How the California Board of Psychology’s Opposition to a Motion in Limine Raises Serious Public-Interest Concerns
Key Issue for Press & Legislators
I have filed a Respondent’s Motion in Limine to Establish Evidentiary Standards in my disciplinary proceeding before the California Board of Psychology. This motion simply asks for the application of the same standards that govern all professional psychology:
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- the APA Ethics Code
- the DSM-5
- established scientific knowledge
- evidentiary sufficiency requirements
In response, the California Board of Psychology has filed an Opposition asserting that:
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- the DSM-5 is irrelevant
- established scientific knowledge is irrelevant
- the APA Ethics Code is irrelevant
- whether statements were true is irrelevant
These positions are unprecedented in professional regulation and contradict the mandatory ethical standards that define the practice of psychology—particularly:
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- APA Standard 2.04 (use of established scientific knowledge)
- APA Standard 9.01 (bases for assessment)
- APA Standards 1.04 & 1.05 (duty to protect)
By asserting that ethics, science, diagnostic criteria, and truth are “irrelevant,” the Board’s Opposition effectively blocks any psychologist from defending themselves using the very standards they are required to follow.
This has profound implications:
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- for the integrity of psychological regulation,
- for child safety in high-conflict custody litigation,
- for whistleblower protections,
- and for the Board’s statutory mandate to protect the public.
Below are both documents so the public can review the filings directly.
Respondent’s Motion in Limine to Establish Evidentiary Standards
Complainant’s Opposition to Respondent’s Motion in Limine
Why Evidentiary Standards Matter in Psychology Discipline
A Motion in Limine is a pre-hearing request asking the adjudicator to decide, in advance, what evidence may be considered and what standards govern that evidence. In this case, the Motion does not seek any special treatment. It asks only that a psychologist’s conduct be evaluated using the same standards that already govern the profession.
These are not abstract academic requirements. They are mandatory safeguards:
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- Established scientific and professional knowledge (APA Ethics Code Standard 2.04)
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- Sufficient evidentiary foundations (APA Standard 9.01)
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- Diagnostic criteria recognized by the profession (DSM-5)
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- An overriding duty to avoid harm and protect vulnerable persons (APA Standards 3.04, 1.04, and 1.05)
These standards exist for a reason. Psychology is a powerful profession. When psychologists speak—especially in court-involved contexts—their words shape judicial decisions, family outcomes, and child safety. Ethical and scientific constraints are what distinguish professional judgment from speculation, ideology, or advocacy.
Independent Expert Consensus on Family Court Evaluations
The concerns at issue in this case are not idiosyncratic. They reflect expert consensus documented by independent review bodies.
The New York State Blue Ribbon Commission on Forensic Custody Evaluations, after comprehensive review, concluded that forensic custody evaluations in family courts are “dangerous” and “harmful to children,” that they “lack scientific or legal value,” and that they generate “defective reports” that lead to “potentially disastrous consequences for parents and children.”
From the NY Blue Ribbon Commission:
“In their analysis, evaluators may rely on principles and methodologies of dubious validity. In some custody cases, because of lack of evidence or the inability of parties to pay for expensive challenges of an evaluation, defective reports can thus escape meaningful scrutiny and are often accepted by the court, with potentially disastrous consequences for the parents and children.” (p. 4)
“By an 11-9 margin, a majority of Commission members favor elimination of forensic custody evaluations entirely, arguing that these reports are biased and harmful to children and lack scientific or legal value. At worst, evaluations can be dangerous, particularly in situations of domestic violence or child abuse… These members reached the conclusion that the practice is beyond reform and that no amount of training for courts, forensic evaluators and/or other court personnel will successfully fix the bias, inequity and conflict of interest issues that exist within the system.” (p. 4)
NY Blue-Ribbon Commission Report on Forensic Custody Evaluations
The Motion in Limine therefore asks a narrow and necessary question:
If a psychologist is disciplined for criticizing other psychologists, may that criticism be evaluated using the same ethical and scientific standards that define the profession itself?
The California Board of Psychology’s Opposition answers that question in the negative.
According to the Board’s filing, the DSM-5 is not relevant to determining whether a psychologist correctly criticized the misuse of diagnostic constructs. The APA Ethics Code is not relevant to determining whether a psychologist adhered to mandatory ethical obligations. Scientific validity is not relevant to determining whether professional statements were appropriate. Even the truth or falsity of the underlying statements is deemed irrelevant.
If accepted, this position would mean that a psychologist could be sanctioned without regard to whether their statements were scientifically accurate, ethically required, or necessary to protect children from harm. It would also mean that unvalidated or discredited constructs could be shielded from scrutiny simply by excluding the standards that would expose their deficiencies.
