swinging at ghosts
DESCRIPTION
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 PresentationTRANSCRIPT
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