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Common use of FINDINGS OF FACT Clause in Contracts

FINDINGS OF FACT. 14 1. Respondent is the holder of License No. LPC-15140 for the practice of 15 counseling in Arizona. 16 2. From 03/21 – 09/22, Respondent provided behavioral health services to Client 17 who was a minor at the time of services. 18 3. Client’s goals for treatment included reducing negative beliefs about self, 19 understanding trauma, and reducing anxiety and depression from Complainant’s verbal 20 emotional abuse. 21 4. In 05/22, Complainant who is Client’s father, revoked his consent for Respondent 22 to treat Client and Respondent documented his revoked consent in the 05/11/22 progress note. 23 5. Respondent subsequently continued treating Client for roughly 4 months after 24 Complainant revoked his consent for Respondent to treat Client. 25 … 1 6. Throughout the course of treatment, Respondent and Mother exchanged 2 numerous text messages which included the following in part: 3 a. Mother invited Respondent to Client’s softball games. 4 b. They had discussions about Complainant and the damage he has caused. 5 c. Respondent offered to write a letter stating Client is being emotionally 6 harmed at Complainant’s home. 7 d. Respondent sent Mother a letter, asked Mother to read it before she sent to 8 Caseworker, and made adjustments that Mother requested. 9 e. Respondent told Mother that Complainant’s views support a narcissistic 10 person. 11 7. Respondent in fact went to some of Client’s softballs game upon Mother’s invite. 12 8. Respondent extended her boundaries of competence by writing a letter to 13 Caseworker providing her opinion that Client could reduce anxiety and depression without the 14 poor living conditions and Complainant’s verbal abuse without ever witnessing the living 15 conditions in Complainant’s home. 16 9. Upon receipt of this Board complaint, Respondent showed Mother and Mother 17 subsequently wrote a letter of support for Respondent and Respondent provided this letter from 18 Mother in support of the Board complaint. 19 10. Respondent engaged in conduct outside of the therapeutic relationship with 20 Mother throughout the texting and meeting up in a social setting outside of the therapy setting.

