Judge wants to send my teen with Conduct disorder to Residential treatment center 300 miles away from my home. He plans on his decision next month. I found a Residential center that my insurance will pay 100%, and 38 miles away. Would it be appropriate to send Judge a letter informing him that I've decided to place her in a different RTC than what he may order? My child is in serious need of treatment, and her placement could occur 5 days before his decision. I'm not wanting to step on his toes per say, but his idea of RTC will not allow for my participation in her recovery due to distance. I'm putting in urgent calls to her probation officer, and she's not returning my calls. But in court she tells the Judge that my child is high on her list. But she's not high enough when I place urgent callls for her to return my call. I'm not indigent, and I don't need the state to pay for the mental health of my child. What should I do? Am I wrong for overstepping his choice?
2007-01-20 06:37:05 · 5 answers · asked by mamaghost2001 1 in Politics & Government ➔ Law & Ethics
First, understand that if the judge orders a different facility, you will be committing an illegal act if you do not follow the order.
If your child has a lawyer, you should discuss the alternative with the lawyer and request that the lawyer make a strong recommendation for the center you found.
If you are not using a lawyer, please strongly consider requesting one or at least getting a guardian ad litem. The ad litem may not agree with all of your decisions or choices, but s/he will have your child's interest at the forefront of his or her thoughts.
If you are not using a lawyer, then your letter to the court should not inform the court of what you decided, but rather advise the court of the placement that you located, explain why that location is beneficial both to your child and to your family -- especially considering the financial concerns -- and request that the court allow your child to remain in that placement. If the program starts before the judge issues an order, that may be good for you. Placing your child before being judicially forced to do so shows that you are aware of the need to do something and are acting pro-actively. It also may encourage the judge to allow the program to take its course rather than disrupting your child's recovery by forcing a change.
Just keep in mind that the judge's order is not a suggestion that you can consider and then disregard. The judge's order is just that, an order. If you disagree with the court placement, then you will have to appeal to a higher court. Ignoring the court is not an option.
2007-01-20 06:50:22 · answer #1 · answered by blk justice 3 · 1⤊ 0⤋
I would ASK (not tell, he's the judge, not you) the judge if it is okay with him before you do it. Some of these places are "court appoved" based on whatever treatment plan they have. The one you have might not be and then you risk pissing off the judge who could actually help you. Write a letter, nicely and state your case but don't be surprised if he says no.
If it's only a 5 day wait then I would wait and make sure that you have kept trying to reach the PO...certified letter maybe sent to her office...then you have proof of your efforts and it's hard to ignore if she is the only one who can sign for it and does.
You aren't wrong but you need to make sure you know all the guidlines that the judge is looking at and make sure that yours (center) follows.
My little bro had to do the same thing and we could only use the approved court list because they did the things the court wanted the treatment program to do. centers are all different and don't always follow "approved" guidlines. We found some wierd ones on our search so I could understand them not wanting to use them.
it sucks but might still be the only choice.
Good luck with all your efforts and I really hope things work out for you. It took a couple of years of frustration but my bro seems to be a pretty well adjusted young man now.
2007-01-20 06:52:04 · answer #2 · answered by emtalex 4 · 1⤊ 0⤋
You do do not ignore that if the guy nonetheless lives with the mothers and fathers they are responsible for the guy till they are 21 correct? meaning they have each and every correct to deliver notification to the mothers and fathers. merely because someone is over 18, the mothers and fathers duty isn't executed. If the guy is less than 21, kills someone at the same time as ingesting it stands out because the mothers and fathers which will finally end up procuring the less than elderly man or woman's habit. So the mothers and fathers have each and every correct to this tips that could guard themselves from the selfish youngsters habit.
2016-12-02 19:16:59 · answer #3 · answered by ? 3 · 0⤊ 0⤋
The key is to present the judge with your new information prior to his ruling. Give him sufficient time to consider your new information before rendering a ruling. File it with the clerk of court and serve a copy on opposing counsel (to the extent there is one).
2007-01-20 09:27:57 · answer #4 · answered by natelacktman 2 · 0⤊ 0⤋
If he is 300 miles away the lesson will be lurned better. I think the point is he is sending him far away for he doesn't always get mom comfort. He has to learn has to exsept consiquenses
2007-01-20 06:47:44 · answer #5 · answered by Mysterious 4 · 0⤊ 0⤋