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<blockquote data-quote="witzend" data-source="post: 161747" data-attributes="member: 99"><p>I'm sorry that you got such a clunker for a GAL. <img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite3" alt=":(" title="Frown :(" loading="lazy" data-shortname=":(" /> Here's my take on the doctor's releases and the judge, after having learned all of that stuff the hard way.</p><p></p><p>There are two ways to get Dr.'s testimony into court. One is to pay them to take the day off and come to court. You know how much their fee is, and this isn't covered by insurance, so you would be out the $800 - $1,000 for the doctor to testify for difficult child. I'm assuming that you didn't make those arrangements. The release you signed was probably a "General Release" form rather than a "Limited Release" form. "General Nature of Treatment" is going to include a lot more than just "talk therapy" or "behavioral modification therapy". It's going to include diagnosis's and opinions. If you want those diagnosis's and opinions brought to court without paying the therapist and psychiatrist for their testimony, the only other way to get it in is to have it presented by a legal representative of the court. In your case, the GAL. It's unfortunate that you didn't understand this and get together with the therapist and psychiatrist and ask them to emphasize that difficult child would be more likely to offend after detention time, and their recommendation that he have more intensive treatment rather than detention. If you want to try to get that in, you need to talk to them and get them to write an addendum to their first letter saying so and send a copy to you so that you can be sure that it gets into court. Same with the info on the medications.</p><p></p><p>From outside looking in, your GAL is pushing this in a very specific direction, and you have not been given very good advice on how to get her to advocate with your concerns in mind. </p><p></p><p>As to the Judge. To withstand an appeal, he only has to make his decisions on "conclusions of fact and findings of law." He also gets to interpret the law within the boundaries of past decisions by him and any other judge in your jurisdiction. So, the question of bringing up the medications problems in order to bring it into an appeal is less viable than you might think. If other kids have been detained for the type of crime your son has committed with the knowledge that their behaviors were exacerbated by medications, he is within the duty of his courtroom to do the same with your son. Judges get to apply their opinions within the boundaries of the law. If this judge is of the opinion that medication reactions don't make a difference, he will decide that way, and the chance you could change his ruling on appeal is very small.</p><p></p><p>My advice to you is to ramp it up with the therapist and psychiatrist as to treatment and the prognosis for recovery given that treatment, and to make certain that the GAL gets this information. It seems obvious that she purposely asked specific questions of them in order to elicit responses that would ultimately put your son in detention. It seems to be her opinion that is where he belongs, and she is not obligated to ask them questions that would elicit other types of responses regarding treatment plans or punishments. I'd also be very careful, if I were you, that she not make a report to the court about <em>you</em> that you are argumentative with her, that your ideas for your son's recovery are unrealistic, etc. She has an agenda, and she is the one that gets to present to the judge. Don't let her see you sweat. Get the therapist and psychiatrist to write strong addendums to her and be sure that she presents them fairly to the judge.</p><p></p><p>I hope I don't sound pessimistic and awful. Maybe I am damaged from what happened with L and see things that way. But to me, the writing is on the wall with this one. You can't sway her opinion, but you can be sure that the opinions of other professionals are accurately presented to the court.</p><p></p><p>{{{{{{{{{{Big hugs}}}}}}}}}}}</p></blockquote><p></p>
[QUOTE="witzend, post: 161747, member: 99"] I'm sorry that you got such a clunker for a GAL. :( Here's my take on the doctor's releases and the judge, after having learned all of that stuff the hard way. There are two ways to get Dr.'s testimony into court. One is to pay them to take the day off and come to court. You know how much their fee is, and this isn't covered by insurance, so you would be out the $800 - $1,000 for the doctor to testify for difficult child. I'm assuming that you didn't make those arrangements. The release you signed was probably a "General Release" form rather than a "Limited Release" form. "General Nature of Treatment" is going to include a lot more than just "talk therapy" or "behavioral modification therapy". It's going to include diagnosis's and opinions. If you want those diagnosis's and opinions brought to court without paying the therapist and psychiatrist for their testimony, the only other way to get it in is to have it presented by a legal representative of the court. In your case, the GAL. It's unfortunate that you didn't understand this and get together with the therapist and psychiatrist and ask them to emphasize that difficult child would be more likely to offend after detention time, and their recommendation that he have more intensive treatment rather than detention. If you want to try to get that in, you need to talk to them and get them to write an addendum to their first letter saying so and send a copy to you so that you can be sure that it gets into court. Same with the info on the medications. From outside looking in, your GAL is pushing this in a very specific direction, and you have not been given very good advice on how to get her to advocate with your concerns in mind. As to the Judge. To withstand an appeal, he only has to make his decisions on "conclusions of fact and findings of law." He also gets to interpret the law within the boundaries of past decisions by him and any other judge in your jurisdiction. So, the question of bringing up the medications problems in order to bring it into an appeal is less viable than you might think. If other kids have been detained for the type of crime your son has committed with the knowledge that their behaviors were exacerbated by medications, he is within the duty of his courtroom to do the same with your son. Judges get to apply their opinions within the boundaries of the law. If this judge is of the opinion that medication reactions don't make a difference, he will decide that way, and the chance you could change his ruling on appeal is very small. My advice to you is to ramp it up with the therapist and psychiatrist as to treatment and the prognosis for recovery given that treatment, and to make certain that the GAL gets this information. It seems obvious that she purposely asked specific questions of them in order to elicit responses that would ultimately put your son in detention. It seems to be her opinion that is where he belongs, and she is not obligated to ask them questions that would elicit other types of responses regarding treatment plans or punishments. I'd also be very careful, if I were you, that she not make a report to the court about [I]you[/I] that you are argumentative with her, that your ideas for your son's recovery are unrealistic, etc. She has an agenda, and she is the one that gets to present to the judge. Don't let her see you sweat. Get the therapist and psychiatrist to write strong addendums to her and be sure that she presents them fairly to the judge. I hope I don't sound pessimistic and awful. Maybe I am damaged from what happened with L and see things that way. But to me, the writing is on the wall with this one. You can't sway her opinion, but you can be sure that the opinions of other professionals are accurately presented to the court. {{{{{{{{{{Big hugs}}}}}}}}}}} [/QUOTE]
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