Appears in 1 contract

Samples: Consent Agreement

FINDINGS OF FACT. 14 1. Respondent is the holder of License No. LPC-15140 LPC-2540 for the practice of counseling 15 counseling in the State of Arizona. 16 2. From 03/21 04/22 09/2202/23, Respondent provided behavioral health services to Client at 17 who was a minor at the time of servicesPrivate Practice. 18 3. Respondent’s informed consent did not include any section regarding court 19 testimony or writing letters as a service Respondent offered. 20 4. Client’s goals for treatment included reducing negative beliefs about self04/04/22 assessment indicated the presenting problems as school 21 issues, 19 understanding traumabeing tired, and reducing social anxiety. 22 5. Client’s 10/14/22 treatment plan indicated goals around communication skills, 23 anxiety issues, and depression issues. 24 6. In a 05/11/22 email from Respondent, she states Client appreciates the 25 confidentiality of her sessions and that Respondent is not forensically trained. 1 7. In a 05/12/22 email from Respondent, she states she believes her notes are 2 general and would be useless for the courts, and she reassures she knows how to stay out of 3 court. 4 8. In a 05/12/22 email from Complainant, he states Client’s verbal 20 emotional abusetherapy will be used for 5 its intended purposed and not for any court battles. 21 46 9. In 05/22On 08/16/22, Complainant who is Client’s father, revoked his consent for Respondent 22 Xxxxxxxxxx wrote a letter to treat Client and Respondent documented his revoked consent in the 05/11/22 progress note. 23 5. Respondent subsequently continued treating Client for roughly 4 months CAA after 24 Complainant revoked his consent for Respondent to treat Client. 25 … 1 6. Throughout the course of treatment, Respondent and Mother exchanged 2 numerous text messages XXX requested a letter 7 which included the following in part: 3 8 a. Mother invited When Respondent to began seeing Client, the frequency, Client’s softball games. 4 b. They had discussions about Complainant diagnoses, 9 and that the parents agreed to keep the sessions private from them and the damage he has caused. 5 c. Respondent offered to write a letter stating Client is being emotionally 6 harmed at Complainant’s home. 7 d. Respondent sent Mother a letter, asked Mother to read it before she sent to 8 Caseworker, and made adjustments that Mother requested. 9 e. Respondent told Mother that Complainant’s views support a narcissistic 10 personcourts. 11 7b. Client is mature for her age and understands the importance of expressing 12 her feelings if interviewed by court-appointed advisors. 13 10. An 11/10/22 note indicated that Mother and her attorney requested Respondent 14 to testify in court the following day and Respondent agreed to help Client. 15 11. Respondent initially conveyed to Mother and Complainant she knows how to stay 16 out of the courts, yet completed and interview with XXX and testified in fact went to some of Client’s softballs game upon court. 17 12. Respondent represents Mother’s inviteattorney subpoenaed Respondent to testify in 18 court. 12 819 13. Despite Respondent documenting in an 11/10/22 note that she would be 20 testifying in court the following day, she failed to document her actual court testimony anywhere 21 within the clinical records. 22 14. Respondent extended represents she billed Complainant $200 for testifying in court, yet 23 her informed consents do not list her fees for testifying in court. 24 15. Respondent acknowledged not having any sort of formal training on how to 25 handle subpoenas or court testimony and is not forensically trained. 1 16. Beyond Respondent extending her boundaries of competence regarding her 2 participation in court matters, she further practiced beyond the scope of her license by 3 acknowledging writing a letter letters throughout her career such as letters to 13 Caseworker providing her opinion that Client could reduce anxiety and depression without the 14 poor living conditions and Complainant’s verbal abuse without ever witnessing the living 15 conditions in Complainant’s homeattorneys or schools for 4 children. 16 95 17. Upon receipt During the course of this Board complaintClient’s treatment, Respondent showed Mother provided recommendations 7 therapist. 8 18. Specifically, Xxxxxxxxxx made the following recommendations and Mother statements 9 regarding medication for Client within emails and progress notes: 10 a. Respondent is concerned about the delay in deciding on medication for Client 11 and Respondent, PNP, Mother, and Client recommend starting ADD 12 medication. 13 b. Respondent hopes to try ADHD medication to salvage Client’s first semester 14 in school. 15 c. Xxxxxxxxxx believes stabilizing the situation is a priority before considering 16 medication. 17 subsequently wrote d. Respondent supports PNP’s recommendation for medication. 18 e. Respondent does not give medication recommendation or advice as she is 19 not a letter of support for doctor but supports PNP’s recommendations. 20 19. During Board staff’s investigative interview, Respondent represented she has 21 never recommended medication but supported what PNP recommended, but records show that 22 Respondent hoped Client would try medication and recommended starting medication. 23 20. Respondent made the following comments about Complainant throughout emails 24 and progress notes: 25 a. Complainant has made very ignorant statements about Client’s medications. 1 b. Respondent observes from Client’s reports that Complainant plays the victim 2 frequently. 3 c. Complainant is not Respondent’s client, but he appears to have strong 4 narcissist tendencies and possibly bipolar based on reports and interactions 5 with Complainant. 6 21. Respondent provided this letter from 18 Mother an informal diagnosis of Complainant when Complainant 7 was never a client of Respondent’s. 8 22. A 04/04/22 Consent for Treatment appears to be missing the following Board’s 9 minimum requirements: 10 a. General procedures to be used in support treatment, including benefits, limitations, 11 and potential risks 12 b. Methods for the client to obtain information about the client’s records 13 c. The client’s right to participate in treatment decisions and in the development 14 and periodic review and revision of the Board complaint.client’s treatment plan 19 10. Respondent engaged in conduct outside 15 d. The client’s right to refuse any recommended treatment or to withdraw 16 consent to treatment and to be advised of the therapeutic relationship with 20 Mother throughout the texting and meeting up in a social setting outside consequences of the therapy setting.refusal or

