Opinion

Spring v. Board. of Psychology CA1/5

Court
California Court of Appeal
Filed
May 13, 2015
Status
Unpublished
Cited by
0 cases
Authority
More cited than 34.4%

The opinion

Filed 5/13/15 Spring v. Board. of Psychology CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication

or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

MICHAEL SPRING,

Plaintiff and Respondent,

A140897

v.

BOARD OF PSYCHOLOGY, (Marin County

Super. Ct. No. CIV 1304070)

Defendant and Appellant.

Dr. Michael Spring (petitioner) brought this petition for writ of administrative

mandamus (Code Civ. Proc., § 1094.5) to appeal a decision by the Board of Psychology

(Board) disciplining him for gross negligence and functioning outside his field of

competence (Bus. & Prof. Code, § 2960, subds. (j), (p)) based on two declarations he

submitted in a family court action. The Board appeals the trial court’s order granting the

writ and directing the Board to set aside its decision. We affirm.

BACKGROUND

Administrative Hearing

The evidence at the administrative hearing was as follows. Petitioner had

provided marriage counseling to the family court parties (referred to herein as Mother

and Father) for several years, for a total of 50 sessions.1 Mother and Father ultimately

1

Petitioner’s case notes from his sessions with Mother and Father were introduced as an

exhibit at the administrative hearing. The parties dispute the admissibility of a

transcribed version of these notes. We do not rely on this transcription and therefore

need not decide its admissibility.

1

decided to divorce. After a mediator recommended that Father have 35 percent custody

of the couple’s only child (Child), Father contacted petitioner. Petitioner wrote two

declarations that Father’s counsel filed in the family court proceeding.

The first declaration was filed June 3, 2011. It stated, in its entirety: “[Mother]

and [Father] have been in couple’s therapy for a few years, and I have observed each of

them many times as they interacted with their son [Child] in the waiting area of my

office. [¶] Each of them has demonstrated great love and caring for [Child] and each of

them has been very involved in his life and growth and development. I consider them to

be excellent and involved parents. [¶] [Child], for his part, needs both of them to continue

to be involved in his life, especially as he moves deeper into adolescence. This is

especially important for him as a special needs child. Any attempt to block one parent or

the other from frequent contact with [Child] would, in my opinion, be destructive to all

parties. [¶] My recommendation is that [Child’s] parents be given 50-50 custody in which

they can work out their arrangements together.”

The second declaration was filed June 16, 2011. It stated, “I, MICHAEL

SPRING, am a licensed clinical psychologist practicing in San Rafael, CA. My license #

is: PSY3498. I have been practicing psychotherapy and marriage counseling for over

fifty years, and have been seeing [Mother and Father] on and off since January, 2006.

Over the past five years, I have had extensive opportunity to evaluate [their] relationship

with each other, as well as with their son, [Child]. [¶] I have learned that the mediator

who evaluated [Mother and Father’s] custody has recommended that [Mother] be

designated as the primary caretaker, with a custody timeshare of 36% to [Father],

amounting to 2 or 3 days per week. I have also learned that the mediation lasted

approximately 90 minutes and, based on a discussion with [Father] as well as a review of

the report, that much of the focus of the mediation session was on the parties’ relationship

with each other (and prior incidents of discord between them), rather than on their

relationship with their son. I believe that the breakdown of [Mother and Father’s]

marriage created a high degree of accusations and defensiveness between them, and that

as a result, the mediation may not have focused as much on the parties’ relationship with

2

their son as it should have. I am therefore submitting this declaration to express my

professional disagreement with the mediator’s recommendation that [Child] not be

granted equal time with his father. [¶] Throughout his life, [Child] has spent significant

time with his father everyday. The mediator’s recommended schedule would result in

[Child] missing out on much of the activities and time spent with his father that he has

become accustomed to over many years. [Father] has been involved in hands-on

activities with [Child] in an ongoing and consistent basis. While it is true that [Mother]

has also been very involved in [Child’s] life and has advocated for him fervently, I

believe that [Child] needs the close relationship with his father to continue as he moves

deeper into adolescence if he is to mature properly. Therefore, I urge the court to grant

[Child] equal time with his father.”

Mother filed a complaint with the Board stating petitioner acted “as a witness” in

the family court proceedings even though he had not seen Child professionally.

