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<blockquote data-quote="klmno" data-source="post: 252048" data-attributes="member: 3699"><p>It's the way our law is written. When a child is already in Department of Juvenile Justice for delinquent acts or found "A child in Need of Services", which my son is both, the juvenile judge has options of commitment to state juvy, order mental health treatment, etc., and order the parent to do whatever they want if they want to keep the child with the parent. If the child continues to exhibit problems (and my son already has), they can turn the child over to dss. Dss can either 1) place the child somewhere with an agreement with the parent and the parent keeps parental rights. Or 2) place the child wherever they want without parental agreement. Normally, this is only done in cases of abuse or neglect, however, it doesn't matter, if the child is turned over to dss by Department of Juvenile Justice, dss has the say-so over the placement but the law requires that dss look at family placement first and if there is a family member that is willing to accept the child, passes a criminal background check, and a home interview, then that is where the child goes. Period. Dss has already explained this to me.</p><p></p><p>Now, whether or not my son gets turned over to dss will be ordered based on the gal's recommendation to the court, I feel certain. The gal started down this road when she first got involved 2 years ago, then she tried to get me to agree to it after that when I was having trouble getting my son mental health treatment on my own. I think she's somehwat "trigger happy" with getting dss involved. In our case, difficult child became a danger to himself and me, making it me who felt like he needed a residential placement. But, I guess the gal's idea of remaining objective means that I either find a way to get difficult child into Residential Treatment Center (RTC) myself, which I'm still trying to do, or they order him home with me being court ordered to have mental health treatment, among other things (this would be their efforts to prevent out-of-home placement), or turn difficult child over to dss.</p><p></p><p>I would have no problem remaining in mental health stuff, but it needs to be an accurate assessment, in as much as possible. I also think it will make things worse for difficult child to come home right now. I think if he goes someplace else, they need to ensure it's with a guardian who can do better for difficult child than me, but they don't check all that. It's the law.</p><p></p><p>I would get an attny, but I can't afford one. I'm trying to dig in our law enough to determine if a court appointment attny must be assigned if they are going to turn my son over to dss. My biggest concern is that I'm not willing to follow a court ordered treatment plan (therapy and medications) that is based on a diagnosis that came from one personality test alone (written- no interview or personal history) and have difficult child come back home on probation so he gets no consequences for holding a knife to my neck on 2 different occassions but instead I get court orders. If I had been abusing him or neglecting him, I can see this. But that was not the case. So, I have bucked that as an acceptable solution. I love my son and will get an assessment by people who can determine how I might be contributing to the problem if they are willing to actually give that kind of assessment. I will go to family therapy if my son is in Residential Treatment Center (RTC). I will work with them on other things if it is deemed necessary.</p><p></p><p>They might consider all that or they might not. They might just decide that since I bucked their personality test and the PO feels like I'm just over-protective and the psychiatrist has bought that I'm just stressed over being a single parent (yes- those are his words- not that I was stresswed over the legal stuff, psychiatric problems, etc) and don't want difficult child to grow up (which I'm sure came from difficult child), that I am not in difficult child's interest. That automatically gets difficult child into dss, which automatically gets a family placement. It appears that this is the way it's going.</p><p></p><p>If it was a true custody case, they would have to compare the 2 parents equally to see which one was in the best interest of the child. So both parents might be getting a personality test. But in this case, it is not a custody hearing between 2 parents. So, my bro might be twice as bad as me, for lack of better term, but it doesn't matter.</p><p></p><p>It hoovers. I would just promise whatever they want to prevent this, but I've been down that road for over a year and a half and difficult child knew it and apparently, has been manipulating the carp out of me with it. So going back into that with more ability for him to manipulate it would be a set up for disaster in my mind. And what would it prove? What would happen when he doesn't go to school again or puts a knife up to me again or breaks another law? difficult child has gotten sign after sign from these people that they will blame me for it, not him and no matter what they say, I end up with more consequences then he does. It would do no good for me to try this route anyway because the gal is using it against me that I was going to all these agencies and trying to get help before things got to this point- instead of them looking at it like I was doing everything I could to do what was in difficult child's best interest, the gal is conveying it more like I can't handle the situation so someone else should step in- not to help, but to either work on me or get difficult child out of the home.