voluntary placement Residential Treatment Center (RTC), time has run out, ward of court? anybody been there? HELP

Discussion in 'General Parenting Archives' started by joey, Nov 1, 2000.

  1. joey

    joey New Member

    got a call from the social worker yesterday. voluntary placement cannot be extended past 6 months (fed law change?)in order to keep him in Residential Treatment Center (RTC), getting the help he needs, I must make him a ward of the court? would be filed under Welfare and Institutions, 300c, emotional abuse (sounds like i have to cop to being the abuser). anyone, ANYONE, with info please respond. I find this whole idea very abhorent!

    ------------------
    16 year old difficult child diagnosed adhd, Learning Disability (LD), depression, odd, possible bipolar
    currently in hospital-going to residential treatment facility on release.

    country family, horses, dogs, cats, pig, chickens

    single mom with easy child 30 yr old daughter who lives at home to protect me
     
  2. Guest

    Can't give advise on this one, but i'm in the same position - i had to admit in court on charges of 'neglect' for not providing adequate supervision...it was recommended that my husband & I take turns with a 24 hour watch over my son...he started a fire in his bedroom - at 2:00 am - and it's our fault - for not providing adequate protection for him......?......go figure......what about someone stepping in and providing adequate protection for us? Only for the good of the government......


    Hang in there.....



    ------------------
    35 Yrs Old, certified surgical technologist
    11 Yr Old Son, ADD, ODD, Obsessive Compulsive Disorder (OCD), Pervasive Developmental Disorder (PDD)-not otherwise specified, Anxiety,
    Depression/medications - Seroquel, Welbutrin, Zoloft, & now Tenex. Youth Home since 2/00.
    Very Supportive Farmer Husband.....
     
  3. Marcie Mac

    Marcie Mac Just Plain Ole Tired

    Cuse me while I pick my jaw up off the floor...

    This is insane - so you are given an option to go before a judge, supposed to tell a bold faced lie,and tell the court that you emotionally abused your son in order to get him help? And then what do they do, give your son more residential time before or after they arrest you for child abuse.

    I know if he is qualified under an IEP you can request that the school pay for the educational part of an Residential Treatment Center (RTC) if they deem it necessary looks like you dont have that kind of time.

    I know Alias Not Me is good at figuring out how to navagate the social service system - I don't have her EMail addy but if someone on here knows how to get ahold of Donna please EMail her

    My son is in the Juv. justice system, a ward of the court, and trying to get him help which has been court ordered and fight the courts at the same time when they refuse to recognize that some of these kids have emotional problems is enough to give you a stroke.

    If there is anyway you can keep from the ward of the court thing, do it - once they get their hands on him its just about all over. I will start looking to see what I can find out and let you know.

    So so sorry...

    Marcie

    ------------------
    Me - 49 definately stressed mom -Have now joined the ranks of the medicated 20 Mg Paxil)
    SO Sydney-disabled & still doesn't understand clockwork of difficult child but is at least making an attempt
    difficult child Danny -16 Years has severe ADHD, ODD, Possible CD& depression. Currently on Dexadrine & Wellbutrin-Currently doing a revolving door number between Residential Treatment Center (RTC) & Juvy.
    easy child Jamie 17, was diagnosed with ADD but wants nothing to do with labels, diagnosis, medications or his difficult child brother
    easy child Brandie 29, in the middle of a messy divorce from a major difficult child, one beautiful young son Nathan.
    STBX Martin - takes being an English excentric to new levels -* hasen't got a clue whats going on with difficult child
    -----------------

    Sometimes the only difference between our house and the titanic is that they had an orchestra....
     
  4. Guest

    Joey,
    I have emailed a friend that was in the same situation you were being forced to give up custody for treatment..THAT IS ILLEGAL AND THERE IS A DESCISION CALLED CHRISTOPHER T AND I WILL TRY TO FIND INFO FOR YOU AND I AM SURE MY FRIEND WILL HELP
    You are in CA right?? is you child in placement under AB2726 thru the school district and county mental health....this is messed up I will do a search on Christopher T too and get back to you you are in my prayers