Petitioner submitted to the Board a written response to Mother’s complaint,

stating, “[a]s is the case with marriage counseling, [Mother and Father’s] son was often

brought up. Parenting was discussed and I advised. . . . The son, an only child, is a

special needs child. Both parents were very involved in his day to day care, his needs,

and his learning. . . . They both cared about their son deeply. As divorce became the

couple’s decision, I worked with them towards setting up a healthy situation for each of

them and for their son. Children of divorce suffer great losses, and it was a focus of our

work around the divorce.” Petitioner further wrote that he observed Child in the waiting

room and witnessed his interactions with Father. “My recommendation of 50/50 custody

was based on these experiences, as well as the data which came up in my office

indicating caring, love, concern, and involvement from both parents for their son.

Additionally, was my knowledge that an adolescent needs both parents to interact with in

the course of his individuating, and developing.”

3

In an interview by Board investigators, petitioner stated he worked as a school

psychologist early in his career and had specialized in marriage counseling since 1978.2

He explained the basis for his custody recommendation in the family court proceedings

was his “clinical . . . knowledge of [Mother and Father] as a couple.” He knew from his

sessions with Mother and Father that Father ran, played music, and “horsed around” with

Child, and was involved with him “on a pretty steady basis.” Mother and Father

continued to see petitioner after they decided to divorce and discussed their desires

regarding Child and the divorce. Petitioner had never conducted a session with Child, but

only had observed Child in the waiting room where he witnessed Child’s interactions,

primarily with Father.

In the Board interview, petitioner stated he would “[a]bsolutely not” feel

comfortable making a declaration regarding Child’s “mental status.” He stated his

declaration was submitted “with the idea that if they could have 50/50 custody and

eventually not live together and perhaps they could work together and have an amicable

. . . negotiation to work with their son. . . . [Y]ou’re probably familiar with Judy

Wallenstein’s longitudinal studies that show that parents that can . . . work together make

all the difference in the world to the outcome of their child.”3

Dr. John Shields, a psychologist specializing in forensic psychology, testified as

an expert for the Board. He described his training and experience in child custody

evaluations, including his appointment as a family court child custody evaluator in about

five or six cases, and his current practice as a forensic evaluator “conducting evaluations

or offering consultation to courts and attorneys.” He testified to his familiarity “with

standards of care that apply not only to psychologists but also with guidelines that are

related to forensic practices, such as a child custody evaluation, which was the issue in

this case.”

2

A transcript of the videotaped interview was submitted as an exhibit in the

administrative hearing.

3

Petitioner was apparently referring to Wallerstein, et al., The Unexpected Legacy of

Divorce: A 25 Year Landmark Study (2000).

4

Shields described the training and experience required to serve as a court-

appointed custody evaluator as set forth in California Rules of Court, rule 5.225.4 He

testified that a formal custody evaluation pursuant to rule 5.220 would include interviews

with and observations of the child or children at issue. When asked whether anyone other

than a child custody evaluator would make custody recommendations to the courts,

Shields replied that a psychologist appointed by the court or a mediator might make

custody recommendations, “[b]ut a practicing psychologist who’s maybe seeing one or

both of the parents doesn’t -- it would not be expected they would make a custody

recommendation to a court.” Shields later elaborated that a “psychologist might be

seeing one of the parents or the child. They might come in to the court and offer

information to the court about the current status and progress of that individual as they

have come to know it in their professional capacity. What they wouldn’t typically do is

make a recommendation, to the court on custody.”

Shields identified the American Psychological Association’s Ethical Principles of

Psychologists and Code of Conduct (APA Code of Conduct) as the standard of care for

psychologists. He testified that section 9.01(b) of this code (hereafter, section 9.01(b))

states, “Psychologists provide opinions of psychological characteristics of individuals

only after they have conducted an examination of the individuals adequate to support

their statements or conclusions.”5 Shields testified petitioner’s declarations gave “an

opinion about the psychological characteristics of an individual. . . . [H]e addresses some

of the psychological characteristics of [Child].” Shields later elaborated that petitioner’s

4

All undesignated rule citations are to the California Rules of Court.

5

Shields also referred to APA guidelines for child custody evaluations in family law

proceedings and for the practice of forensic psychology. In a letter to the Board written

during its investigation, Shields quoted passages from these guidelines. The custody

evaluation guidelines provide that a custody evaluation requires “an assessment of the

psychological functioning and developmental needs of each child” and “an evaluation of

the interaction between each adult and child.” The forensic guidelines echo section

9.01(b) in stating no evidence of “psychological characteristics” should be provided

absent an opportunity to examine the individual in question.