That is not how professional regulation is supposed to function. The purpose of discipline is to protect the public—not to insulate unsafe practices from criticism, and not to punish psychologists for insisting on scientific and ethical accountability.
The Board’s exclusion of ethical context creates a more fundamental problem—it removes truth as a defense entirely.
Why Truth Must Be an Absolute Defense in Professional Discipline
At the core of this case is a basic principle of fairness: a professional cannot be disciplined for making statements unless they are allowed to prove those statements were true.
This principle is foundational to professional discipline, administrative law, and whistleblower protections. It is also recognized in First Amendment jurisprudence, where truth is an absolute defense against defamation claims—even for private figures.
When a psychologist is accused of “unprofessional conduct” based on the content of professional criticism, the truth or falsity of that criticism is not a side issue—it is the issue.
In my case, the criticisms at issue were specific and professional in nature. They asserted that certain forensic practices:
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- lack a scientific foundation,
- do not meet DSM-5 diagnostic standards,
- fail to comply with APA Ethical Standards 2.04, 9.01, and 3.04, and
- place children and parents at risk of psychological harm.
Those assertions are either true or false. There is no ethically meaningful middle ground.
If they are false, discipline may be appropriate. If they are true, discipline is not only inappropriate—it punishes ethical compliance.
The Board’s Opposition to my Motion in Limine attempts to avoid this dilemma by declaring that truth is irrelevant. Under this theory, a psychologist may be sanctioned even if their statements were scientifically accurate, ethically required, and necessary to prevent harm.
That position collapses the purpose of professional regulation.
Licensing boards exist to enforce standards of care, not to detach discipline from reality. A process in which truth cannot be considered is not regulating professional conduct—it is regulating speech based on outcome or inconvenience.
This is especially dangerous in child-welfare contexts. If psychologists know they may be punished for accurately identifying unethical or harmful practices, the incentive structure shifts dramatically. Silence becomes safer than integrity. Compliance becomes more important than protection. Children and families lose the benefit of professional warnings precisely when they are most needed.
The Motion in Limine therefore asks for something minimal and essential: that professional criticism be evaluated using the same ethical, scientific, and diagnostic standards that govern professional practice. The Opposition’s refusal to allow that evaluation does not merely disadvantage one respondent—it establishes a precedent that undermines the integrity of psychology regulation itself.
This contradiction places psychologists in an impossible bind—required by ethics to act, yet prohibited from proving why their actions were required.
The Mandatory Nature of Ethical Obligations
The APA Ethics Code is mandatory, not optional, for psychologists. Psychologists do not have discretion when it comes to protecting vulnerable individuals from harm.
When a psychologist becomes aware of ongoing or systemic practices that place children or families at risk, APA Standards 1.04 and 1.05 require action. Those actions include:
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- attempting informal resolution when appropriate,
- reporting ethical violations when resolution fails, and
- taking reasonable steps to prevent foreseeable harm.
In this case, my professional criticisms arose precisely from those obligations. The issue was not a difference of opinion or a personal dispute. It was the repeated use of unvalidated constructs in family court proceedings—constructs that obscure the identification of child psychological abuse and expose children to ongoing harm.
Recognizing that risk, I attempted to discharge my duty-to-protect responsibly and constructively through professional education, consultation, publication, direct discussions with Dr. Bernet, and ultimately through a Settlement Counter-Proposal to the California Board of Psychology that offered concrete, implementable reforms designed to protect children and parents.
The Board declined to receive that discharge of duty and instead continued to pursue sanctions. Once a regulatory agency rejects a resolution that would address the underlying safety concern, the Ethics Code leaves the psychologist with only one remaining avenue: documentation of the risk and the ethical basis for concern into the formal record of the proceeding.
The Impossible Bind Created by the Board’s Opposition
This is where the Board’s position becomes internally contradictory.
On the one hand, the Board’s pursuit of sanctions triggers the very ethical duties that require documentation of harm, scientific evidence, and ethical justification. On the other hand, the Board’s Opposition asserts that ethical standards, scientific validity, diagnostic criteria, and the truth of the underlying concerns are all irrelevant.
A psychologist is required to act to protect children and parents, yet prohibited from presenting the ethical, scientific, and diagnostic evidence that explains why that action was required. The result is a proceeding in which compliance with professional ethics becomes a liability rather than a safeguard.
This inversion undermines the very purpose of professional regulation. A licensing board cannot both demand ethical compliance and forbid the evidence that demonstrates it. When that happens, the disciplinary process ceases to function as a mechanism of public protection and instead becomes a mechanism of suppression—particularly of professionals who raise concerns about systemic harm.
This issue is not confined to professional discipline—it has direct and serious implications for child safety in family court proceedings.
