Our Services

Certificate of Merit for Childhood Sexual Abuse Survivors of California

Before 1986, childhood sex-abuse claims were subject to a strict one-year statute of limitations for assault and battery. This older statute would start to run when the survivor turned 18, essentially barring claims after they turned 19 (Code Civ. Proc., § 335.1). It is well known in the mental health field that survivors of childhood sexual abuse often, intentionally or unintentionally, repress and uncover memories of their trauma later in life. In enacting section 340.1 of the Code of Civil Procedure, the California Legislature recognized the well-established prevalence of repressed memories among survivors of childhood sexual abuse. Survivors now have two typical time periods they can file to seek justice: (1) the survivor’s 26th birthday; or (2) three years when they discover or should have discovered the connection between their illnesses and injuries and childhood sexual abuse. This is known as the “delayed discovery doctrine.” However, when the survivor wishes to take advantage of the delayed discovery doctrine, the law requires them to file certificates of merit that show that there is a reason to believe that they were a victim of childhood sexual abuse. One certificate must come from their attorney, the other must come from a licensed mental health professional.

The law requires a mental health practitioner to file a declaration affirming (a) the mental health practitioner is licensed to practice in California and is not a party to the action, (b) the practitioner is not treating and has not treated the plaintiff (survivor), (c) the practitioner has interviewed the plaintiff, and (d) the practitioner has concluded based on the facts and issues that in their “professional opinion” there is a reasonable basis that the plaintiff (survivor) had been subject to childhood sexual abuse.

Many of our therapists have been trained to complete assessments for the certificate of merit. Our clinicians have worked on various class action lawsuit cases supporting survivors in their journey to seek justice. If you’re a law office looking for more clinicians to help you assist survivors or you’re a survivor yourself, contact our Clinical Director, Ariel Landrum, LMFT, to set up an appointment: alandrum@guidancett.com

Below is a list of our clinicians that actively conduct Certificate of Merit clinical assessment and interviews:

• Clinical Director Ariel Landrum, LMFT: California, Kansas, Nevada, Florida, Colorado, Oregon, and Utah

• Stephanie Kinney, LMFT: California, Nevada, Colorado, Oregon, Florida, Texas, Ohio, Arizona, Utah, and Virginia

• Serena Hsieh, LMFT: California

• Stacey Inal, LMFT: California and Florida

• Jessica Medina, LMFT: California and Wisconson

• Gregory Tilden, LMFT: California

• Tia Brisco, LMFT California, Nevada, Arizona, and Texas

• Vera Chelyapov, LMFT: California

• Emily Adili, LMFT: California