    ------------------
    Love,
    -jdbjdb-

    11 year difficult child good kid ADD,Depression/Axienty,Aspergers & NonVerbal Learning Disorder (NVLD) medications trying out Zoloft25 mg and been taking Adderall 10mg
    9 y/o difficult child Bipolar -Topamax 100mg BID,Risperdal 1mg am 2mg pm & Cogentin PRN
    10-6-2000 placed in a level 11 Residential Treatment Center (RTC) for boys
    husband I am blessed with a great man
    me-heroic mom-School Bus Driver (-:

    When you get to the end of your rope tie a knot and hold on.
    Phil 4:19 I can do ALL things through Christ who strengtens me
     
  5. Guest

    My daughter has has been in 3 placements that have not worked out, worse after the last one. Ours is also a voluntary placement and I have not heard that there is a 6 month limit without being a ward of the court. That scares me! If you find out more, I would appreciate knowing, especially this Christopher T. Prayers are with you.

    ------------------
    jett
     
  6. Guest

    consider this your early christmas present... all of you all....

    Scott Berenson
    916-654-2988
    State of California
    Department of Mental Health
    Sepcial Education Pupils Program Coordinator

    1600 9th St
    Sacramento, CA 95814

    San Fancisco Superior Court (?)
    Christopher T.

    Compelling you to give up custody of your child in order to access residential treatment violates the California legal precedent set by the CHRISTOPHER T Decission.

    If your child is classified SED and has an IEP at school... they also can not bill you for the costs...they have to bill ab2726 and county mental health

    and if they try the 30 day no contact...

    Not allowing you atleast phone contact with your child for a 30 day blackout period may violate the laws pertaining to the operation of group homes adminstered by the California Department of Social Services.

    Hope htis helps some'

    Shelly
    palm Springs.

    who has custody back, was reimbursed funds illegaly obtained by the DA, and whos' child is now re-entering residential under ab2726
     
  7. Guest

    Hi,
    Told ya my friend would help
    Good Luck we CA people got to stick together

    ------------------
    Love,
    -jdbjdb-

    11 year difficult child good kid ADD,Depression/Axienty,Aspergers & NonVerbal Learning Disorder (NVLD) medications trying out Zoloft25 mg and been taking Adderall 10mg
    9 y/o difficult child Bipolar -Topamax 100mg BID,Risperdal 1mg am 2mg pm & Cogentin PRN
    10-6-2000 placed in a level 11 Residential Treatment Center (RTC) for boys
    husband I am blessed with a great man
    me-heroic mom-School Bus Driver (-:

    When you get to the end of your rope tie a knot and hold on.
    Phil 4:19 I can do ALL things through Christ who strengtens me
     
  8. Guest

    anybody know if there is a law like that in Michigan? Don't go with the ward ship thing as it will be a nightmare getting your child back. Been there doing that.

    ------------------
    31 yr old single mother
    8 yr difficult child Joey has ADHD and ODD in psychiatric hospital twice in as many years.
    trying to get the court system out of my life.
    easy child=SugarBear my 1 1/2yr old furkid
     
  9. joey

    joey New Member

    You guys are the greatest. I knew I would get some help here!!!!!!!!!

    A little more info-
    Social worker had said that time was up November 1st so I had to make this decision by today. My voluntary placement agreement said December 1 so that buys me some time. At the time of the vol plcmt the CPS worker said that 6 months with a 6 month extension was possible (at that time, April 2000) but that there had been some talk about the feds changing the law, eliminating 6 mo extension. so that has come to pass.
    I have an atorney, going after ab3632 funding. the school district is, of course, balking and making me go to court. we should have a hearing date, with State Board of Education, within the next few days. hopefully the date won't be too far off. probably too much to hope that this could be settled before Dec 1st. But I am the eternal optimist. OR FOOL!
    He was taken in April 17th by Co Mental Health, 5150. and yes, the DA served me a summons, at my work, for child suppport. and refer to me as the "defendant" and I have a hearing on November 9th (with my attorney) on this issue. This really sticks in my craw. I am a single mom, have taken sole care of tmy son for 16 years, no child support asked for or received, no health insurance until the last couple of years, and they treat me like a deadbeat parent.
    Marcie-no orchestra here either!
    jett-i'm being told that there is no more extension, we've got to find another angle, i'll post any new info.
    foreverheavenly-my child is SED and has an IEP
    Teddie- was afraid of that. Once they've go 'em you would be hard pressed to get them back!
    Will pass on Christoopher T info to attorney. Can I sue the school district for emotional distress for dragging their feet and putting us through this? Imagine what it must do to the psyche of the child to be given to the court by their parent!

