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Substance Abuse
For those that have been there, what do I do now?
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<blockquote data-quote="OTE" data-source="post: 8171"><p>I've been there done that. But with mine it was the police station wall. Mine also used to bite a lot. Spit in faces when fully tied down (they put spit guard mask over his face). Believe me, the court has seen much worse than yours or mine. These aren't kids with guns or knives, they aren't raping girls, etc. So keep it in perspective as they will. This is a kid with mental illness who is self-medicating which leads him to steal to get money.</p><p></p><p>The judge will listen to the proposal and then give you their opinion (the ruling which you have to do). Mine has been before a LOT of judges. Not one has ever disagreed with a placement decision. But these things are worked out in advance with the prosecution. Typically a few minutes before the hearing the lawyer meets with the prosecutor. They review all of the cases the lawyer has for that hearing including yours. You've already told your child's lawyer what you want and/ or have already arranged. If it's a licensed placement for the illness that has been diagnosis by a qualified professional who has recommended a placement the procecutor will agree. Everyone knows placements are hard to come by. So if you've found one they don't really want to mess it up. Obviously they wouldn't agree if it was an unsuitable placement eg your child is a chronic runaway and it's not a secure facility or your child needs sub abuse as well as mental health and you're sending them to a relative in another town with no treatment. So it's not a given that they'll agree but it's unlikely they'll reject it if it's a real placement or real treatment that's suitable. So then your lawyer and the prosecutor have agreed on what they want the judge to order. Again, if it's a good placement judge will be fine with it. But you need to know that judge will put more conditions on top of the placement. So on that one charge only which seems to be either under the influence or in a mental illness rage, it would be something like 1 year probation. During this 1 year period the child has to report to the PO (or placement reports to PO), has a curfew if that's an issue, has to have random drug tests, good grades, school attendance, etc. But the biggest point is that if he gets another charge during this one year period this charge comes back into sentencing. Then the probation period gets longer, the terms get harder, etc. Keep in mind that it's based on your area and your PO but mine has never kept to the terms of the probation EVER and nothing really happens. Next charge comes up and judge considers old one with new one in sentencing. They VERY rarely in my experience bring a kid back to court for lousy grades, poor school attendance, even failing drug test.</p><p></p><p>If your kid clears the one year mark without another charge then they may or may not bring him back to court to dismiss the first charge. Depending on your state it's either explunged at 18 or you have to apply to have it explunged. That means that it's as if it doesn't exist, he can answer no to any employment application question about arrest or court involvement.</p><p></p><p>Try reading this, which I've found quite helpful. Obviously the laws mentioned here are specific to my state but you might be able to find something similar for your state. Start by looking at family court websites for your state. They all have them. (Juveniles typically are in family court, not criminal court.)</p><p></p><p><a href="https://web.archive.org/web/20070917051528/http://www.ncdjjdp.org/court/guidebooks.html" target="_blank">https://web.archive.org/web/20070917051528/http://www.ncdjjdp.org/court/guidebooks.html</a></p></blockquote><p></p>
[QUOTE="OTE, post: 8171"] I've been there done that. But with mine it was the police station wall. Mine also used to bite a lot. Spit in faces when fully tied down (they put spit guard mask over his face). Believe me, the court has seen much worse than yours or mine. These aren't kids with guns or knives, they aren't raping girls, etc. So keep it in perspective as they will. This is a kid with mental illness who is self-medicating which leads him to steal to get money. The judge will listen to the proposal and then give you their opinion (the ruling which you have to do). Mine has been before a LOT of judges. Not one has ever disagreed with a placement decision. But these things are worked out in advance with the prosecution. Typically a few minutes before the hearing the lawyer meets with the prosecutor. They review all of the cases the lawyer has for that hearing including yours. You've already told your child's lawyer what you want and/ or have already arranged. If it's a licensed placement for the illness that has been diagnosis by a qualified professional who has recommended a placement the procecutor will agree. Everyone knows placements are hard to come by. So if you've found one they don't really want to mess it up. Obviously they wouldn't agree if it was an unsuitable placement eg your child is a chronic runaway and it's not a secure facility or your child needs sub abuse as well as mental health and you're sending them to a relative in another town with no treatment. So it's not a given that they'll agree but it's unlikely they'll reject it if it's a real placement or real treatment that's suitable. So then your lawyer and the prosecutor have agreed on what they want the judge to order. Again, if it's a good placement judge will be fine with it. But you need to know that judge will put more conditions on top of the placement. So on that one charge only which seems to be either under the influence or in a mental illness rage, it would be something like 1 year probation. During this 1 year period the child has to report to the PO (or placement reports to PO), has a curfew if that's an issue, has to have random drug tests, good grades, school attendance, etc. But the biggest point is that if he gets another charge during this one year period this charge comes back into sentencing. Then the probation period gets longer, the terms get harder, etc. Keep in mind that it's based on your area and your PO but mine has never kept to the terms of the probation EVER and nothing really happens. Next charge comes up and judge considers old one with new one in sentencing. They VERY rarely in my experience bring a kid back to court for lousy grades, poor school attendance, even failing drug test. If your kid clears the one year mark without another charge then they may or may not bring him back to court to dismiss the first charge. Depending on your state it's either explunged at 18 or you have to apply to have it explunged. That means that it's as if it doesn't exist, he can answer no to any employment application question about arrest or court involvement. Try reading this, which I've found quite helpful. Obviously the laws mentioned here are specific to my state but you might be able to find something similar for your state. Start by looking at family court websites for your state. They all have them. (Juveniles typically are in family court, not criminal court.) [url]https://web.archive.org/web/20070917051528/http://www.ncdjjdp.org/court/guidebooks.html[/url] [/QUOTE]
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For those that have been there, what do I do now?
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