disciplined a year ago for "unethical" work related to a child custody trial has had new limits placed on her practice following another complaint related to family law.

Dr. Cindy Hardy of Prince George agreed in December 2019 not to perform any psychological assessments for family law disputes after admitting she had provided a recommendation on what was best for a child without interviewing his father.

Now, she can't accept any patients who are involved in family law cases.

According to a public notice from the College of Psychologists of B.C., Hardy has signed an undertaking for new restrictions on her work following a complaint from the guardian of a child undergoing treatment for anxiety.

The guardian alleged Hardy had "lost neutrality in her role as the child's therapist and acted as an advocate in support of the other party" in a legal dispute over the child's guardianship, according to the notice.

The college says Hardy allegedly did not take adequate steps to obtain informed consent or consent for sharing of information when she began treating the child. There were also concerns about a letter Hardy provided to both sides in the guardianship dispute, as well as other communications with the opposite party and another health care provider. 

"As this was not an engagement to provide a psychological assessment, it was not contrary to the undertakings previously given," the college notice says.

"However, this complaint raised related concerns about [Hardy]'s provision of therapeutic services in the context of a family law dispute."

As a result, Hardy has not only agreed not to accept referrals for clients involved in family law matters, but she has also been placed under supervision for 12 months, in part so that her case list can be reviewed to make sure it's in line with the restrictions on her practice.

Hardy has also agreed to write to the guardian who filed the complaint to say the letter she provided should not be used in court.

Previous work not 'worth the paper it's written on'

The latest restrictions on Hardy's work follow her 2019 admission that she gave an opinion in a custody dispute without ever speaking to the child's father or obtaining his consent.

Despite those oversights, Hardy told an Alberta court that a nine-year-old boy might deliberately hurt himself if he had to visit his dad.

The one-sided opinion earned her a reprimand from Provincial Court of Alberta Judge Karen Jordan, who said she would "absolutely not" accept Hardy's recommendations.

"I want an evaluation that is worth the paper it's written on, rather than this one," Jordan said, according to transcripts obtained by CBC.

In a phone conversation with Hardy, Jordan scolded her about her methods, saying, "There are some who might say that was an unethical way to proceed."

After the father complained to the college, Hardy agreed not to accept any more referrals to conduct assessments in family law disputes and wrote a letter of apology. 

Hardy has said she does not usually practise forensic psychology for family law.

The latest undertaking means she has also agreed to take part in peer consultation. The 12-month supervision period could be extended in six-month increments if the supervisor decides it's necessary.