    ------------------
    16 year old difficult child diagnosed adhd, Learning Disability (LD), depression, odd, possible bipolar
    currently in hospital-going to residential treatment facility on release.

    country family, horses, dogs, cats, pig, chickens

    single mom with easy child 30 yr old daughter who lives at home to protect me
     
  10. Guest

    Joey,
    Push for the AB2726(same as AB3632 new name) see if your CMH has a parent liason


    ------------------
    Love,
    -jdbjdb-

    11 year difficult child good kid ADD,Depression/Axienty,Aspergers & NonVerbal Learning Disorder (NVLD) medications trying out Zoloft25 mg and been taking Adderall 10mg
    9 y/o difficult child Bipolar -Topamax 100mg BID,Risperdal 1mg am 2mg pm & Cogentin PRN
    10-6-2000 placed in a level 11 Residential Treatment Center (RTC) for boys
    husband I am blessed with a great man
    me-heroic mom-School Bus Driver (-:

    When you get to the end of your rope tie a knot and hold on.
    Phil 4:19 I can do ALL things through Christ who strengtens me
     
  11. Guest

    Joey,
    This is from the law Data base from the CA dept of Education's own database

    &IC 18350 - Seriously Emotionally Disturbed Children; 24-Hour Out-of-Home Care 18350. (a) Payments for 24-hour out-of-home care shall be provided under this chapter on behalf of any seriously emotionally disturbed child who has been placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code. These payments shall not constitute an aid payment or aid program. (b) Payments shall only be made to children placed in privately operated residential facilities licensed in accordance with the Community care Facilities Act. (c) Payments for care and supervision shall be based on rates established in accordance with Sections 11460 to 11467, inclusive. (d) Payments for 24-hour out-of-home care under this section shall not result in any cost to the seriously emotionally disturbed child or his or her parent or parents.

    Here is the way to see for yourself what the laws say there is alot of info in the law data base

    I hope all is well they can not do what they are trying to do
    please update

    ------------------
    Love,
    -jdbjdb-

    11 year difficult child good kid ADD,Depression/Axienty,Aspergers & NonVerbal Learning Disorder (NVLD) medications trying out Zoloft25 mg and been taking Adderall 10mg
    9 y/o difficult child Bipolar -Topamax 100mg BID,Risperdal 1mg am 2mg pm & Cogentin PRN
    10-6-2000 placed in a level 11 Residential Treatment Center (RTC) for boys
    husband I am blessed with a great man
    me-heroic mom-School Bus Driver (-:

    When you get to the end of your rope tie a knot and hold on.
    Phil 4:19 I can do ALL things through Christ who strengtens me

    [This message has been edited by jdbjdb2 (edited 05 November 2000).]
     
  12. joey

    joey New Member

    will meet with attorney on thursday. you guys are the greatest. will keep you posted. at this point, they will get custody "when pigs fly". we trudge on, ALL OF US!
     
  13. ALogan3

    ALogan3 New Member

    You guys are TOTALLY awesome!!! [​IMG]

    This is some of the finest work I have ever seen!!!!! [​IMG]

    I have been there done that with the state ward thing......DONT, but I guess you already figured that out. Mine was from calling 911 when my DEx beat my then 13/difficult child with a cable cord. [​IMG]

    Never again........

    Hugs & Prayers,
    Andrea
     
  14. Abbey

    Abbey Spork Queen

    Ok... we did exactly as you described. Last year, after years of fighting with the courts, having no personal money to invest in Residential Treatment Center (RTC), we made our son a ward of the state. If this option would have been available a few years ago, we would have done it then. You can't just "give up" your rights anymore.

    It has opened up a lot of new options for our son. Unfortunate that he is not around to take advantage of them. He has a lot more placement opportunities, and funds available if/when he does make it through a complete program. There is college money, assistance for starting his own home, etc.

    For us, this has been the best thing to happen.

    Abbey


    ------------------


    Site Owner/ Administrator - ConductDisorders.com

    16yr. old difficult child; you name it...it's been done. Currently on the run.

    "There are no mistakes, no coincidences. All events are blessings given to us to learn from."
    -Elizabeth Kubler-Ross
     
  15. Guest

    It is truly amazing how we all go through the same things and when one person asks a question, so many respond with help. This board is so wonderful!!

