XAVIER B ECERRA

Attorney General of California

2 LI NDA SCI-INE IDER
Senior Assistant Attorney General
3 LIND/\ L. SUN
Superv ising Deputy Attorney Genera l
4 State Bar No. 207108
300 So. Spring Stree t, Suite 1702
5 Los Ange les. CA 90013
Te lephone: (2 13) 269-6283
6 Facs imile: (2 13) 897-2804
Allorneysfor Complainant
7

8 BEFORE THE
BOARD OF REGISTERED NURSING
9
DEPARTMENT OF CONSUMER AFFAIRS
10 STATE OF CALIFO RNIA

II

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In the Matter of the Accusat ion Agai nst: Case No. 2020 - 2Cf
13
BERNADETTE DECASTRO WILLIAMS
14 AKA BERNADETTE DECASTRO
BALUYOT ACCUSATION
15 3118 Raymond Avenu e
A ltadena, CA 91001
16
Registered N tu-se License No. 95040579
17
Respondent.
18

19 PARTIES

20 I. Joseph L. Morris, PhD, MSN , RN (Complainant) brings thi s Acc usation so lely in his

21 offic ial capac ity as the Executive Of'ficer of the Boa rd of Reg istered Nursing, Department of

22 Consumer Affa irs.

23 2. On or about August 6, 20 14, the Board o f Registered Nursing (Boa rd) issued

24 Registered Nurse License Number 95040579 to Bernadette DeCastro Wi lliams aka Bernadette

25 DeCastro Balu yot (Respondent). The Registered Nu rse License was in full fo rce and effect at all

26 times relevant to the charges brought herein and will exp ire on September 30, 2020. un less

27 renewed.

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( BERNADETTE DECASTRO WILLIAMS AKA BERNADETTE DECAST RO BALUYOT) ACCUSATION

 JURISDICTION
2 3. This Accusation is brought before the Board under the authority of the following
3 laws. All section references are to the Business and Professions Code unless otherwise indicated.
4 4. Section 118, subdivision (b) provides that the suspension, expiration, surrender, or
5 cancellation of a license shall not deprive the Board, Registrar, or Director of jurisdiction to
6 proceed with a disciplinary action during the period within which the license may be renewed,
7 restored, reissued or reinstated.

8 5. Section 2750 provides, in pertinent part, that the Board may discipline any licensee,
9 including a licensee holding a temporary or an inactive license, for any reason provided in Article
10 3 (commencing with section 2750) of the Nursing Practice Act.

11 6. Section 2764 provides, in pertinent part, that the expiration of a license shall not
12 deprive the Board ofjurisdiction to proceed with a disciplinary proceeding against the licensee or
13 to render a decision imposing discipline on the license. Under section 281 l(b) of the Code, the
14 Board may renew an expired license at any time within eight years after the expiration.
15 STATUTORY PROVISIONS
16 7. Section 490 provides, in pertinent part, that the Board may suspend or revoke a
17 license when it finds that the licensee has been convicted of a crime substantially related to the
18 qualifications, functions, or duties of a registered nurse.

19 8. Section 2761 states:

20 "The board may take disciplinary action against a certified or licensed nurse or deny an

21 application for a certificate or license for any of the following:

22 "(a) Unprofessional conduct, which includes, but is not limited to, the following:"

23
24 "(f) Conviction of a felony or of any offense substantially related to the qualifications,

25 functions, and duties ofa registered nurse, in which event the record of the conviction shall be

26 conclusive evidence thereof.

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( BERNADETTE DECASTRO WILLIAMS AKA BERNADETrE DECASTRO BALUYOT) ACCUSATION
 REGULATORY PROVISIONS

2 9. California Code of Regulations, title 16, section 1444 states, in pertinent part:

3 AA conviction or act shall be considered to be substantially related to the qualifications,

4 functions or duties of a registered nurse iflo a substantial degree it evidences the present or

5 potential unfitness ofa registered nurse to practice in a manner consistent with the public health,
6 safety, or welfare.@

7 COST RECOVERY

8 I 0. Section 125.3 provides, in pertinent pait, that the Board may request the

9 administrative law judge to direct a licentiate found to have committed a violation or violations of

IO the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

11 enforcement of the case, with failure of the licentiate to comply subjecting the license to not being

12 renewed or reinstated. !fa case settles, recovery of investigation and enforcement costs may be

13 included in a stipulated settlement.

14 FIRST CAUSE FOR DISCIPLINE

15 (Conviction of a Substantially Related Crime)

16 11. Respondent is subject to disciplinary action under sections 490 and 2761, subdivision

17 (f), in conjunction with California Code of Regulations, title 16, section 1444, in that Respondent

18 was convicted of a crime substantially related to the qualifications, functions, or duties of a

19 registered nurse. On or about February 19, 2019, Respondent was convicted of one (1)

20 misdemeanor count of violating Penal Code section 278 (child abduction) in the criminal

21 proceeding entitled: The People ofthe Stale ofCalifornia v. Bernadette DeCastro Balyot (Super.

22 Ct. L.A. County, 2018, No. BA444598). The court sentenced Respondent to serve four (4) days in

23 jail and placed her on 36 months of probation with terms and conditions.

