BS oan of Cairn anes Services Housing Agency Department of Consneer Ais Behavioral Sciences November 17, 2015 Adam Michael Sakcs 4335 Willow Glen Street Calabasas, CA 91302 RE: Barry Tonnis Levy, LMFT 13388 Case No. 2002014001373 Dear Mr, Sacks: This is to inform you that an Accusation has been filed against the above- named individual by the Board of Behavioral Sciences (Board) based, in part, on information you provided. The Office of the Attorney General for the State of California is prosecuting this case on behalf of the Board. You will be notified if an administrative hearing is scheduled and your attendance is needed. Please be sure to notify us if you move or change telephone numbers. Your assistance as a potential witness is appreciated by the Board of Behavioral Sciences, the Office of the Attorney General, and the citizens of California, If you have any questions or concems, please feel free to contact Sandra Wright, Discipline Analyst, at (916) 574-7752 Sincerely, hur Ruy . Jotid Ruprecht Enforcement Technician Enclosure (Accusation)1 |) KamaLa D. Harris Attorney General of California 2 || Marc D. Greenbaum Supervising Deputy Attorney General 3 || Cristina THomas Deputy Attorney General 4 || State Bar No. 171168 300 So. Spring Street, Suite 1702 5 || Los Angeles, CA 90013 ‘Telephone: (213) 897-2557 6 |) Facsimile: (213) 897-2804 Attorneys for Complainant 1 BEFORE THE 8 BOARD OF BEHAVIORAL SCIENCES DEPARTMENT OF CONSUMER AFFAIRS . S STATE OF CAL RNIA 10 uy | Inthe Matter ofthe Accusation Against Case No, 200-2014-1373 BARRY TONNIS LEVY 12 || 2750 Bellflower Bivd., Ste. 206 B & C 15 || Leng Beach, CA 908i ACCUSATION Marriage and Family Therapist License No. 14 || LMFT 13388 15 Respondent. 7 Complainant alleges: 18 PARTIES 19 1, Kim Madsen ("Complainant") brings this Accusation solely in her official capacity as 20 || the Executive Officer of the Board of Behavioral Sciences, Department of Consumer Affairs. 21 2. Onor about January 10, 1979, the Board of Behavioral Sciences ("Board") issued Marriage und Family Therapist License Number LMFT 13388 to Barry Tonnis Levy 23 |) ("Respondent"). The Marriage and Family Therapist License was in full force and effect at all 24 || times relevant to the charges brought herein and will expire on December 31, 2016, unless. 25 |) renewed. 26 Wty 28 | i AC ISATION1 JURISDICTION 2 3. This Accusation is brought before the Board under the authority of the following 3 || laws. All section references are to the Business and Professions Code ("Code") unless otherwise 4 |} indicated. 5 4, Section 118, subdivision (b), of the Code provides that the suspension, expiration, 6 || surrender, or cancellation of a license shall not deprive the Board of jurisdiction to proceed with a 7 || disciplinary action during the period within which the license may be renewed, restored, reissued 8 || or reinstated. 9 10 5. Section 4982 states, in pertinent part: u "The board may deny a license or registration or may suspend or revoke the lic 12 || registration of a licensee or registrant if he or she has been guilty of unprofessional conduct. 13 |} Unprofessional conduct includes, but is not limited to, the following: 4 15 "(@) Gross negligence or incompetence in the performance of marriage and family therapy. 16 7 (8) Performing or holding oneself out as being able to perform professional services 18 || beyond the scope of one's competence, as established by one’s education, training, or experience. 19 || This subdivision shall not be construed to expand the scope of the license authorized by this 20 |} chapter." 21 see 22 23 6. Section 125.3 of the Code provides, in pertinent part, that the Board may request the 24 || administrative law judge to direct a licentiate found to have committed a violation or violations of 25 |) the licensing act to pay a sum not to exceed the reasonable costs of the investigation and 26 || enforcement of the case. a7 iil 28 | /// i TARRY TON: IS LEVY NTION26 FACTUAL BACKGROUND 7. On or about July 4, 2012, Mr. G. and Mrs. G. separated. On September 18, 2013, Mr. G. and Mrs. G. entered into a stipulation granting them joint legal custody of their four children, with sole physical custody to Mrs. G. and visitation rights to Juan, 8. Onorabout March 27, 2014, Mr. G. and Mrs. G. entered into a supplemental stipulation providing that Mr. G. would attend a "reunific mn therapy session" with Respondent, and that Mr. G. would attend further sessions if Respondent thought it was in the best interests of the children to do so, At that time, the children were Respondent's clients. 