The second complaint alleged that CD failed to report a report of child abuse by one of his clients.
Outcome: During an informal conference Bertolino LLP argued that CD did not fail to terminate services, nor did he fail to transfer services. We provided evidence that the client was benefiting from CD’s treatment and that it was the client who failed to make his last two appointments. We argued that had the client reported for his last remaining sessions, CD would have properly terminated the client after the last session. CD testified that after this complaint he modified his administrative procedures for following up with clients and scheduling client appointments. He also apologized for purchasing the items from the client, but that the exchange of was client’s idea, CD did not bring it up and he paid the price the client requested. Based on the above, the Council dismissed the complaint with a non-disciplinary letter requiring CD to complete 3 hours of continuing education.
Regarding the second complaint, Bertolino LLP argued that CD was not required to report the child abuse. Per the code, a professional is only required to report when he has “reasonable cause” to believe the abuse occurred. In this situation, we argued that CD did not have reasonable cause. He did not believe the report. He based such belief on witness statements, third party reports and his professional opinion of the credibility of the report. After argument, the Council dismissed the complaint.