Appears in 1 contract

Samples: Consent Agreement

FINDINGS OF FACT. 14 1. Respondent is the holder of License No. LPC-15140 LAC-16456 for the practice of 15 counseling in the State of Arizona. 16 2. From 03/21 03/23 09/2205/23, Respondent provided behavioral health services to Client at 17 who was a minor at the time of servicesAgency. 18 3. On 03/24/23, Complainant 2 signed an informed consent which indicated Agency 19 does not provide letters to the courts or provide parenting recommendations to the courts. 20 4. Respondent only met with Client a total of three times and Respondent was 21 made aware during the 03/24/23 intake that the family court wanted Client to engage in therapy. 22 5. On 05/11/23, Complainant 2 requested that Respondent terminate services with 23 Client. 24 6. On 05/23/23, Complainant 1 informed Respondent that Agency would be 25 terminating her employment contract and would allow 30 days to transition clients. 1 7. On 05/23/23, following the termination of Client’s goals therapy services, Respondent 2 wrote a letter addressed to the family court judge directly with her name, LAC and Agency’s 3 name and address at the top which included the following: 4 a. Respondent was writing this letter out of concern for treatment included reducing negative beliefs about selfClient and concern for 5 herself and her livelihood, 19 understanding trauma, and reducing anxiety and depression from Complainant’s verbal 20 emotional abusewhich Complainant 2 has derailed. 21 4. In 05/22, 6 b. Respondent quoted Complainant who is 2’s email where he terminates services and 7 states it seems Complainant 2 wants to find the right fit for himself rather than 8 Client’s father, revoked his consent for Respondent 22 to treat Client and Respondent documented his revoked consent in the 05/11/22 progress note. 23 5. 9 c. Respondent subsequently continued treating Client for roughly 4 months after 24 imagines it became clear to Complainant revoked his consent for 2 that Respondent 10 intended to treat Client. 25 … 1 6. Throughout direct the course of treatmenttreatment and resist manipulation and 11 intimidation. 12 d. Complainant 2 seemed resistant to acknowledging that adverse childhood 13 experiences must be addressed for Client to heal. 14 e. Complainant 2 does not seem to understand the degree to which his 15 behaviors may be delaying and sabotaging Client’s recovery. 16 f. Complainant 2 called her employer, Complainant 1, and Respondent’s 17 employment contract has been canceled. 18 g. Complainant 2 has been successful in waging a war against Mother through 19 the courts and Client is caught in the middle. 20 h. It is Respondent’s understanding that Complainant 2 has already lost one 21 daughter and his relationship with Client is now deteriorating. 22 i. Complainant 2 does not seem open to influence to effect positive change in 23 himself. 24 j. Respondent is terrified of Complainant 2’s position as a police officer. 1 k. Complainant 2 has shown himself to be vindictive and relying on his power to 2 further his agenda. 3 l. Complainant 2 has temporarily destroyed Respondent financially. 4 m. Respondent is pursuing her LPC or a position with a therapist so she can 5 accommodate a court order to work with Client. 6 8. Respondent writes this several page letter to be submitted to the courts outlining 7 her personal concerns with Complainant 2 and failed to consult with anyone prior to writing this 8 letter. 9 9. The informed consent Complainant 2 signed outlined that Agency does not write 10 letters to the courts, and a 06/02/22 group supervision Respondent attended included a 11 conversation around avoiding providing letters of recommendation that would put therapists into 12 an advocate role and create potential boundary violations. 