“Mental Health Professionals,” Sexual Abuse and Exploitation, Therapeutic Deception Defined


Luke 16:8 affirms what so many real Americans, including parents and their children, are rapidly being made to realize and suffer through in the form of bizarre and surreal abuse that they have paid for with the expectation of much more than good will and honest business practices by the professions (medicine, law, justice, law enforcement, government, and "non-for-profits").  The government and our laws never were written or originally intended to "help" or to "protect" any of us or our children from anything except the threat of liberty and freedom, especially regarding money.  Luke 16:8, paraphrased, reads that children or men of this world are much savvier and wiser in matters of business than Children of the Light (God's children)(citing The Holy Bible, real versions).  For the real Americans who believe themselves to be "Children of the Light," or, "God's Children," I am posting a host of rules, laws, codes, policies, and practices "of this world," of "man," that can be used as instruments of freedom or as instruments against freedom.  In particular, Texas Civil Practice and Remedies Code 81.01 explains how to hold "mental health" "professionals" and, in some cases, their employers, accountableto those they have injured or harmed in the name of "protection" for the "state" and/or local governments that oppress them and their children while "We the People," "Sovereign," pay for it, or are coerced into it without sufficient knowledge-- a legal requirement to accept an offer.  When it involves children being forced into things by another parent, please understand yours and your child's "remedies," or lack thereof.  Children, removed of their legal "disability" (once they turn 18)might bring an action for damages against "mental health professionals" who, by accepting "state" license, entered into contract with the "state" or "government unit" to deceive and/or sexually or otherwise exploit and abuse its most valuable and precious, productive "assets," which are from their parents.
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Kimberly A. Abernethy, “play therapist” (licensed only by child protective services for “state” of Texas (“CPS”), North Houston, Texas

EXPOSED:

Last Name: Abernethy
First Name: Kim
Name License Number License Type Status Expiry Date
ABERNETHY, KIM ANN
50063 Certified Emergency Medical Technician (EMT) Expired, Active 08/31/1995
ABERNETHY, KIM ANN
15946 Licensed Professional Counselor Current, Active 11/30/2015

You Know What You Did or Didn’t Do to My Five Year Old Son, Kim Abernethy.  He knows it, too.  He is not likely to forget, not even with your brand of “play” “therapy.”  He was my only child, my life.  Did you fail to report to myself or authorities that his father either sexually abused him with “The Visitor” or that you otherwise “coached” him to say the things he did to many professionals?  What about your friend and community partner, Dedra Latasha Hardaway, the CPS worker?  My son said that you told him that you and “Daddy” threatened that he wasn’t going to leave your office until he told you what you wanted to hear about someone named “Chris.”  Is that true or false, Kim?  Is that the only way you know how to get clients, I mean victims?  What other kind of compensation are you receiving?  Who is paying for it?  How many other children have you allegedly abused and/or exploited for profit, pleasure, or a favor?  Let me guess, you took your classes online?