</p><p></p><p>If they place him anywhere else besides my bro or someplace where I don't have to worry about abuse, then so be it. But, I've already been told that unless I can get him in Residential Treatment Center (RTC) and the gal and judge approve of that, that's it. So, in this situation, it is easier for my bro to get custody of difficult child than it would be for bio-father, even if we had been married ten years and even though my bro has only seen difficult child about 10 times, because then the bio-father would have to prove that he is a BETTER parent than me.</p><p></p><p>I personally thought this allowed the judge to get difficult child into Residential Treatment Center (RTC) somehow and that she would once we had a letter from psychiatrist recommending it. But, the judge says she can't order it. Also,- look at 6.A toward the bottom of that link- the gal could already have my bro prepared to be in court and the judge could automatically transfer custody to him and he does not have to prove that he would be a better parent. Since this is the second time now that gal has gotten all this stirred up, I can assure you that I will NEVER buy that they are just worried about my stress level.</p><p></p><p>And paranoid- you bet- how much would anybody be able to trust a system and starts out with you haaving your child arrested for pulling a knife out on you after they took NO action when you tried to get help to prevent it from happening again and you leave the court room with them discussing letting the kid go but you're ordered a psychiatric evaluation. Upon request of the CA. And, with the treatment plan that I've already described, how willing would you be to bring your difficult child home under those circumstances?</p><p></p><p>If I was too stressed at being a single mom and that's what casued all difficult child's issues, I'd like to sue the carp out of every psychiatrist that evaluation'd difficult child and gave him a diagnosis and rx'd him medications. Notice that the very psychiatrist saying this now is still rx'ing difficult child MS's. And if psychiatrist and others are just trying to say this stuff to me to get me to do what they want, maybe they should try leveling with me instead of manipulating me.</p></blockquote><p></p>
[QUOTE="klmno, post: 252048, member: 3699"] It's the way our law is written. When a child is already in Department of Juvenile Justice for delinquent acts or found "A child in Need of Services", which my son is both, the juvenile judge has options of commitment to state juvy, order mental health treatment, etc., and order the parent to do whatever they want if they want to keep the child with the parent. If the child continues to exhibit problems (and my son already has), they can turn the child over to dss. Dss can either 1) place the child somewhere with an agreement with the parent and the parent keeps parental rights. Or 2) place the child wherever they want without parental agreement. Normally, this is only done in cases of abuse or neglect, however, it doesn't matter, if the child is turned over to dss by Department of Juvenile Justice, dss has the say-so over the placement but the law requires that dss look at family placement first and if there is a family member that is willing to accept the child, passes a criminal background check, and a home interview, then that is where the child goes. Period. Dss has already explained this to me. Now, whether or not my son gets turned over to dss will be ordered based on the gal's recommendation to the court, I feel certain. The gal started down this road when she first got involved 2 years ago, then she tried to get me to agree to it after that when I was having trouble getting my son mental health treatment on my own. I think she's somehwat "trigger happy" with getting dss involved. In our case, difficult child became a danger to himself and me, making it me who felt like he needed a residential placement. But, I guess the gal's idea of remaining objective means that I either find a way to get difficult child into Residential Treatment Center (RTC) myself, which I'm still trying to do, or they order him home with me being court ordered to have mental health treatment, among other things (this would be their efforts to prevent out-of-home placement), or turn difficult child over to dss. I would have no problem remaining in mental health stuff, but it needs to be an accurate assessment, in as much as possible. I also think it will make things worse for difficult child to come home right now. I think if he goes someplace else, they need to ensure it's with a guardian who can do better for difficult child than me, but they don't check all that. It's the law. I would get an attny, but I can't afford one. I'm trying to dig in our law enough to determine