5

declarations opined that Child “has psychological characteristics such that he needs more

time with his father or needs a close relationship with his father.” Shields testified, “the

important issue here is that recommendations to a court related to child custody, the

methodology by which one does that is spelled out in great detail. And we heard about

that earlier. And it’s spelled out in the Rules of Court. [¶] So simply to . . . base a

recommendation regarding custody on only the mediation report without ever

interviewing in this case, the child or the adolescent, is inappropriate.”

Shields opined that petitioner’s declarations constituted an extreme departure from

the standard of care because “a reasonable psychologist would not make a custody

recommendation to a court without conducting the proper evaluation. And certainly

would not be giving opinions about the psychological characteristics of individuals, some

of whom they have never interviewed or evaluated.” Shields further opined that

petitioner practiced outside his particular field of competence because “child custody

evaluation and recommendation to the court related to custody evaluation is within the

province of forensic psychology,” which petitioner had no experience in.

Board Decision

The Board set forth the evidence elicited at the administrative hearing and quoted

from section 9.01(b), as well as the APA custody evaluation and forensic guidelines

identified by Shields. The Board found “[i]t was established by clear and convincing

evidence that [petitioner] was grossly negligent in providing an opinion to the family

court concerning the custody of Child, in that it was an extreme departure from the

standard of care of licensed psychologists. [Petitioner’s] actions were outside his area of

competence, in that he is not a forensic psychologist and has had no special training in

forensic psychology or in conducting child custody evaluations.” The Board revoked

petitioner’s psychologist’s license, stayed the revocation, and placed the license on

probation for five years with a number of conditions.

Superior Court Proceedings

Petitioner sought a writ of administrative mandamus. The trial court granted the

writ.

6

The trial court concluded certain findings were not supported by the evidence,

specifically, that “Petitioner’s custody recommendations were in effect ‘child custody

evaluations’; these recommendations constituted ‘an extreme departure from the standard

of care of licensed psychologists’; and Petitioner’s ‘actions were outside his area of

competence.’ ” The trial court found, “Petitioner’s custody recommendations were not

intended to be, nor would any Family Law judge in this court mistake them for, the

extensive and detailed ‘custody evaluations’ of the psychological characteristics of the

child, pursuant to [rule 5.220 et seq]. [¶] A full ‘child custody evaluation’ is a

‘comprehensive examination of the health, safety, welfare, and best interest of the child.’

([Rule 5.220(c)(3), (4)].) [¶] Based on the evidence in the administrative record, the court

finds that Petitioner’s recommendations were not the equivalent of a ‘child custody

evaluation’, but were brief letters to Father’s attorney for submission to the Family Law

Judge which described the therapeutic context in which Petitioner counseled the couple

for many years, and the limited observation of the couple’s interaction with their son. [¶]

The court also finds these letters were meant to provide a supplement to the actual ‘child

custody evaluation’ submitted by the mediator. [¶] The court also finds that Petitioner’s

views were intended to provide additional insight about the couple’s family dynamic,

which information was unavailable from any other source. [¶] The touchstone of a child

custody order is to make a ruling that is in the ‘best interest of the child.’ (Fam. Code

§ 3011; rule 5.220(b).) To do that effectively, courts often receive these sorts of

comments and input from treating professionals. [¶] The court finds that the evidence

establishes that Petitioner did not make a ‘child custody evaluation’, and his conduct

should not have been judged against the standard of care applicable to Forensic

Psychologists who prepare and submit child custody evaluations. [¶] The [Board’s]

findings relied heavily on the Board’s expert Dr. Shield’s opinion that Petitioner’s

recommendations were in effect, child custody evaluations, and that he did so outside of

his area of competence. As discussed above, the weight of the evidence does not support

these findings.”

7

The trial court additionally found the Board’s decision “does not contain any

Findings Of Fact indicating that Petitioner’s custody recommendations also provided an

opinion on the ‘psychological characteristics’ of the child. Nowhere in the Decision does

the [Board] identify the portion(s) of the recommendations that seek to describe the

child’s ‘psychological condition.’ ” The court noted that, while such a conclusion

generally requires remand to the agency to make adequate findings, remand was not

required here because the writ was granted on the independent basis described above.