Are you going to admit to “coaching” my only private property sometimes deceptively called “child” by profiteers and privateers for “‘state’ of Texas” that licenses you, that is, CPS division of Department of Family and “Protective” Services for “state” of Texas (“DFPS,” CPS division, or,  “child ‘protective’ services”) with regard to the allegations my son, at age 5 1/2, just before he was to start kindergarten, made about “Daddy,” your benefactor, or one of them, Matt Worrell, and “The Visitor,” ” a ‘homeless’ teenager runaway with ‘black, spiky hair,’ who always sleeps at “Daddy’s” and Nancy’s where he/r three small children by another man she committed adultery with (and admitted it on court record) also reside in Tomball, Texas, Harris County justice of the peace jurisdiction of Constable Ron Hickman, Precinct 4?   Is your alias Marcia Kleinman with another domicile or residence in New Jersey, by any chance.  I hear she likes to “coach” little children and tell them they are sexually abused, too, so that the mother or father gets blamed for what most will and have perceived as lies in abusive, maternally depriving or alienating custody-switching scams that profit everyone except the mother and child you are stealing from?  Does Judge Lisa A. Millard and also he/r Associate Judge Conrad Moren (with “executive ‘immunity'” via “coast guard powers,” appointed, not elected, by former Governor of Texas, Rick Perry) commission your services often, I mean, without disclosure to the mother that you were trying to initiate a custody evaluation without telling the mother or father that in collusion with CPS and Texas Attorney General’s Office of Child Support Enforcement, a Title IV-D “service” they solicit even when not needed so they can discriminate socio-economically and maritally against unwed mothers, though not by their choice, and even where they are fit and healthy and providing for their child, and only one in this case (see Responsible Fatherhood and Healthy Marriage Initiative grant funding) ?  Were you retaliating against me like CPS (specifically, Defendants, individuals, Cheryl Harvick, Lesly Damian-Murray, and Karen Coblentz, Brazoria County CPS in City of Pearland and Angleton, Texas) because I knew the Machiavellian and abusive schemes of Matt Worrell and his paid agents all too well after six years of legal abuse and threatening, harassing, frivolous calls and terroristic threats to CPS and police with lies and false, perjured affidavits and secreting and kidnapping my son with paternal grandmother at least once a year where police are trained not to take police reports of mothers, and certainly are not allowed to investigate them?

Let me take a wild guess, you don’t have private property, or, “children,” do you, Kim.  What about you, are you married?  If not, then what exactly is wrong with you that you discriminate against other unmarried responsible (wo)man and conspire to and help destroy lives of mother and child with all legal presumptions forever against them thereafter due to abusive restraining and protective “orders,” though void ab initio on their face without appearance due to, among bribery of family court judge ($20,000 is the going rate us mothers have discovered even though we all live in different, and the same, “states”), implicit and explit fraud upon the court, lack of jurisdiction, and no due process or rule of law and explicit denials that their courts are not “constitutional courts,” nor are they public, but instead private in nature.

Oh, Kim, you definitely have a future as a family court judge in Harris County.  Bravissimo!  Please prove me wrong, by the way, that is, my questions.  Seriously, I will be the first to apologize and kiss your feet if I am wrong.  One last question: How come you don’t want to defend yourself and refuse to take my calls?  Why wouldn’t you release notes or a report or appear in any court?  Interesting.  Very interesting, Kimbo.  May your practice thrive on other thieves and criminals that the truth shall surely find you out.

TEXAS

CIVIL PRACTICE AND REMEDIES CODE

LIABILITY IN TORT

CHAPTER 81. SEXUAL EXPLOITATION BY MENTAL HEALTH SERVICES PROVIDER

Luke 16:8 affirms what so many real Americans, including parents and their children, are rapidly being made to realize and suffer through in the form of bizarre and surreal abuse that they have paid for with the expectation of much more than good will and honest business practices by the professions (medicine, law, justice, law enforcement, government, and "non-for-profits").  The government and our laws never were written or originally intended to "help" or to "protect" any of us or our children from anything except the threat of liberty and freedom, especially regarding money.  Luke 16:8, paraphrased, reads that children or men of this world are much savvier and wiser in matters of business than Children of the Light (God's children)(citing The Holy Bible, real versions).  For the real Americans who believe themselves to be "Children of the Light," or, "God's Children," I am posting a host of rules, laws, codes, policies, and practices "of this world," of "man," that can be used as instruments of freedom or as instruments against freedom.  In particular, Texas Civil Practice and Remedies Code 81.01 explains how to hold "mental health" "professionals" and, in some cases, their employers, accountableto those they have injured or harmed in the name of "protection" for the "state" and/or local governments that oppress them and their children while "We the People," "Sovereign," pay for it, or are coerced into it without sufficient knowledge-- a legal requirement to accept an offer.  When it involves children being forced into things by another parent, please understand yours and your child's "remedies," or lack thereof.  Children, removed of their legal "disability" (once they turn 18)might bring an action for damages against "mental health professionals" who, by accepting "state" license, entered into contract with the "state" or "government unit" to deceive and/or sexually or otherwise exploit and abuse its most valuable and precious, productive "assets," which are from their parents.