    We are in So. California and are dealing with the same issues. My son two weeks ago through a pen at his teacher, which hit him, and they called the sheriff who was going to arrest him for assault and then take him on a 51/50 (I think he called it that). My husband and I objected, saying that we could voluntarily place him in a 72 hour psychiatric hold. We also objected to the so-called assault. Not that our son was in the wrong, because boy was he, but to arrest him on felony (yes I said felony) assault was the worst thing that could happen. I did not want him in the system because of all the things you guys have warned us about. Eventually, the teacher agreed not to press charges and we were able to get him released to our care. We have AB3632 funding for day treatment coming through and just did our first interview with a school that handles kids like ours. Hopefully Thursday we will know if he has been accepted. Thank goodness I started on this board when I did because I have gotten some very valuable info here. When I first posted I did not even know what an IEP was. Now if I come up against a hard one, like I did a month or so ago when they tried to expel my son, I just log on and ask.

    Joey--I wish you luck. Sounds like Thursday is the day for both of us!! [​IMG]

    ------------------
    Donna, mother of two boys, a 13 yr. old, born with a benign tumor which has been removed many times and reconstruction surgery done to correct it, diagnosis: ADHD, and Bipolar disorder. easy child is a 17 yr. old with typical teenage problems!
     
  16. Guest

    Dear Abbey, Jessica's mom or Suz,
    Can this be achived the info here is really important..a parent should never ever have to give up custody to get treatment for their Child


    ------------------
    Love,
    -jdbjdb-

    11 year difficult child good kid ADD,Depression/Axienty,Aspergers & NonVerbal Learning Disorder (NVLD) medications trying out Zoloft25 mg and been taking Adderall 10mg
    9 y/o difficult child Bipolar -Topamax 100mg BID,Risperdal 1mg am 2mg pm & Cogentin PRN
    10-6-2000 placed in a level 11 Residential Treatment Center (RTC) for boys
    husband I am blessed with a great man
    me-heroic mom-School Bus Driver (-:

    When you get to the end of your rope tie a knot and hold on.
    Phil 4:19 I can do ALL things through Christ who strengtens me
     
  17. DadRich

    DadRich New Member

    I can not BELIEVE what I am reading here and am SO happy that I live ere in the freezebox of the nation where at least legal custody never really comes into play like what you guys are describing... I can't believe it! Amazing that these people justify their own existence making poeoples lives miserable like this. Sorry to hear - really.

    by the way - Did I mention that real estate is a little cheaper here?! hehe (just kidding!)

    HANG IN THERE YOU CALIFORNIANS! [​IMG] [​IMG] [​IMG]

    ------------------
    Dad to Adopted Sons:
    Alex - 25 - ODD/PTSD
    Dan - 23 - ODD
    Aaron - 20 - ODD - Tourettes - ChemDep
    Joe - 16 Numerous diagnosis's - doing REALLY well
    Tim - 14 (going on 43)ODD/Reactive Attachment Disorder (RAD) - turned into easy child on me!
    Chris - 14 Severe ADHD
    Rico - 12 ADHD/ODD
    Steven - 12 - ODD
    Andrew - 10 - ADHD / Fetal Alcohol Effects (FAE)
     
  18. Abbey

    Abbey Spork Queen

    Dadrich...you have NO idea. Find me two teaching jobs in MI and we're on our way.

    Abbey
     
  19. Guest

    I don't think I could handle those cold winters! This Southern Californian has thin blood and freeze when it's under 70 degrees. Have a portable heater under my computer desk at this moment!

    ------------------
    jett
     
  20. joey

    joey New Member

    information from protection and advocacy. referred me to Federal Guidelines for Special Education, Volume 553, page 1107. It is Christopher T. versus San Francisco Unified School District, 1982 Federal Court for Nothern District. Haven't researched it yet. Last night was difficult. Residential Treatment Center (RTC) discovered my son had not been attending football practice for some time (but I've spent every Friday night at a game, cheering HIS team on)lol. He then felt he was really in trouble so he ran. with two other boys. thank god he came back on his own after a few anxious hours. the other two are still gone. and the last game of the season is this week!
    But I will get on it and see what i can find. thanks so much for being there, all of you.
     
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