despicable

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FAM family law legal

FAM0130484
PALOMA NAZARIO AND NOAH SPURRIER 
Case Number: FAM0130484
Court: Redwood City Family
Judicial Officer: Dabel, Sean P.
File Date: 09/16/2015
Case Type: DV Prevention w/ Minor Children

San Mateo Superior Court Records Search: https://odyportal-ext.sanmateocourt.org/Portal-External/Home/Dashboard/29


Flip Flops

She will cast opposite behavior into most disparaging descriptions. If I volunteer at school then I am being too intrusive and greedy with time. If I miss a school function then I am absentee and don't show interest.

Penal Code

Starting with

ARTICLE 2.5
CHILD ABUSE AND NEGLECT REPORTING ACT

Luana Rowland falls under the category of § 11165.7. “Mandated reporter”. Positive Reports from “child visitation monitor” means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.


Mandate/Requirement to Report


§ 11166. Duty to report; Mandated reporters; Punishment for viola- tion
(a) Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specifed in Section 11165.9 whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any nonprivi- leged documentary evidence the mandated reporter possesses relating to the incident.
(1) For purposes of this article, “reasonable suspicion” means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. “Reasonable suspicion” does not require certainty that child abuse or neglect has occurred nor does it require a specifc medical indication of child abuse or neglect; any “reasonable suspicion” is sufficient. For purposes of this article, the pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse.

Disclosure Release Copies of Reports

§ 11167.5. Confdentiality and disclosure of reports
(a) The reports required by Sections 11166 and 11166.2, or authorized by Section 11166.05, and child abuse or neglect investigative reports that result in a summary report being fled with the Department of Justice pursuant to subdivision (a) of Section 11169 shall be confdential and may be disclosed only as provided in subdivision (b). Any violation of the confdentiality provided by this article is a misdemeanor punishable by imprisonment in a county jail not to exceed six months, by a fne of fve hundred dollars ($500), or by both that imprisonment and fne.
(b) Reports of suspected child abuse or neglect and information contained therein may be disclosed only to the following:
(1) Persons or agencies to whom disclosure of the identity of the reporting party is permitted under Section 11167.
(2) Persons or agencies to whom disclosure of information is permitted under subdivision (b) of Section 11170 or subdivision (a) of Section 11170.5. (3) Persons or agencies with whom investigations of child abuse or neglect
are coordinated under the regulations promulgated under Section 11174. (4) Multidisciplinary personnel teams as defned in subdivision (d) of
Section 18951 of the Welfare and Institutions Code. 

Liability

§ 11172. Liability of person making report; Reimbursement by state of attorney fees incurred in defending action
(a) No mandated reporter shall be civilly or criminally liable for any report required or authorized by this article, and this immunity shall apply even if the mandated reporter acquired the knowledge or reasonable suspicion of child abuse or neglect outside of his or her professional capacity or outside the scope of his or her employment. Any other person reporting a known or suspected instance of child abuse or neglect shall not incur civil or criminal liability as a result of any report authorized by this article unless it can be proven that a false report was made and the person knew that the report was false or was made with reckless disregard of the truth or falsity of the report, and any person who makes a report of child abuse or neglect known to be false or with reckless disregard of the truth or falsity of the report is liable for any damages caused. No person required to make a report pursuant to this article, nor any person taking photographs at his or her direction, shall incur any civil or criminal liability for taking photographs of a suspected victim of child abuse or neglect, or causing photographs to be taken of a suspected victim of child abuse or neglect, without parental consent, or for disseminating the photographs, images, or material with the reports required by this article. However, this section shall not be construed to grant immunity from this liability with respect to any other use of the photographs
.

Responsibilities

Verify that Rowlad satisfied her obligation for A person specifed in paragraph (1) who becomes a licensee, adminis- trator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.

Did she verify against Section 11165.6.?