13 10. Respondent extended her boundaries of competence by offering to be a safe 14 harbor therapist for Client yet acknowledged not knowing what a safe harbor therapist was. 15 11. Respondent did not obtain any sort of signed release of information authorizing 16 Respondent to speak directly to the judge or court, meaning Respondent provided personal 17 health information of one of her clients to someone she did not have authorization to do so. 18 12. On 05/26/23, Respondent and Mother exchanged 2 numerous text messages which included was subsequently terminated effective immediately 19 from Agency for writing the 05/23/23. 20 13. On 05/25/23 following notification that her employment contract would be 21 terminated within 30 days, Xxxxxxxxxx wrote a letter addressed to Complainant 2’s Bureau 23 following in part: 24 a. Respondent would like to bring attention that Complainant 2 has used the 25 collar of his position to threaten her. 1 b. Complainant 2 has essentially abused the power of his position in a personal 2 matter that has resulted in Respondent losing her contracted position at 3 a. Mother invited Respondent to Client’s softball gamesAgency. 4 b. They had discussions c. Respondent does not know the full extent of Complainant 2’s mental health 5 but, as an officer, at the least she imagines he has observed and dealt with 6 things on his job that could possibly have affected him in a way that he would 7 benefit from therapy for his mental well-being. 8 d. Respondent hopes Complainant 2 is getting the message she cares more 9 about Complainant “his daughter’s” mental health and the damage implications for the path her life 10 can take due to unresolved trauma than Respondent cares about how 11 intimidated he has caused. 5 c. Respondent offered to write a letter stating Client is being emotionally 6 harmed at Complainant’s home. 7 d. Respondent sent Mother a letter, asked Mother to read it before she sent to 8 Caseworker, and made adjustments that Mother requested. 9 e. Respondent told Mother that Complainant’s views support a narcissistic 10 person. 11 7. Respondent in fact went to some of Client’s softballs game upon Mother’s inviteor might be. 12 8e. The fact is, Complainant 2 can create a world of trouble for Respondent, up 13 to and including her accidental death. 14 f. Respondent is preemptively bringing this to attention because she has no 15 idea how Complainant 2 will react to her letter to the Court and because of 16 the impact that his poor decisions are having on a number of people. 17 g. Respondent believes these are red flags and Complainant 2 is on shaky 18 ground, both personally and professionally. 19 h. Given Complainant 2’s action, he does not seem to truly want to ensure that 20 “his daughter” receives the competent and appropriate care she needs. 21 i. Respondent is not unemployed and Complainant 2 has completed a threat 22 that is going to severely impact her financial obligations, not to mention that 23 she loved and wanted that job. 24 j. This letter included Respondent’s signature on a letterhead for Agency. 1 14. Respondent extended her boundaries of competence by writing a letter to 13 Caseworker providing 2 Complainant 2’s colleague outlining her opinion personal concerns with Complainant 2. 3 15. Following notice that Client could reduce anxiety and depression without the 14 poor living conditions and her employment contract with Agency would be terminated, 4 Respondent writes a letter to Complainant’s verbal abuse without ever witnessing employer using her credentials and Agency’s name 5 in the living 15 conditions in Complainant’s homesignature line. 16 96 16. Upon receipt of this Board complaint, Respondent showed Mother and Mother 17 subsequently wrote a letter of support for Respondent and Respondent provided appears to exploit Client by referencing Client within this letter from 18 Mother to the 7 bureau chief and even implies that Complainant 2 does not want to ensure Client receive 8 appropriate care she needs. 9 17. This letter sent to the bureau chief appears retaliatory in support nature since 10 Respondent only writes this letter after she is notified of the Board complaintimpending termination from Agency. 19 10. Respondent engaged in conduct outside of the therapeutic relationship with 20 Mother throughout the texting and meeting up in a social setting outside of the therapy setting.