Sec. 81.001. DEFINITIONS. In this chapter:

(1) “Mental health services” means assessment, diagnosis, treatment, or counseling in a professional relationship to assist an individual or group in:

(A) alleviating mental or emotional illness, symptoms, conditions, or disorders, including alcohol or drug addiction;

(B) understanding conscious or subconscious motivations;

(C) resolving emotional, attitudinal, or relationship conflicts; or

(D) modifying feelings, attitudes, or behaviors that interfere with effective emotional, social, or intellectual functioning.

(2) “Mental health services provider” means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a:

(A) licensed social worker as defined by Section 505.002, Occupations Code;

(B) chemical dependency counselor as defined by Section 504.001, Occupations Code;

(C) licensed professional counselor as defined by Section 503.002, Occupations Code;

(D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code;

(E) member of the clergy;

(F) physician who is practicing medicine as defined by Section 151.002, Occupations Code;

(G) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or

(H) special officer for mental health assignment certified under Section 1701.404, Occupations Code.

(3) “Patient” means an individual who seeks or obtains mental health services. The term includes a person who has contact with a special officer for mental health assignment because of circumstances relating to the person’s mental health.

(4) “Sexual contact” means:

(A) “deviate sexual intercourse” as defined by Section 21.01, Penal Code;

(B) “sexual contact” as defined by Section 21.01, Penal Code;

(C) “sexual intercourse” as defined by Section 21.01, Penal Code; or

(D) requests by the mental health services provider for conduct described by Paragraph (A), (B), or (C). “Sexual contact” does not include conduct described by Paragraph (A) or (B) that is a part of a professionally recognized medical treatment of a patient.

(5) “Sexual exploitation” means a pattern, practice, or scheme of conduct, which may include sexual contact, that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person. The term does not include obtaining information about a patient’s sexual history within standard accepted practice while treating a sexual or marital dysfunction.

(6) “Therapeutic deception” means a representation by a mental health services provider that sexual contact with, or sexual exploitation by, the mental health services provider is consistent with, or a part of, a patient’s or former patient’s treatment.

(7) “Mental health services,” as defined by this section, provided by a member of the clergy does not include religious, moral, and spiritual counseling, teaching, and instruction.

Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 1102, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.731, eff. Sept. 1, 2001.

Sec. 81.002. SEXUAL EXPLOITATION CAUSE OF ACTION.

A mental health services provider is liable to a patient or former patient of the mental health services provider for damages for sexual exploitation if the patient or former patient suffers, directly or indirectly, a physical, mental, or emotional injury caused by, resulting from, or arising out of:

(1) sexual contact between the patient or former patient and the mental health services provider;

(2) sexual exploitation of the patient or former patient by the mental health services provider; or

(3) therapeutic deception of the patient or former patient by the mental health services provider.

Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.

Sec. 81.003. LIABILITY OF EMPLOYER.

(a) An employer of a mental health services provider is liable to a patient or former patient of the mental health services provider for damages if the patient or former patient is injured as described by Section 81.002 and the employer:

(1) fails to make inquiries of an employer or former employer, whose name and address have been disclosed to the employer and who employed the mental health services provider as a mental health services provider within the five years before the date of disclosure, concerning the possible occurrence of sexual exploitation by the mental health services provider of patients or former patients of the mental health services provider; or

(2) knows or has reason to know that the mental health services provider engaged in sexual exploitation of a patient or former patient and the employer failed to:

(A) report the suspected sexual exploitation as required by Section 81.006; or

(B) take necessary action to prevent or stop the sexual exploitation by the mental health services provider.

(b) An employer or former employer of a mental health services provider is liable to a patient or former patient of the mental health services provider for damages if the patient or former patient is injured as described by Section 81.002 and the employer or former employer:

(1) knows of the occurrence of sexual exploitation by the mental health services provider of a patient or former patient;

(2) receives a specific request by an employer or prospective employer of the mental health services provider, engaged in the business of providing mental health services, concerning the possible existence or nature of sexual exploitation by the mental health services provider; and

(3) fails to disclose the occurrence of the sexual exploitation.

