swinging at ghosts

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SWINGING AT GHOSTS A one-sided fight?

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SWINGING AT GHOSTS. A one-sided fight?. No Attorney on the other side????. Mechanics of the Commitment Hearing Who files the petition? Who conducts examination? Who testifies? Who objects?. LOCATION, LOCATION, LOCATION. Commitment hearings tend to be non-adversarial? Formality - PowerPoint PPT Presentation

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Page 1: SWINGING AT GHOSTS

SWINGING AT GHOSTS

A one-sided fight?

Page 2: SWINGING AT GHOSTS

NO ATTORNEY ON THE OTHER SIDE????

M

echanics of the Commitment Hearing• Who files the petition? • Who conducts examination?• Who testifies?• Who objects?

Page 3: SWINGING AT GHOSTS

LOCATION, LOCATION, LOCATION

C

ommitment hearings tend to be non-adversarial?

F

ormality

R

ecordings

S

hackling/Transportation

Page 4: SWINGING AT GHOSTS

CLINICAL STAFF IN COURTROOM

D

octors don’t always like lawyers

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elationship with the facility staff

W

itness Preparation

R

eviewing Records

P

ersonal Knowledge objections

Page 5: SWINGING AT GHOSTS

WHO ADVISES THE FACILITY?

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ake sure your role is clearly explained.

W

alking the fine line.

Page 6: SWINGING AT GHOSTS

TECHNICALITIES

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otions to Dismiss

C

hallenging the Recommendations

W

itnesses

W

rits

Page 7: SWINGING AT GHOSTS

WHEN ADVERSARIES BECOME CO-COUNSEL

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SS as the common enemy

C

aregivers as the common enemy

P

roviders as the common enemy

B

enefits as the Obstacle

Page 8: SWINGING AT GHOSTS

GETTING CREATIVE

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aking motion for contempt of court order

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otions for Review

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rits: Superior Court or Court of Appeals?

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egotiating Skills

A

ppeals

Page 9: SWINGING AT GHOSTS

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.”

Page 10: SWINGING AT GHOSTS

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.”

Page 11: SWINGING AT GHOSTS

DISCUSSION

W

hat is your role as counsel for a child in

a commitment proceeding?

E

thical considerations.

Page 12: SWINGING AT GHOSTS

V

alerie Pearce• 704-943-9468• 704-877-0760• [email protected]

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CONTACT INFORMATION

C

olleen Mullan• 704-372-7961• [email protected]

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