Result of Report

§ 11165.12. Defnitions relating to reports
As used in this article, the following defnitions shall control:
(a) “Unfounded report” means a report that is determined by the investi- gator who conducted the investigation to be false, to be inherently improb- able, to involve an accidental injury, or not to constitute child abuse or
neglect, as defned in Section 11165.6.
(b) “Substantiated report” means a report that is determined by the
investigator who conducted the investigation to constitute child abuse or neglect, as defned in Section 11165.6, based upon evidence that makes it more likely than not that child abuse or neglect, as defned, occurred. A substantiated report shall not include a report where the investigator who conducted the investigation found the report to be false, inherently improb- able, to involve an accidental injury, or to not constitute child abuse or neglect as defned in Section 11165.6.
(c) “Inconclusive report” means a report that is determined by the investigator who conducted the investigation not to be unfounded, but the ifndings are inconclusive and there is insufficient evidence to determine whether child abuse or neglect, as defined in Section 11165.6, has occurred.


§ 11163. Claim for attorney’s fees incurred in action based on re- porting
(a) The Legislature fnds and declares that even though the Legislature has 582
    Misc.
PENAL CODE
provided for immunity from liability, pursuant to Section 11161.9, for persons required or authorized to report pursuant to this article, that immunity does not eliminate the possibility that actions may be brought against those persons based upon required reports of abuse pursuant to other laws.
In order to further limit the fnancial hardship that those persons may incur as a result of fulflling their legal responsibility, it is necessary that they not be unfairly burdened by legal fees incurred in defending those actions.
(b)(1) Therefore, a health practitioner may present a claim to the Depart- ment of General Services for reasonable attorney’s fees incurred in any action against that person on the basis of that person reporting in accor- dance with this article if the court dismisses the action upon a demurrer or motion for summary judgment made by that person or if that person prevails in the action.
(2) The Department of General Services shall allow the claim pursuant to paragraph (1) if the requirements of paragraph (1) are met, and the claim shall be paid from an appropriation to be made for that purpose. Attorney’s fees awarded pursuant to this section shall not exceed an hourly rate greater than the rate charged by the Attorney General at the time the award is made and shall not exceed an aggregate amount of ffty thousand dollars ($50,000).
(3) This subdivision shall not apply if a public entity has provided for the defense of the action pursuant to Section 995 of the Government Code.

California Board of Psychology

California Board of Psychology https://www.psychology.ca.gov Phone: 1-866-503-3221 CONTACT

Enforcement Unit email: bopenforcement@dca.ca.gov

California Board of Psychology Contact Information
1625 North Market Blvd., Suite N-215
Sacramento, CA 95834
Email: See Below
Web page: www.psychology.ca.gov
Telephone: (916) 574-7720
Toll Free: (866) 503-3221
Fax: (916) 574-8672

File:2019lawsregs.pdf California Board of Psychology Laws and Regulations or view HTML version.

Note:
FAMILY CODE
Division 8. Custody of Children
Part 2. Right to Custody of Minor Child
Chapter 1. General Provisions ......................................... 249
Chapter 6. Custody Investigation and Report ....................... 250

Title 1. Investigation and Control of Crimes and Criminals
Chapter 2. Control of Crimes and Criminals
Article 2. Reports of Injuries......................................... 578 Article 2.5. Child Abuse and Neglect Reporting Act.............. 584

CALIFORNIA CODE OF REGULATIONS
Title 16. Professional and Vocational Regulations
Division 13.1. Board of Psychology
Article 1. General Provisions ........................................ 145 Article 2. Applications ................................................ 147 Article 3. Education and Experience ............................... 151 Article 4. Examination................................................ 167 Article 5. Registered Psychologists.................................. 171 Article 5.1. Psychological Assistants................................ 173 Article 6. Fees.......................................................... 178 Article 7. Standards Related to Denial, Discipline, and Rein-
statement of Licenses or Registrations .............. 179 Article 8. Rules of Professional Conduct ........................... 182 Article 9. Citations and Fines ....................................... 187 Article 10. Continuing Education ................................... 191


PENAL CODE
Part 1. Of Crimes and Punishments
Title 9. OfCrimesAgainstthePersonInvolvingSexualAssault,and
Crimes Against Public Decency and Good Morals
Chapter 1. Rape, Abduction, Carnal Abuse of Children, and
Seduction................................................. 553

Again, for emphasis:

CALIFORNIA CODE OF REGULATIONS
Title 16. Professional and Vocational Regulations
Division 13.1. Board of Psychology
Article 1. General Provisions ........................................ 145 Article 2. Applications ................................................ 147 Article 3. Education and Experience ............................... 151 Article 4. Examination................................................ 167 Article 5. Registered Psychologists.................................. 171 Article 5.1. Psychological Assistants................................ 173 Article 6. Fees.......................................................... 178 Article 7. Standards Related to Denial, Discipline, and Rein-
statement of Licenses or Registrations .............. 179 Article 8. Rules of Professional Conduct ........................... 182 Article 9. Citations and Fines ....................................... 187 Article 10. Continuing Education ................................... 191

Ethics: investigation, rules of court

Division 9. Public Social Services

Act
Article 2. Defnitions .................................................. 663 Article 3. Mandatory and Nonmandatory Reports of Abuse. . . . . 669 Article 4. Confdentiality ............................................. 676 Article 5. Local Agency Cross-Reporting ........................... 679 Article 6. Investigation of Reports .................................. 681 Article 9. Reporting Forms........................................... 682 Article 10. Employee Statement..................................... 684
CALIFORNIA RULES OF COURT
Title 5. Family and Juvenile Rules
Division 1. Family Rules
Chapter 8. Child Custody and Visitation (Parenting Time) Pro- ceedings
Article 2. Child Custody Investigations and Evaluations. . . . . . . . 687
Disciplinary Guidelines........................................................ 693 Ethical Principles of Psychologists and Code of Conduct................. 729

Complaints of malpractice and violation of ethics

License Search: https://search.dca.ca.gov

Department of Consumer Affairs (DCA) Complaints: http://www.dca.ca.gov/ Consumers can file complaints against licensees by contacting DCA at (800) 952-5210. Consumers can also file a complaint online at www.dca.ca.gov.

California Board of Psychology Complaints: http://www.psychology.ca.gov/ For information on how to file a complaint, or for information about the Board of Psychology, visit www.psychology.ca.gov


CALIFORNIA BOARD OF BEHAVIORAL SCIENCES Seeks to Revoke License, contact: Sandra Monterrubio, (916) 574-7118

NAME: ROWLAND, LUANA FAY
LICENSE NUMBER: 22455
LICENSE TYPE: LICENSED MARRIAGE AND FAMILY THERAPIST 
LICENSE STATUS: LICENSE RENEWED & CURRENT
EXPIRATION DATE: MARCH 31, 2020 
SECONDARY STATUS: N/A
CITY: BURLINGAME
STATE: CALIFORNIA
COUNTY: SAN MATEO
ZIP: 94010
ADDRESS OF RECORD:
  255 EL CAMINO REAL, APT 205
  BURLINGAME CA 94010-5152
  SAN MATEO COUNTY

California Code of Regulations, Title 16, Division 13.1, Article 9, Section 1397.50.

A Citation Order is an administrative action, usually including a fine, for violations of the laws and regulations enforced by the California Board of Psychology.


ETHICAL PRINCIPLES OF PSYCHOLOGISTS AND CODE OF CONDUCT

GENERL PRINCIPLES
2. Competence
2.01 Boundaries of Competence
2.02 Providing Services in Emergencies 
2.03 Maintaining Competence
2.04 Bases for Scientifc and Professional



== Claims of abuse were inconsistent to the Duties of a mandated reporter -- her own mother ==

Mother was a '''mandated reporter''' as described in '''§ 15630. Duties of mandated reporter;''', so she should have been the first to advise correct procedure. She was well familiar with this responsibility as this was a significant aspect of her job as a nurse and social worker specialist in treating under-age mothers in poverty. She would be the first to demand that her daughter document the claims.

Is is plausible that this key fact was overlooked?

== desengaño ==

I've been played for a fool.

Las cicatrices que son producto de desengaño, resentimento e ira pueden permanecer mucho tiempo después de que los síntomas de la depresión hayan cesado.

