SWINGING AT GHOSTS

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• valerie@cfcrights.or

g

CONTACT INFORMATION

C

olleen Mullan• 704-372-7961• Colleen@cfcrights.or

g