DISCUSSION

“When an administrative decision substantially affects a fundamental vested right,

such as the revocation of a professional license or the right to practice one’s profession,

the independent judgment standard of review applies. [Citations.] The superior court

examines the administrative record for errors of law and exercises its independent

judgment upon the evidence ‘in a limited trial de novo.’ [Citations.] The superior court

resolves evidentiary conflicts, assesses the witnesses’ credibility, and arrives at its own

independent findings of fact.” (Rand v. Board of Psychology (2012) 206 Cal.App.4th

565, 574 (Rand).)

“On appeal, we do not exercise our independent judgment. We review the trial

court’s findings under the substantial evidence test and determine whether substantial

evidence supports the trial court’s conclusions. [Citations.] We must resolve all conflicts

in the evidence, and indulge all reasonable inferences, in favor of the superior court’s

judgment. [Citations.] However, we are not bound by any legal interpretations made by

the administrative agency or the trial court; rather, we make an independent review of

any questions of law.” (Rand, supra, 206 Cal.App.4th at pp. 574–575.)

I. Child Custody Evaluations

The Board challenges the trial court’s finding that petitioner’s declarations were

not child custody evaluations and petitioner therefore should not be judged by the

standard of care applicable to psychologists who prepare and submit child custody

evaluations.

8

A. Extra-Record Evidence

The Board objects to the trial court’s statements that no “Family Law judge in this

court [would] mistake [petitioner’s declarations] for, the extensive and detailed ‘custody

evaluations’ ” of rule 5.220, and that “courts often receive these sorts of comments and

input from treating professionals.” The Board argues this constituted improper reliance

on extra-record evidence; improper judicial notice of the court’s own experience and

opinions, taken without sufficient notice; and improper augmentation of the

administrative record. The Board also argues the issue of how a family court judge

would perceive petitioner’s declarations is not relevant.

We need not decide if there was error because any error was harmless.6 Rule

5.220(e) sets forth a lengthy list of elements that must be included in custody evaluations,

for example, an explanation of the evaluation’s purpose, scope, cost, and payment

responsibility, and a summary of the data gathering procedures and time spent.

Petitioner’s recommendations plainly do not comply or attempt to comply with this list.

Moreover, child custody evaluators are appointed by the court (rule 5.220(c)(1));

petitioner was not appointed here. At oral argument, counsel for the Board conceded

petitioner’s declarations were not custody evaluations. Any error by the trial court in

relying on its own experience in identifying child custody evaluations was harmless.

(Thornbrough v. Western Placer Unified School Dist. (2013) 223 Cal.App.4th 169, 191,

fn. 20 (Thornbrough) [finding error in trial court’s reliance on evidence in administrative

mandamus proceeding harmless]; Evid. Code, § 353.)

We also find no prejudice in connection with the trial court’s finding that the

standard of care applicable to psychologists conducting custody evaluations did not apply

to petitioner’s declarations. Indeed, this finding logically follows from the prior finding

that petitioner’s declarations were not child custody evaluations. We note Shields

testified that custody evaluators were not the only parties to make custody

6

Because of this conclusion, we also need not decide whether the Board forfeited this

argument.

9

recommendations to a court, indicating that the standard of care for custody evaluations

does not apply every time a custody recommendation is made. Again, any error by the

trial court in relying on its own experience was harmless. (Thornbrough, supra, 223

Cal.App.4th at p. 191, fn. 20.)

B. Shields’ Testimony

The Board next argues the trial court could not reject Shields’ uncontradicted

expert testimony regarding the standard of care.

“ ‘[A]s a general rule, “[p]rovided the trier of fact does not act arbitrarily, he may

reject in toto the testimony of a witness, even though the witness is uncontradicted.

[Citations.]” [Citation.] This rule is applied equally to expert witnesses.’ ” (Howard v.

Owens Corning (1999) 72 Cal.App.4th 621, 632 (Howard).) The Board cites authority

holding, however, that “when the matter in issue is within the knowledge of experts only

and not within common knowledge, expert evidence is conclusive and cannot be

disregarded.” (Huber, Hunt & Nichols, Inc. v. Moore (1977) 67 Cal.App.3d 278, 313.)

This “exceptional principle requiring a fact finder to accept uncontradicted expert

testimony as conclusive applies only in professional negligence cases where the standard

of care must be established by expert testimony.” (Howard, supra, at p. 632.) We will

assume without deciding that the principle extends to professional discipline cases

involving allegations of negligence.