Appears in 1 contract

Samples: Consent Agreement

FINDINGS OF FACT. 14 8 1. Respondent is the holder of License No. LPC-15140 LAC-20502 for the practice of 15 9 counseling in Arizona. 10 Complaint No. 2023-0080 11 2. Prior to becoming licensed, Respondent had a business (“Agency 1”), which 12 provided support groups services and parenting classes. 13 3. In 12/21, in order to add therapy services to Agency 1, Respondent applied and 14 was approved for supervised private practice. 15 4. Respondent later separated her therapy practice from Agency 1 and created a 16 separate entity (“Agency 2”). 17 5. From 03/21 02/22 09/2206/22, Respondent provided behavioral health therapy services to Client 17 who was a minor client (“Mother”) 18 at the time of servicesAgency 1 and continued to provide services through Agency 2 until 09/22. 18 319 6. Client’s goals for treatment included reducing negative beliefs about self, 19 understanding trauma, Mother wanted to work on her struggles with her divorce and reducing anxiety and depression being separated 20 from Complainant’s verbal 20 emotional abuseher children in therapy. 21 47. In 05/22During Mother’s treatment, Complainant who is ClientRespondent testified on court at Mother’s father, revoked his consent for Respondent and her 22 to treat Client and Respondent documented his revoked consent in the 05/11/22 progress noteattorney’s request. 23 58. In 03/22, Respondent subsequently continued treating Client for roughly 4 months after was empowered by the court to organize therapeutic 24 Complainant revoked his consent for Respondent to treat Clientsupervised time with Mother. 25 … 1 69. Throughout Respondent represented, during an investigative interview, that she advocated 2 for her involvement at the course of treatmentbeginning and the service was going to be both supervised parenting 3 time and therapy. 4 10. Due to not being able to coordinate therapeutic supervised visitation services, 5 Respondent did not provide the service and therapy services with Mother continued. 6 11. In a 09/22 Minute Entry, it was agreed that Respondent would provide 7 supervision to Mother’s parenting time. 8 12. Mother’s last therapy session was on 09/20/22, and Mother was discharged from 9 therapy services at Agency 2 on 09/27/22 with the agreement that she could restart services at 10 any point. 11 13. On 09/24/22, a supervised parenting time visit through Agency 1 took place. 12 14. From 09/22 – 12/22, supervised parenting time services continued and were 13 provided by both Respondent and Mother exchanged 2 numerous text messages which included other Agency 1 employees. 14 15. Xxxxxxxxxx represented the following during her investigative interview: 15 a. Respondent terminated services with Mother because her treatment goals 16 were met. 17 b. Respondent did not feel it would be appropriate to continue therapy services 18 because Mother was going to be receiving supervised parenting time 19 services. 20 c. Respondent decided it would be appropriate to provide this service to a 21 former therapy client due to her interpretations of the Board’s rules. 22 16. Respondent shifted from a therapeutic provider role and into a role facilitating 23 parenting time for a former client. 24 … 25 … 1 17. Respondent represented she previously believed it would have been appropriate 2 to have Mother return for therapy services because of their rapport and due to the belief it would 3 clinically benefit Mother. 4 18. While providing therapy services to Mother, Xxxxxxxxxx wrote a 09/22 letter to 5 the court which outlined the following, in part: 3 6 a. Mother invited Respondent to Client’s softball games. 4 b. They had discussions about Complainant and the damage he has caused. 5 c. Respondent offered to write a letter stating Client is being emotionally 6 harmed at Complainant’s homeher children would benefit from therapeutic sessions. 7 d. Respondent sent b. Mother would benefit from having a letter, asked Mother professionally trained parenting 8 supervisor and/or therapeutic visitation to read it before she sent to 8 Caseworker, and made adjustments that Mother requesteduse the skills learned in counseling. 9 e. c. A lack of consistency alienates mother. 10 d. Emotional distressed endured during visitation and a lack of professional 11 services undermines Mother. 12 19. Respondent told Mother went beyond providing factual information by including subjective 13 statements and recommendations. 14 20. Despite becoming aware that ComplainantMother’s views treatment would involve a high conflict 15 family and being involved in court proceedings early on in treatment, Respondent represented 16 the following regarding her experience: 17 a. Respondent was a brand-new therapist and did not know she was going to 18 be involved in a contentious case. 19 b. Respondent does not have any specialized training for working with high 20 conflict families or court cases. 21 21. A review of Respondent’s social media showed her Facebook page included 22 various posts relating to Agency 1 and contained website links for Agency 1 and Agency 2. 23 22. In a 11/22 post, Respondent created a fundraiser for Agency 1 and asked for 24 donations to support a narcissistic good cause. 1 23. In a 10/21 post, Respondent requested donations for Agency 1 for her birthday 2 because their mission means a lot to her. 3 24. Respondent utilized a platform that was accessible to her clientele to request 4 donations for Agency 1, publicly noting it was for a good cause, while having ownership of 5 Agency 1. 6 25. Furthermore, a review of Mother’s clinical record demonstrated various 7 documentation deficiencies. 8 26. Therapy consent forms for Agency 1 and Agency 2 were missing four required 9 elements. 10 person27. Mother’s Agency 1 treatment plan was missing two required elements. 11 728. Respondent in fact went to some of Client’s softballs game upon Mother’s inviteAgency 2 treatment plan was missing one required element. 12 829. Respondent extended her boundaries of competence by writing a letter to 13 Caseworker providing her opinion that Client could reduce anxiety and depression without the 14 poor living conditions and ComplainantRespondent’s verbal abuse without ever witnessing the living 15 conditions in Complainant’s homeAgency 1 progress notes were missing one required element. 16 913 30. Upon receipt Some of this Board complaint, Respondent showed Mother and Mother 17 subsequently wrote a letter Respondent’s releases of support information for Respondent and Respondent provided this letter from 18 Mother in support of the Board complaintAgency 1 were missing two 14 required elements. 19 1015 31. Respondent engaged in conduct outside Some of the therapeutic relationship with 20 Mother throughout the texting and meeting up in a social setting outside Respondent’s releases of the therapy settinginformation for Agency 2 were missing one 16 required element.

Appears in 1 contract

Samples: Consent Agreement for Voluntary Surrender