California Licensed Clinical Social Worker License Defense Attorney

California Board of Behavioral Sciences License Defense Lawyer

The California Board of Behavioral Sciences, known as the BBS, licenses approximately 40,000 Licensed Clinical Social Workers and Associate Clinical Social Workers in the State of California. Most California Licensed Clinical Social Workers have minimal or no contact with the enforcement arm of the California Board of Behavioral Sciences. For Licensed Clinical Social Workers who become part of the California Board of Behavioral Sciences’ disciplinary process, the consequences are profound. The Licensed Clinical Social Worker License disciplinary process is complex, procedural and time consuming. Licensed Clinical Social Workers facing the California Board of Behavioral Sciences disciplinary process should seek legal representation from an experienced California Licensed Clinical Social Worker License Defense Attorney.

California Board of Behavioral Sciences Investigation Defense Lawyer

The majority of California Board of Behavioral Sciences investigations begin with the filing of a consumer Complaint. However, California Board of Behavioral Sciences Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Behavioral Sciences utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Licensed Clinical Social Workers. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Board of Behavioral Sciences disciplinary process. At the conclusion of a California Board of Behavioral Sciences investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Licensed Clinical Social Worker facing a California Board of Behavioral Sciences investigation, contact a California Licensed Clinical Social Worker License Defense Attorney for representation.

California Licensed Clinical Social Worker License Accusation Defense Attorney

A formal Accusation served on a California Licensed Clinical Social Worker serves as notice to a Licensed Clinical Social Worker that the Board intends to revoke the Licensed Clinical Social Worker License. The Licensed Clinical Social Worker, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Licensed Clinical Social Worker. A Default will result in the immediate Revocation of the Licensed Clinical Social Worker License.

An Accusation is a serious matter that can result in the suspension or revocation of a Licensed Clinical Social Worker License in California. In many cases, it is possible for Licensed Clinical Social Workers to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Behavioral Sciences. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Licensed Clinical Social Workers facing a California Board of Behavioral Sciences Accusation should contact an experienced California Licensed Clinical Social Worker License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Licensed Clinical Social Workers include:

California Licensed Clinical Social Worker License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Board of Behavioral Sciences can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Behavioral Sciences’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Licensed Clinical Social Worker to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Licensed Clinical Social Worker can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Licensed Clinical Social Workers facing a California Board of Behavioral Sciences Administrative Law Hearing need effective representation from a California Licensed Clinical Social Worker License Defense Lawyer.

California Licensed Clinical Social Worker License and Criminal Convictions

The California Board of Behavioral Sciences can discipline Licensed Clinical Social Workers for criminal convictions. California Board of Behavioral Sciences discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Licensed Clinical Social Worker. Common criminal offenses that can cause Licensed Clinical Social Worker License discipline are:

The California Board of Behavioral Sciences and other law enforcement agencies also investigate criminal conduct by Licensed Clinical Social Workers in the course and scope of their practice. Criminal investigations often involve Licensed Clinical Social Workers engaged in Insurance Fraud, Unlawful Practice of Medicine, Unlawful Practice of Psychology and Unlawful Representation as a Physician. In serious criminal cases against Licensed Clinical Social Workers pending in Criminal Court, the California Board of Behavioral Sciences and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Licensed Clinical Social Worker. A California Penal Code § 23 Order seeks to suspend a Licensed Clinical Social Worker License in Criminal Court.

Licensed Clinical Social Workers facing criminal charges and Licensed Clinical Social Workers who are convicted of criminal offenses need an experienced California Licensed Clinical Social Worker License Defense Attorney for representation in disciplinary proceedings before the California Board of Behavioral Sciences.

California Licensed Clinical Social Worker License Statement of Issues Attorney

The California Board of Behavioral Sciences thoroughly investigates all applicants for Licensed Clinical Social Worker Licenses. The California Board of Behavioral Sciences may deny a California Licensed Clinical Social Worker License to Licensed Clinical Social Worker students and Licensed Clinical Social Workers from other states and countries. Most California Licensed Clinical Social Worker License denials occur due to criminal convictions, financial problems or misstatements on the Licensed Clinical Social Worker License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Licensed Clinical Social Worker License should contact a California Licensed Clinical Social Worker License Denial Lawyer for representation in a California Board of Behavioral Sciences Statement of Issues Hearing.

California Licensed Clinical Social Worker Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Licensed Clinical Social Workers who have received a Licensed Clinical Social Worker License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Licensed Clinical Social Worker License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Behavioral Sciences. A successful Licensed Clinical Social Worker License Petition for Reinstatement requires representation by an experienced California Licensed Clinical Social Worker License Defense Attorney.