24 12. The circumstances surrounding the conviction are that on or about September 10,

25 2014, a victim reported she was duped into relinquishing custody of her children to her ex-

26 husband by way of a Department of Children and Family Services (DCFS) imposter. Respondent,

27 posing as a DCFS social worker, contacted the victim and instrncted her to turn over her children

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( 13ERNADETTE DECASTRO WILLIAMS AKA 13ERNADETIE DECASTRO BALUYOT) ACCUSATION
 I
to her ex-husband by order of the court or she would face arrest or the permanent removal of her

2 children. As a result, Respondent was arrested by Hermosa Beach Police Department and charged

3 by the Los Angeles District Attorney's Office with the following:

4 a. Two (2) Jelony counts of violating Penal Code section 207 (a) (kidnapping);

5 b. Two (2) felony counts of violating Penal Code section 278 (child abduction);

6 c. One (I) felony count of violating Penal Code section 529, subdivision (a)(3)

7 (falsely impersonate to benefit onesell);

8 d. One (I) misdemeanor count of violating Penal Code section 528.5, subdivision

9 (a) (falsely impersonate another by electronic means for purposes of harming);

10 e. One (I) misdemeanor count of violating Penal Code section 538 G (a) (any

11 person who fraudulently impersonates a county employee);

12 f. Three (3) felony counts of violating Penal Code section 472 (forging,

13 counterfeiting or possessing a fraudulent California public seal);

14 g. One (1) felony count of violating Penal Code section 146A (b) (falsely

15 represent herself to be a deputy/clerk in any state department);

16 h. Three (3) counts of violating Penal Code sections 470 (b) and 473 (a) (intent to

17 defraud using counterfeit/forged handwriting of another related to a stipulation/order for

18 custody/visitation of children).

19 13. On or about February 14, 2017, upon the People's motion, two (2) felony counts of

20 violating Penal Code section 207 (a) (kidnapping) and one (I) felony count of violating Penal

21 Code section 529, subdivision (a)(3) (falsely impersonate to benefit onese!J) were dismissed.

22 14. On or about February 21, 2017, pursuant to Penal Code section 871, the court

23 dismissed three (3) felony counts of Penal Code section 472 (forging, counterfeiting or possessing

24 a fraudulent California public seal) due to insufficient evidence.

25 15. On or about June 27, 2017, pursuant to Penal Code section 995 motion, the court set

26 aside/dismissed the following:

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The victim's ex-husband is the Respondent's current husband.
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( BERNADETTE DECASTRO WILLIAMS AKA BERNADETT"E DECASTRO BALUYOT) ACCUSATION
 a. One (I) misdemeanor count of violating Penal Code section 528.5, subdivision

2 (a) (falsely impersonate another by electronic means for purposes of harming);

3 b. One (I) misdemeanor count of violating Penal Code section 538 G (a) (any

4 person who fraudulently impersonates a county employee);

5 c. Three (3) felony counts of violating Penal Code section 472 (forging,

6 counterfeiting or possessing a fraudulent California public seal); and

7 d. Three (3) counts of violating Penal Code sections 470 (b) and 473 (a) (intent to

8 defraud using counterfeit/forged handwriting of another related to a stipulation/order for

9 custody/visitation of children).

10 16. On or about February 19, 2019, due to a plea negotiation, two (2) felony counts of

11 violating Penal Code section 278 (child abduction) and one (I) felony count of violating Penal

12 Code section 146A (b) (falsely represent herself to be a deputy/clerk in any state department)

13 were dismissed.

14 SECOND CAUSE FOR DISCIPLINE

15 (Unprofessional Conduct)

16 17. Respondent is subject to disciplinary action under section 2761, subdivision (a), for

17 unprofessional conduct. Complainant refers to and by this reference incorporates, the allegations

18 set forth in paragraph 11, as though set forth fully.

19 PRAYER

20 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,

21 and that following the hearing, the Board of Registered Nursing issue a decision:

22 I. Revoking or suspending Registered Nurse License Number 95040579, issued to

23 Bernadette DeCastro Williams aka Bernadette DeCastro Baluyot;

24 2. Ordering Bernadette DeCastro Williams to pay the Board of Registered Nursing the

25 reasonable costs of the investigation and enforcement of this case, pursuant to Business and

26 Professions Code section 125.3; and,

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( BERNADETTE DECASTRO WILLIAMS AKA BERNADETTE DECASTRO 13ALUYOT) ACCUSATION
 3. Taking such other and l'urther action as deemed necessary and proper.

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)I .
4
DATED: ~o~u_l_'f_Cf
,_ -,1-)-2_0_,~
q~ C
- I fus~ L~ , MSN , RN
5 --t'&v Executi ve Officer
Boa rd of Reg istered Nursing
6 Department of Co nsumer Affairs
State of California
7 Complainant
8
9 LA20 1950 1496
13857472
10 CM (06/25/2019)

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( BERNADETTE DECASTRO WI LLI Ai'vl S A KA BERNADETTE DECASTRO BALUYOT) ACCUSATION