== preschool ==

<pre>
J.S.D. STATE PRESCHOOL also known as General Pershing State Pre-School
631 Hanover Street
Daly City, CA 94014 
Grades Pre-K
P (650) 991-1258
F (415) 469-0473

Administrator: Lisa Zimiga
Secretary: Glenda Bautista

case numbers

Case Number, P/D/O, File Date, Source database
15NM000184A, D 11-04-2015, ODYSSEY
FAM0130484, D, 09-16-2015, ODY-FAM

Custody

https://www.justia.com/family/child-custody/

CA Family Code section 30xx (3011, 3020, 3041, 3044, etc.). Especially 3044. See also, http://farzadlaw.com/fathers-rights-in-california/false-child-abuse-allegations/

File:practical-tips-for-custody-cases.pdf

[http://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_445 2016 California Rules of Court Rule 5.445. Court communication protocol for domestic violence and child custody orders].

http://farzadlaw.com/california-child-custody/gender-alienation-false-allegations-contempt/ http://farzadlaw.com/fathers-rights-in-california/false-child-abuse-allegations/

Abuse of Restraining Orders

Abuse of process, but also an act of abuse against a victim by bearing at least three implied threats: threat of criminal conviction, threat of legal financial costs, threat of loss of custody/blocking access to child.

https://www.justia.com/family/restraining-orders/

Examples of interference with visitation include ( http://farzadlaw.com/orange-county-child-custody-lawyers/non-custodial-parent-rights/ ):

  1. Planning activities with the children on the non custodial parent’s visitation date and time, without the non custodial parent’s consent; signed up for day-care
  2. Refusing to abide by pick up and drop off times and delaying the exchange of the children to the non custodial parent;
  3. Encouraging the children to not see the non custodial parent or otherwise alienating the children, in an attempt to reduce the non custodial parent’s ongoing and future visitation;
  4. Using children as a messenger and bringing them into the divorce or custody proceedings, to make the non custodial parent’s time with the children less enjoyable;
  5. Disparaging the non custodial parent to drive a wedge between he or she and the children;
  6. Making false allegations of child abuse or neglect against the non custodial parent;
  7. Refusing to co-parent with the non custodial parent;
  8. Violating the non custodial parent’s joint legal custody rights by not consulting with him or her and getting the non custodial parent’s consent on important decisions regarding the children.

Burden of Proof -- "Beyond a Reasonable Doubt" vs. "More Likely True Than Not True".

Also known as "Obligation to Prove".

In criminal trials, the prosecution must prove that the defendant is guilty beyond a reasonable doubt. But in civil trials a party need prove only that it is more likely to be true than not true.

Malicious Prosecution

Malicious Prosecution

Former Criminal Proceeding Plaintiff claims that defendant wrongfully caused a criminal proceeding to be brought against them. False statements made in police report with no subsequent request to press charges would seem to clear defendant, yet injury still results because County DA may choose to press charges based only on statements in police report. No action on defendant's part is required. Does this still fall under Former Criminal Proceeding?

https://www.justia.com/trials-litigation/docs/caci/1500/1520.html

Willful Suppression of Evidence

This covers claims of loss of email, voicemail, text messages, iPhone backup data files, iCloud data, loss of passwords.

You may consider whether one party intentionally concealed or destroyed evidence. If you decide that a party did so, you may decide that the evidence would have been unfavorable to that party. In this situation assume the damage to the case it may have caused as if the evidence does exist.

Party Having Power to Produce Better Evidence

This may follow automatically from #Willful Suppression of Evidence.

You may consider the ability of each party to provide evidence. If a party provided weaker evidence when it could have provided stronger evidence, you may distrust the weaker evidence.

(offer private correspondence as evidence) Admission of Private Affairs Correspondence as Statements of a Party Opponent

A party may offer into evidence any oral or written statement made by an opposing party outside the courtroom. How a statement was obtained is separate issue. If the method used to obtain the evidence was a violation of privacy it may typically still be allow to be presented in defense.

Violation of Privacy in seizing of correspondence stored on a computer

California Civil Jury Instructions (CACI), 1800. Intrusion Into Private Affairs -- Violation of Privacy. https://www.justia.com/trials-litigation/docs/caci/1800/1800.html

Critical facts in defense: Q:Was plaintiff hamed? A:No. Q: Did plaintiff have reasonable expectation of privacy? A: Probably (debatable, but I wouldn't go there.). Q: Was intrusion highly offensive to reasonable person? A: Not when mitigating and extenuating factors are known (extent of intrusion deliberately limited, motive and goals of intrusion were only in defendant's defense (defense of child safety/security, and legal), setting was minutes after threats were made against defendant).

