SWINGING AT GHOSTS
A one-sided fight?
NO ATTORNEY ON THE OTHER SIDE????
M
echanics of the Commitment Hearing• Who files the petition? • Who conducts examination?• Who testifies?• Who objects?
LOCATION, LOCATION, LOCATION
C
ommitment hearings tend to be non-adversarial?
F
ormality
R
ecordings
S
hackling/Transportation
CLINICAL STAFF IN COURTROOM
D
octors don’t always like lawyers
R
elationship with the facility staff
W
itness Preparation
R
eviewing Records
P
ersonal Knowledge objections
WHO ADVISES THE FACILITY?
M
ake sure your role is clearly explained.
W
alking the fine line.
TECHNICALITIES
M
otions to Dismiss
C
hallenging the Recommendations
W
itnesses
W
rits
WHEN ADVERSARIES BECOME CO-COUNSEL
D
SS as the common enemy
C
aregivers as the common enemy
P
roviders as the common enemy
B
enefits as the Obstacle
GETTING CREATIVE
M
aking motion for contempt of court order
M
otions for Review
W
rits: Superior Court or Court of Appeals?
N
egotiating Skills
A
ppeals
USING COMMITMENT FOR PLACEMENT
“
They are stable, but placement won’t be available for weeks.”
“
I don’t want to release them and have them go back into that
home environment.”
“
We don’t have any other options right now.”
CHILD AND FAMILY TEAMS AND DISCHARGE
PLANNINGD
ischarge planning needs to be part of the treatment plan.
S
tay on top of them.
I
ssue subpoenas to get professionals moving.
“
You are not being a team player…You are hurting the child.”
DISCUSSION
W
hat is your role as counsel for a child in
a commitment proceeding?
E
thical considerations.
V
alerie Pearce• 704-943-9468• 704-877-0760• [email protected]
g
CONTACT INFORMATION
C
olleen Mullan• 704-372-7961• [email protected]
g