Under these cases, the trial court was bound by Shields’ testimony describing the

substance of the standard of care for psychologists submitting custody evaluations.

However, the Board cites no authority providing the trial court was bound to find that this

standard of care applied to a psychologist who did not submit a custody evaluation.

Accordingly, because the trial court concluded petitioner’s declarations were not custody

evaluations, it was not precluded from finding that the standard of care governing custody

evaluations did not apply.

II. Psychological Characteristics

The Board next argues that, even if petitioner’s declarations were not custody

evaluations, section 9.01(b) sets forth a general standard of care applicable to all

10

psychologists. The Board contends (1) the Board decision made sufficient findings

regarding psychological characteristics, and (2) these findings were supported by the

weight of the evidence. We agree with the first contention but reject the second.

The trial court found the Board decision failed to “identify the portion(s) of the

recommendations that seek to describe the child’s ‘psychological condition.’ ” In

rendering adjudicatory decisions, administrative agencies “ ‘must set forth findings to

bridge the analytic gap between the raw evidence and ultimate decision or order.’ ”

(Environmental Protection Information Center v. California Dept. of Forestry & Fire

Protection (2008) 44 Cal.4th 459, 516.) However, “[t]he findings do not need to be

extensive or detailed. ‘ “[W]here reference to the administrative record informs the

parties and reviewing courts of the theory upon which an agency has arrived at its

ultimate finding and decision it has long been recognized that the decision should be

upheld if the agency ‘in truth found those facts which as a matter of law are essential to

sustain its . . . [decision].’ ” ’ (Ibid.) The Board decision quoted section 9.01(b) and

petitioner’s declarations, noted the declarations “contain recommendations to the family

court concerning the custody of Child,” and found “[i]t was established by clear and

convincing evidence that [petitioner] was grossly negligent in providing an opinion to the

family court concerning the custody of Child, in that it was an extreme departure from the

standard of care of licensed psychologists.” These findings are sufficient for us to bridge

the analytic gap: the Board decision found that the custody recommendation constituted

or impliedly contained an opinion about Child’s psychological characteristics.7

However, we conclude this finding was against the weight of the evidence.

Although Shields testified petitioner’s declarations contained opinions about the

psychological characteristics of Child, Shields conceded there was no definition of

psychological characteristics “that is unique to psychologists.” “Characteristic” is

defined as “a distinguishing trait, quality, or property.” (Merriam-Webster’s 11th

7

Petitioner does not argue on appeal the Board decision was not supported by adequate

findings; instead, he argues the Board decision’s findings regarding psychological

characteristics were not supported by the weight of the evidence.

11

Collegiate Dict. (2004) p. 207; see also American Heritage Dict. (4th ed. 2000) p. 312

[“A feature that helps to identify, tell apart, or describe recognizably; a distinguishing

mark or trait.”].)8

Two judicial opinions provide guidance on the scope of “psychological

characteristics” as set forth in section 9.01(b). In Rand, a psychologist testified in a child

custody proceeding that the child, whom he had not interviewed, “suffered from parental

alienation syndrome.” (Rand, supra, 206 Cal.App.4th at pp. 572, 589.) The Court of

Appeal had little difficulty concluding this constituted “an opinion of the psychological

characteristics of the child” in violation of section 9.01(b). (Id. at p. 589.) Rand

contrasted the facts of that case to those of In re Kelly (2009) 158 N.H. 484 [969 A.2d

443]. (Rand, supra, at p. 589.) In In re Kelly, a psychologist provided therapy services

to the father in a custody dispute.9 (In re Kelly, at p. 485.) The psychologist then

submitted a report to the court, recommending the court “[i]ncrease [the father’s]

visitation with daughter, both [father and daughter] would grow from the interaction.”

(Id. at p. 486.) The New Hampshire Board of Mental Health Practices concluded the

psychologist violated section 9.01(b). (In re Kelly, at p. 488.) The New Hampshire

Supreme Court held “that the Board erred in its interpretation and application of the APA

Code of Conduct to the circumstances of this case.” (Id. at p. 491.) The court stated that

section 9.01(b) “applies only if Dr. Kelly provided an opinion of a psychological

characteristic of an individual other than [the father]. . . . Assuming, without deciding,

that the Board could reasonably have found that the recommendation to ‘[i]ncrease

visitation with daughter,’ and the statement that ‘both would grow from the interaction,’

did in fact provide an opinion as to the daughter, the Board’s ruling failed to address how

8

Because petitioner’s declarations were not custody evaluations, we disagree with the

Board’s contention that the APA custody evaluation guidelines should inform the

definition of “psychological characteristics” in this case.