(c) An employer or former employer is liable under this section only to the extent that the failure to take the action described by Subsection (a) or (b) was a proximate and actual cause of damages sustained.

(d) If a mental health professional who sexually exploits a patient or former patient is a member of the clergy and the sexual exploitation occurs when the professional is acting as a member of the clergy, liability if any under this section is limited to the church, congregation, or parish in which the member of the clergy carried out the clergy member’s pastoral duties:

(1) at the time the sexual exploitation occurs, if the liability is based on a violation of Subsection (a); or

(2) at the time of the previous occurrence of sexual exploitation, if the liability is based on a violation of Subsection (b).

(e) Nothing in Subsection (d) shall prevent the extension of liability under this section beyond the local church, congregation, or parish where the current or previous sexual exploitation occurred, as appropriate under Subsection (d), if the patient proves that officers or employees of the religious denomination in question at the regional, state, or national level:

(1) knew or should have known of the occurrences of sexual exploitation by the mental health services provider;

(2) received reports of such occurrences and failed to take necessary action to prevent or stop such sexual exploitation by the mental health services provider and that such failure was a proximate and actual cause of the damages; or

(3) knew or should have known of the mental health professional’s propensity to engage in sexual exploitation.

Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1199 (S.B. 43), Sec. 1, eff. June 17, 2011.

Sec. 81.004. DAMAGES.

(a) A plaintiff who prevails in a suit under this section may recover actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown.

(b) In addition to an award under Subsection (a), a plaintiff who prevails in a suit under this section may recover exemplary damages and reasonable attorney fees.

Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.

Sec. 81.005. DEFENSES.

(a) It is not a defense to an action brought under Section 81.002 or 81.003 that the sexual exploitation of the patient or former patient occurred:

(1) with the consent of the patient or former patient;

(2) outside the therapy or treatment sessions of the patient or former patient; or

(3) off the premises regularly used by the mental health services provider for the therapy or treatment sessions of the patient or former patient.

(b) It is a defense to an action brought under Section 81.002 or 81.003 by a former patient that the person was not emotionally dependent on the mental health services provider when the sexual exploitation began and the mental health services provider terminated mental health services with the patient more than two years before the date the sexual exploitation began.

(c) A person is considered not emotionally dependent for purposes of this chapter if the nature of the patient’s or former patient’s emotional condition and the nature of the treatment provided by the mental health services provider are not such that the mental health services provider knows or has reason to believe that the patient or former patient is unable to withhold consent to the sexual exploitation.

Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.

Sec. 81.006. DUTY TO REPORT.

(a) If a mental health services provider or the employer of a mental health services provider has reasonable cause to suspect that a patient has been the victim of sexual exploitation by a mental health services provider during the course of treatment, or if a patient alleges sexual exploitation by a mental health services provider during the course of treatment, the mental health services provider or the employer shall report the alleged conduct not later than the 30th day after the date the person became aware of the conduct or the allegations to:

(1) the prosecuting attorney in the county in which the alleged sexual exploitation occurred; and

(2) any state licensing board that has responsibility for the mental health services provider’s licensing.

(b) Before making a report under this section, the reporter shall inform the alleged victim of the reporter’s duty to report and shall determine if the alleged victim wants to remain anonymous.

(c) A report under this section need contain only the information needed to:

(1) identify the reporter;

(2) identify the alleged victim, unless the alleged victim has requested anonymity; and

(3) express suspicion that sexual exploitation has occurred.

(d) Information in a report is privileged information and is for the exclusive use of the prosecuting attorney or state licensing board that receives the information. A person who receives privileged information may not disclose the information except to the extent that disclosure is consistent with the authorized purposes for which the person first obtained the information. The identity of an alleged victim of sexual exploitation by a mental health services provider may not be disclosed by the reporter, or by a person who has received or has access to a report or record, unless the alleged victim has consented to the disclosure in writing.

(e) A person who intentionally violates Subsection (a) or (d) is subject to disciplinary action by that person’s appropriate licensing board and also commits an offense. An offense under this subsection is a Class C misdemeanor.

Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.

Sec. 81.007. LIMITED IMMUNITY FROM LIABILITY.

(a) A person who, in good faith, makes a report required by Section 81.006 is immune from civil or criminal liability resulting from the filing of that report.

(b) Reporting under this chapter is presumed to be done in good faith.

(c) The immunity provided by this section does not apply to liability resulting from sexual exploitation by a mental health services provider of a patient or former patient.

Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.

Sec. 81.008. ADMISSION OF EVIDENCE.

(a) In an action for sexual exploitation, evidence of the plaintiff’s sexual history and reputation is not admissible unless:

(1) the plaintiff claims damage to sexual functioning; or

the defendant or

(2)(A) requests a hearing before trial and makes an offer of proof of the relevancy of the history or reputation; and

(B) the court finds that the history or reputation is relevant and that the probative value of the evidence outweighs its prejudicial effect.

(b) The court may allow the admission only of specific information or examples of the plaintiff’s conduct that are determined by the court to be relevant. The court’s order shall detail the information or conduct that is admissible and no other such evidence may be introduced.

Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.

Sec. 81.009. LIMITATIONS.

(a) Except as otherwise provided by this section, an action under this chapter must be filed before the third anniversary of the date the patient or former patient understood or should have understood the conduct for which liability is established under Section 81.002 or 81.003.

(b) If a patient or former patient entitled to file an action under this chapter is unable to bring the action because of the effects of the sexual exploitation, continued emotional dependence on the mental health services provider, or threats, instructions, or statements by the mental health services provider, the deadline for filing an action under this chapter is tolled during that period, except that the deadline may not be tolled for more than 15 years.

(c) This section does not apply to a patient or former patient who is a “child” or a “minor” as defined by Section 101.003, Family Code, until that patient or former patient has reached the age of 18. If the action is brought by a parent, guardian, or other person having custody of the child or minor, it must be brought within the period set forth in this section.

Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.07, eff. Sept. 1, 1997.

Sec. 81.010. INJUNCTIVE RELIEF AGAINST GOVERNMENTAL UNITS.

(a) In this section, “governmental unit” has the meaning assigned by Section 101.001(3)(B).

(b) Subject to Subsection (c), a patient, a former patient, or another person acting on behalf of a patient or former patient may bring an action under this section against a governmental unit that is an employer of a mental health services provider, including a special officer for mental health assignment, who commits any conduct described by Section 81.002(1), (2), or (3) in relation to the patient or former patient. In an action brought under this subsection, the patient or former patient may obtain:

(1) an order requiring the governmental unit to discharge the mental health services provider who committed the conduct;

(2) court costs; and

(3) reasonable attorney’s fees, as determined by the court.

(c) A patient, former patient, or person acting on behalf of a patient or former patient may not bring an action under Subsection (b) unless, 60 days before the date that action is to be filed, the person notifies the governmental unit in writing of its intention to bring an action under this section. The notice must reasonably describe the facts giving rise to the claim. If, before the 60th day after the date the notice is provided under this section, the governmental unit discharges the mental health services provider who committed the conduct with respect to which the claim is filed, the person may not bring suit under Subsection (b).

(d) Governmental immunity to suit is waived and abolished only to the extent of the liability created by Subsection (b).

Added by Acts 1999, 76th Leg., ch. 1102, Sec. 2, eff. Sept. 1, 1999.

Source:  http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP
.81.htm

Warning: It appears as though the Office of Law Revision has recommended or ordered judges, lawyers, mental health practitioners, governmental units, county prosecutors, clerks, law enforcement, doctors, nurses, licensed professional counselors, examiners, and certain male litigants who may have encountered social services or who may be subject to a child support order to follow an entirely different set of non-rules and laws prescribed by secret committees and/or individuals, persons, governments, foreign agents, etc.  For example, try going directly to your state house of representatives website directly to look up a law and then going to the "recommended" citation for certain state agencies or governmental units just like they "suggest" or "recommend" certain citations to laws or publications that have been secretly "revised."  
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