One of the biggest issues that people have has been getting a copy of their file from the forensic evaluators so that we can submit a complete complaint with evidence.
Dr Sherry has refused to even respond to multiple written requests for our files. When we complained to the TSBEP about this Darrel Spinks Executive Director of TSBEP stated "she is under no obligation under TSBEP rules to provide you with any records because you were neither her patient nor a client. See the definitions of those terms under Board rule 465.1. In fact, the court that appointed Dr. Sherry is considered her client under our rules"
After reading TSBEP 465.18 and after seeking advice from outside professionals we have several points below that counter these claims.
First of all the court did not sign the contract with Legal Consensus (Dr. Sherry's company), We signed the contracts. The court did not pay Dr. Sherry $50,000 for her services, we paid for the services. Both of these facts make us the client in a contractual relationship.
Page 3 of the Policies and Consent form that we all signed with Dr. Sherry clearly states: RELEASE OF FILE. Both attorneys will be cc’d on correspondence about substantive issues arising in your case. Section 107.112 of the Texas Family Code indicates that we are required to make available a copy of our file related to your case for either attorney/party that requests such. The code does not mandate the requirement of a subpoena for these records and as such, if such a request is made, we will provide a copy to each side without a subpoena, unless the court issues an order restricting such disclosure.
TSBEB's position is that Dr. Sherry does not have to abide by the contract that she signed with us. Also that she does not have to abide by the Texas Family Code The TSBEP is of no help in enforcing psychologists to abide by Family code and their contracts!
Page 1 of the Fee Agreement for Forensic Examination that we signed with Dr. Sherry clearly states: Client or Examinee. The client is the retaining attorney in a consultation relationship and the examinees are the litigants named in the court order in an evaluation relationship unless otherwise agreed upon in writing or by court order. (Our court orders do not make any statements otherwise and there was no agreement in writing making the court the client.) Dr. Sherry's own signed agreement denies TSBEP's claim that the court is the client and states that the client is the retaining attorney. In the absence of an attorney, the Examinee is pro se and is the client, otherwise, TSBEP would be discriminating against pro se litigants. We all signed an agreed order asking for a custody evaluation that was entered into our cases and approved and signed by the Judge. We are the clients and the ones that agreed to or asked for a custody evaluation.
According to TSBEP rules and definitions that Darrel Spinks referenced in 465.1 there are only three definitions listed that pertain to persons:
--- "Client" means a party other than a patient seeking or obtaining psychological services, as defined in §501.003 of the Occupations Code, for a third-party with the goal of assisting or caring for that third-party or answering a referral question through the use of forensic psychological services.
--- "Licensee" means a licensed psychologist, provisionally licensed psychologist, licensed psychological associate, licensed specialist in school psychology, applicants to the Board, and any other individual whom the Board has the authority to discipline under these Rules.
--- "Patient" means a person who receives psychological services, as defined in §501.003 of the Occupations Code, regardless of whether the patient or a third- party pays for the services. The term "patient" shall include a client if the client is a person listed in §611.004(a)(4) or (5) of the Health and Safety Code who is acting on a patient's behalf. A person who is the subject of a forensic evaluation is not considered to be a patient under these rules.
We clearly are not the Licensee and Darrell Spinks says that we are not a Client or a Patient. TSBEP has refused to point us to the definition in their rules that specifies what our role is in this contractual agreement.
It is our stance that we would need to fall under one of the existing definitions and the only existing definition that would apply would be the client, just like the contract with Dr. Sherry States
465.18 (e) (6) (A) of the TSBEP RULES for Forensic Services states: (A) Licensees shall comply with the requirements of Tex. Fam. Code Ann. §107.112 regarding:
(i) the disclosure of communications between evaluation participants;
(ii) the creation and retention of records relevant to the evaluation; and
(iii) access to evaluation records
TSBEP's own rules very definitely specify that we have access to our evaluation records when there is forensic services being rendered.
Sec. 107.112 (c) of the Texas Family Code regarding COMMUNICATIONS AND RECORDKEEPING OF CHILD CUSTODY EVALUATOR states: Except for records obtained from the department in accordance with Section 107.111, a private child custody evaluator shall, after completion of an evaluation and the preparation and filing of a child custody evaluation report under Section 107.113, make available in a reasonable time the evaluator's records relating to the evaluation on the written request of an attorney for a party, a party who does not have an attorney, and any person appointed under this chapter in the suit in which the evaluator conducted the evaluation, unless a court has issued an order restricting disclosure of the records.
So to clarify, the TSBEP'S stance is that Dr. Sherry and other custody evaluators do not have to conform to TSBEP board rule 465.18(e)(6)(A) nor do they have to comply with Texas Family Code rule 107.112(c). TSBEP has refused to show us where Dr. Sherry and custody evaluators are exempt from abiding by these laws and rules.
Darrel Spinks, the Executive Director of the TSBEP has stated in writing via email that TSBEP refuses to follow their own rules and Texas laws nor are they enforcing that their licensees follow the codes and laws. This email documentation has been copied to us and can be provided via a request to txfamilycourtcorruption@gmail.com
The last response from Mr. Spinks stated
"Please understand I'm not going to engage in a debate with you via email, but a court is clearly included under our definition of client. You were technically an examinee, but that is not a defined term under our rules...you are not a patient or client under our rules. I cannot do any better than point you to our rules, and the definitions in them and I will not entertain any further discussion on these topics.
And yes TSBEP and Dr. Sherry do have to comply with our own rules and Ch. 107 of the Family Code, but your understanding of what the law is or requires does not bind this agency."
And Mr. Spinks has refused to respond or assist in any way with this matter.
When these matters are in regard to dozens of people that have spent millions of dollars trying to overcome fraudulent and negligent custody evaluations by the SAME evaluator (a psychologist that was a previous board member of the TSBEP). When we need copies of our files to file complete complaints and the TSBEP codes and Texas law states that we have the right to these files. When there are 15 complaints against this SAME evaluator and TSBEP is simply dismissing them one by one. Do the described actions above by Darrel Spinks and the TSBEP seem to be what is truly in the best interest of the children that are affected? Or is it more like the Board protecting their own trying to keep us from filing more complete complaints?