if a court appointment attny must be assigned if they are going to turn my son over to dss. My biggest concern is that I'm not willing to follow a court ordered treatment plan (therapy and medications) that is based on a diagnosis that came from one personality test alone (written- no interview or personal history) and have difficult child come back home on probation so he gets no consequences for holding a knife to my neck on 2 different occassions but instead I get court orders. If I had been abusing him or neglecting him, I can see this. But that was not the case. So, I have bucked that as an acceptable solution. I love my son and will get an assessment by people who can determine how I might be contributing to the problem if they are willing to actually give that kind of assessment. I will go to family therapy if my son is in Residential Treatment Center (RTC). I will work with them on other things if it is deemed necessary. They might consider all that or they might not. They might just decide that since I bucked their personality test and the PO feels like I'm just over-protective and the psychiatrist has bought that I'm just stressed over being a single parent (yes- those are his words- not that I was stresswed over the legal stuff, psychiatric problems, etc) and don't want difficult child to grow up (which I'm sure came from difficult child), that I am not in difficult child's interest. That automatically gets difficult child into dss, which automatically gets a family placement. It appears that this is the way it's going. If it was a true custody case, they would have to compare the 2 parents equally to see which one was in the best interest of the child. So both parents might be getting a personality test. But in this case, it is not a custody hearing between 2 parents. So, my bro might be twice as bad as me, for lack of better term, but it doesn't matter. It hoovers. I would just promise whatever they want to prevent this, but I've been down that road for over a year and a half and difficult child knew it and apparently, has been manipulating the carp out of me with it. So going back into that with more ability for him to manipulate it would be a set up for disaster in my mind. And what would it prove? What would happen when he doesn't go to school again or puts a knife up to me again or breaks another law? difficult child has gotten sign after sign from these people that they will blame me for it, not him and no matter what they say, I end up with more consequences then he does. It would do no good for me to try this route anyway because the gal is using it against me that I was going to all these agencies and trying to get help before things got to this point- instead of them looking at it like I was doing everything I could to do what was in difficult child's best interest, the gal is conveying it more like I can't handle the situation so someone else should step in- not to help, but to either work on me or get difficult child out of the home. If they place him anywhere else besides my bro or someplace where I don't have to worry about abuse, then so be it. But, I've already been told that unless I can get him in Residential Treatment Center (RTC) and the gal and judge approve of that, that's it. So, in this situation, it is easier for my bro to get custody of difficult child than it would be for bio-father, even if we had been married ten years and even though my bro has only seen difficult child about 10 times, because then the bio-father would have to prove that he is a BETTER parent than me. I personally thought this allowed the judge to get difficult child into Residential Treatment Center (RTC) somehow and that she would once we had a letter from psychiatrist recommending it. But, the judge says she can't order it. Also,- look at 6.A toward the bottom of that link- the gal could already have my bro prepared to be in court and the judge could automatically transfer custody to him and he does not have to prove that he would be a better parent. Since this is the second time now that gal has gotten all this stirred up, I can assure you that I will NEVER buy that they are just worried about my stress level. And paranoid- you bet- how much would anybody be able to trust a system and starts out with you haaving your child arrested for pulling a knife out on you after they took NO action when you tried to get help to prevent it from happening again and you leave the court room with them discussing letting the kid go but you're ordered a psychiatric evaluation. Upon request of the CA. And, with the treatment plan that I've already described, how willing would you be to bring your difficult child home under those circumstances? If I was too stressed at being a single mom and that's what casued all difficult child's issues, I'd like to sue the carp out of every psychiatrist that evaluation'd difficult child and gave him a diagnosis and rx'd him medications. Notice that the very psychiatrist saying this now is still rx'ing difficult child MS's. And if psychiatrist and others are just trying to say this stuff to me to get me to do what they want, maybe they should try leveling with me instead of manipulating me. [/QUOTE]
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