Sunshine Requirement

Probably useless in requesting police records. Intended more for access to meetings of public officials.

http://www.sfcityattorney.org/good-government/sunshine-appeals/

http://www.sfethics.org/

File:Sunshine Ordinance ppt.pdf

File:ccsf mot re video-1.pdf

https://firstamendmentcoalition.org/public-records-2/california-sunshine-ordinances/ca-sunshine-ordinances-san-francisco/

http://www.oewd.org/ftp/oewd_meetings/media/docs/WorkforceDevelopment/wisf/WiCAC/2012/4.24.12/Sunshine%20Ordinance%20ppt.pdf

Pro Se information

Information for Pro Se litigants in California: http://www.cand.uscourts.gov/prosehandbook

Information for Pro Se litigants. This is from Massachusetts, but information is generally useful : http://www.mad.uscourts.gov/general/prose-litigants.htm

File:complaint for violation of civil rights non-prisoner 0.docx

File:complaint for a civil case 0.docx

Subpoena

Q: Do you need to have a complaint filled (an open trial or case?) in order to send a subpoea request? Or may it be used during investigation phase?

http://www.mad.uscourts.gov/general/prose-litigants.htm

Request Police Reports

http://sanfranciscopolice.org/sites/default/files/FileCenter/Documents/27783-SFPD%20491-%20Request%20for%20Police%20Report%20%2811-15%29.pdf

Expungement

If the records cannot be released after the restraining order has been canceled then those should be expunged to protect the accused.

http://www.sfsuperiorcourt.org/divisions/criminal

http://sfpublicdefender.org/services/clean-slate/

http://www.presidiolaw.com/record-expungement.html

Invalidating a Settlement

http://compromiseandsettlement.uslegal.com/grounds-for-invalidating-a-settlement-agreement/

DVRO

File:ReportWingspreadConferenceDomesticViolenceFamilyCourts.pdf

Miscellaneous

http://sanfranciscopolice.org/publicrecordsrequest

http://sanfranciscopolice.org/obtain-existing-police-report

https://sanfranciscopd.mycusthelp.com/WEBAPP/_rs/AnswerDetail.aspx?sSessionID=50024118WCXVMGLDXCUHLKGKRPPMVPGXJHUFNUNM&inc=278&caller=~%2fFindAnswers.aspx%3ffilter%3d%26pi%3d1%26sSessionid%3d50024118WCXVMGLDXCUHLKGKRPPMVPGXJHUFNUNM
Question:

How do I put in a complaint regarding a response I received for my Public Records request?
Answer:

If a requesting party believes that the Department has improperly withheld a public record, he or she may petition the City’s Supervisor of Records for review of the Department’s response by submitting the following: (1) a request for review by the Supervisor of Records, (2) a copy of the original request, and (3) a copy of the Department's response. The requesting party should submit the petition to:
Office of the City Attorney
Attention: Supervisor of Records
City Hall, Room 234
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
Tel. No. (415) 554-4700
Fax. No. (415) 554-4745
TDD/TTY No. (415) 554-6779
A requesting party who believes that the Department has improperly withheld a record or otherwise failed to fulfill its obligations under the City’s Sunshine Ordinance may also file a complaint with the City’s Sunshine Ordinance Task Force, by submitting the complaint to:
Sunshine Ordinance Task Force
Attention: Sunshine Ordinance Task Force Administrator
City Hall, Room 244
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4683
Tel. No. (415) 554-7724
Fax. No. (415) 554-7854
TDD/TTY No. (415) 554-5227
Requests for public records in the possession of the Police Commission should be submitted to the Police Commission Secretary as follows:
By Requesting online through Public Records Portal
By U.S. Mail: San Francisco Police Commission, 1245 3rd Street, San Francisco, CA 94158
By Fax: (415) 837-7249
By E-mail: sfpd.commission@sfgov.org
By Phone: (415) 837-7070
If a member of the public submits a request for Police Commission records to the Police Department, the Department will promptly forward the request to the Police Commission Secretary in writing, and will send a courtesy copy of that correspondence to the requesting party. The request will be deemed received the date it is received by the Police Commission Secretary.