What This Means for Children in Family Court
The consequences of the Board’s position are not confined to professional discipline. They reach directly into family court proceedings, where psychological opinions can determine custody, visitation, and a child’s exposure to harm.
In high-conflict custody cases, psychologists are often asked to assess family dynamics, child behavior, and allegations of abuse. These opinions carry extraordinary weight. Courts rely on them to identify risk, protect children, and make decisions that shape a child’s development for years.
These requirements exist because psychological opinions in family court can determine whether a child remains in an abusive environment or is protected from harm.
For that reason, the profession imposes strict requirements:
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- Diagnostic conclusions must be grounded in recognized DSM criteria.
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- Interpretations must rely on established scientific knowledge.
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- Assessments must have sufficient evidentiary foundation.
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- Psychologists must take reasonable steps to avoid harm and to protect vulnerable children.
When unvalidated constructs—such as “parental alienation” theories lacking DSM recognition—are used in place of established diagnostic frameworks, those safeguards break down. Allegations of abuse may be reframed as relational conflict. Children’s fear responses may be misinterpreted as manipulation. Patterns of coercion or psychological control may go unidentified.
The risk is not theoretical. As the New York Blue Ribbon Commission documented, current practices in forensic custody evaluation have led to children being placed in dangerous situations—in some cases resulting in murder by the parent who received custody following an evaluation.
When a psychologist identifies these risks and raises concerns grounded in ethics and science, that action serves a protective function. It alerts courts, professionals, and regulators to potential harm. It allows corrective action before damage becomes irreversible.
The Board’s Opposition to applying ethical and scientific standards removes that protective function. If the DSM-5, the APA Ethics Code, and evidentiary sufficiency are deemed irrelevant, then there is no principled way to distinguish valid child-protection analysis from speculative or ideologically driven opinions.
The result is a system in which children are exposed to harm without meaningful professional accountability—and psychologists who attempt to intervene are discouraged from doing so.
This is why the evidentiary standards at issue matter. They are not abstract rules. They are the mechanisms by which psychology fulfills its responsibility to children, families, and the courts that depend on professional integrity.
This case matters beyond California, and transparency is essential when regulatory processes diverge from their public-protection mission.
Why This Case Matters Beyond California
Although this proceeding arises in California, the issues it presents are not confined to one state or one licensing board. Every jurisdiction that licenses psychologists relies on the same foundational assumptions: that professional conduct will be evaluated using established science, recognized diagnostic frameworks, and mandatory ethical standards designed to protect the public.
If a regulatory body can discipline a psychologist while asserting that:
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- the profession’s ethics code is irrelevant,
- the DSM is irrelevant,
- scientific validity is irrelevant, and
- truth is irrelevant,
then the implications extend far beyond a single case. Such a position erodes the basic premise of professional regulation—that accountability is tethered to evidence, standards, and public safety.
This is especially consequential in areas where psychological opinions intersect with vulnerable populations and coercive systems, such as family courts. When scientific and ethical guardrails are removed, there is no reliable mechanism to distinguish child protection from error, bias, or institutional convenience.
For psychologists, this creates a chilling effect. Professionals who identify harm or unethical practice may reasonably conclude that silence is safer than integrity. Over time, this discourages reporting, weakens standards, and leaves children and families exposed to uncorrected risk.
For the public, the concern is more fundamental. Licensing boards exist to protect consumers—not to insulate controversial practices from scrutiny, and not to punish those who insist on scientific accountability. When regulatory processes diverge from that mission, transparency becomes essential.
That is why I am making these filings public.
The documents posted here—the Settlement Counter-Proposal, the Respondent’s Motion in Limine, and the Board’s Opposition—speak for themselves. They allow journalists, legislators, professionals, and members of the public to evaluate whether the positions being taken align with the ethical and scientific foundations of psychology and with the Board’s mandate to protect the public.
This is not an attempt to litigate in the media. It is an effort to ensure that decisions affecting children, families, and professional integrity are visible, accountable, and grounded in evidence.
I invite readers to review the filings directly and draw their own conclusions. These filings and this blog can be uploaded to any AI of the user for further discussion of the issues.
Conclusion
This matter is not about silencing criticism or winning a procedural dispute. It is about whether psychology will be regulated according to the scientific and ethical standards that define the profession.
When a licensing board asserts that ethics, diagnostics, scientific validity, and truth are irrelevant, the risk is not abstract—it is borne by children and families who depend on professional integrity for protection.
I am asking that the Board apply the same standards to my conduct that govern all psychologists—nothing more, nothing less.
The documents posted here allow the public to see exactly what positions are being taken and why they matter. Transparency is essential when regulatory authority departs from its public-protection mission, and accountability begins with allowing the evidence to speak for itself.
Craig Childress, Psy.D.
Clinical Psychologist
WA 61538481 – CA 18857