9. Onorabout June 10, 2014, Respondent wrote a fetter to the Los Angeles Superior Court ("Court") at the request of Mrs. G.'s attorney detailing his opinions about Mr. G., Mr. G.'s parental fitness, and Mr. G.'s refationship with his children, This letter was attached to Mrs. G.'s ex parte application, which was heard on June 11, 2014, for a change in the visitation order. Included in the letter were various recommendations to the Court regarding custody, visitation, and other orders, RST CAUSE FOR DISCIPLINE 3ross Negligence) 10. Respondent is subject to disciplinary action under Code section 4982, subdivision (d) on the grounds of gross negligence in that his conduct constituted an extreme departure from the standard of care ordinarily exercised by a competent licensed marriage and family therapist. The circumstances, which include by reference Paragraphs 7 through 9, as though fully set forth herein, are as follows: 11. Respondent was a therapist for Mr. G. and Mrs. G.’s four children and was retained to be a reunification therapist for Mr. G. and the children, 12. On orabout June 10, 2014, Respondent wrote a leiter to the Court which made recommendations regarding custody of the children and other matters without the Court having asked him to do so and without obtaining the permission of both Mr. G. and Mrs. G. i SATIONee 26 27 28 13. Respondent placed himself in the dual roles of reunification therapist and custody evaluator, in that he saw Mr. G. and the children for the purpose of reunifying them, but then made custody recommendations to the Court, thereby creating a conflict of interest. SECOND CAUSE FOR DISCIPLIN! (incompetence) 14, _ Respondent is subject to disciplinary action under Code section 4982, subdivision (d) on the grounds of incompetence in that Respondent failed to exercise that degree of learning, skill, care, \d experience ordinarily possessed and exercised by a competent licensed marriage and family therapist. The circumstances, which include by reference Paragraphs 7 through 9, as though fully set forth herein, are as follows: 15. Respondent was a therapist for Mr. G. and Mrs. G.'s four children and was retained to be a reunification therapist for Mr. G. and the children 16. Onor about June 10, 2014, Respondent wrote a letter to the Court which made recommendations regarding custody of the children and other matters without the Court having asked him to do so and without obtaining the permission of both Mr. G. and Mrs. G. 17. Respondent placed himself in the dual roles of reunification therapist and custody evaluator, in that he saw Mr. G. and the children for the purpose of reunifying them, but then made custody recommendations to the Court, thereby creating a conflict of interest. THIRD CAUSE FOR DISCIPLINE (Performing Services Beyond the Scope of Competence and Training) 18. Respondent subject to disciplinary action under Code section 4982, subdivision (s) in that he performed servi beyond the scope of his competence, as established by his training, education, and experience. ‘The circumstances, which include by reference Paragraphs 7 through 9, as though fully set forth herein, are that Respondent made custody recommendations to the Court when he did not possess sufficient training, education, or experience to make such recommendations, wt Wt BARRY TONNIS I1 PRAYER 2 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, 3 || and that following the hearing, the Board of Behavioral Sciences issue a decision 4 Revoking or suspending Marriage and Family Therapist License Number LMET 5 || 13388, issued to Barry Tonnis Levy: 6 Ordering Barry Tonnis Levy to pay the Board of Behavioral Sciences the reusonable 7 |] costs of the investigation and enforcement of this case, pursuant to Business and Professions 8 |} Code section 125.3; and 9 3. Taking such other and further action as deemed necessary and proper. 10 nl 12]] DATED: November 17, 2015 aad KIM MADSEN 13 ecutive Officer Board of Behavioral Sciences 14 Department of Consumer Affairs State of Californi 1s Complainane LA2015501451 16 |] 61742016.00cx 0 18 19 20 ; 24 2 2B 24 25 | 26 | 28 5 aR