9

The services were rendered in connection with a court order that the father complete a

psychological evaluation and present evidence that he had addressed anger and parenting

issues. (In re Kelly, supra, 158 N.H. at p. 485.)

12

this recommendation constituted an opinion of a psychological characteristic of the

daughter such that an examination of the daughter would be required pursuant to the APA

Code of Conduct.” (Id. at p. 493.)10

The instant case is distinguishable from Rand, in which a psychologist testified to

a specific, distinguishing psychological condition suffered by an individual—

indisputably a psychological characteristic. Instead, the Board identified only petitioner’s

recommendation that Father have 50 percent custody as grossly negligent conduct. We

decline to find that a bare custody recommendation—which does not set forth a

distinguishing trait regarding the psychology of the minor—constitutes an opinion on the

minor’s psychological characteristics.

In this appeal, the Board points to other statements in the declarations: Child

needed both parents involved in his life “especially as he moves deeper into

adolescence”; that this was “especially important” for Child “as a special needs child”;

that any attempt to block either parent from frequent contact with Child would “be

destructive to all parties”; and that Child “needs the close relationship with his father to

continue as he moves deeper into adolescence if he is to mature properly.” These are

fairly general statements that are broadly applicable, in contrast to the identification of a

distinguishing psychological condition in Rand. Petitioner explained that these opinions

were based in part on his “knowledge that an adolescent needs both parents to interact

with in the course of his individuating, and developing,” and on studies discussing the

impact of divorce on children. As the Board decision found, petitioner held a “general

belief that equal custody is in a child’s best interest.” Under Kelly and Rand, these

statements are not opinions on the minor’s psychological characteristics.

10

The Board distinguishes In re Kelly on the ground that the psychologist expressly

limited his opinion and recommendations. However, such a limitation is not relevant to

the definition of “psychological characteristics.” It is only relevant to the question of

whether, if an opinion of such characteristics is being rendered without adequate

examination, the psychologist “ ‘appropriately limit[s] the nature and extent of their

conclusions or recommendations’ ” as required by section 9.01(b). (In re Kelly, supra,

158 N.H. at p. 491 [quoting section 9.01(b)].)

13

III. Field of Competence

The trial court found petitioner’s declarations were not custody evaluations and,

therefore, he was not practicing as a forensic psychologist and did not practice outside his

field of competence. The Board points to contrary evidence in the record, but our review

is limited to whether the trial court’s decision was supported by substantial evidence.

(Rand, supra, 206 Cal.App.4th at pp. 574–575.) As we have discussed above, the trial

court’s finding that the declarations were not custody evaluations is amply supported by

substantial evidence. The declarations themselves, as well as petitioner’s explanatory

statements, support the trial court’s finding that they “described the therapeutic context in

which Petitioner counseled the couple for many years, and the limited observation of the

couple’s interaction with their son.”11 Such statements are squarely within petitioner’s

expertise as a marital therapist. The trial court’s finding that petitioner did not practice

outside his field of competence is supported by substantial evidence.12

DISPOSITION

The judgment is affirmed. Petitioner is awarded his costs on appeal.

11

The Board challenges this characterization of the declarations, arguing the statement in

one of the declarations that petitioner “ha[s] had extensive opportunity to evaluate

[Mother and Father’s] relationship with each other, as well as with their son, [Child]”

implies petitioner professionally evaluated Child. When read in the context of both

declarations—which clearly state petitioner has seen Mother and Father in marital

counseling sessions and has “observed each of them many times as they interacted with

their son [Child] in the waiting area of my office”—we disagree that the statement is

misleading.

12

This conclusion renders it unnecessary for us to decide petitioner’s contention that the

Board decision “invades the exclusive power of the judiciary to regulate and determine

the admissibility of evidence in family law courts” and “directly conflict[s] with the

statutory rights of litigants.” We also need not decide the parties’ dispute regarding the

Board decision’s assessment of fees against petitioner.

14

SIMONS, Acting P.J.

We concur.

NEEDHAM, J.

BRUINIERS, J.

15

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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