Legal Question in Criminal Law in California
DOES aRN licensed in CA have to report Child abuse if he was found guilty in Family court or are the family court records sealed?\
I was not arrested but found guilty in family court
2 Answers from Attorneys
You, and your employer and your licensing agency, will likely find this on your 'permanent record' when they check. Therefore, you will be confronted with it at some point, and will likely face a licensing revocation / suspension action by the agency. If you fail to voluntarily disclose it now, it will look worse later, because you are probably required by your licensing rules to disclose such things when they happen.
If serious about hiring counsel to help in this feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
Criminal courts have a higher burden of proof than family courts. In family courts, the burden of proof is facts alleged should be proven to be "more likely than not" whereas in a criminal court you are tried by a jury and the prosecutor must prove "beyond a reasonable doubt" that you committed the offense you are accused of.
If you were found to have engaged in "Child Abuse" by a family court, then it is not a criminal conviction. What constitutes "child abuse" in family law is very different from what constitutes "child abuse" for criminal law purposes so without further information it would be impossible to determine if the "child abuse" you were accused of in the family law court has implications with your licensing as a registered nurse. Further, California's state licensing web site for registered nurses only indicates a reporting requirement for things you are criminally convicted of (not something you were merely accused of doing). See here: http://www.rn.ca.gov/applicants/lic-faqs.shtml#disc1
Not knowing what you are accused of, or who made the accusation against you or what proof existed, it would be impossible for me to give you guidance and my statements above should not be construed as legal advice or the establishment of an attorney-client relationship. Ultimately, you should seek the advice of an attorney who is familiar with RN licensing requirements.
Julian Summers
The Law Office of Julian Summers
50855 Washington Street, Ste 2C-158
La Quinta, CA 92253
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