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SWINGING AT GHOSTS

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

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SWINGING AT GHOSTS

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  1. SWINGING AT GHOSTS A one-sided fight?

  2. No Attorney on the other side???? • Mechanics of the Commitment Hearing • Who files the petition? • Who conducts examination? • Who testifies? • Who objects?

  3. LOCATION, LOCATION, LOCATION • Commitment hearings tend to be non-adversarial? • Formality • Recordings • Shackling/Transportation

  4. CLINICAL STAFF in courtroom • Doctors don’t always like lawyers • Relationship with the facility staff • Witness Preparation • Reviewing Records • Personal Knowledge objections

  5. WHO ADVISES THE FACILITY? • Make sure your role is clearly explained. • Walking the fine line.

  6. TECHNICALITIES • Motions to Dismiss • Challenging the Recommendations • Witnesses • Writs

  7. WHEN ADVERSARIES BECOME CO-COUNSEL • DSS as the common enemy • Caregivers as the common enemy • Providers as the common enemy • Benefits as the Obstacle

  8. GETTING CREATIVE • Making motion for contempt of court order • Motions for Review • Writs: Superior Court or Court of Appeals? • Negotiating Skills • Appeals

  9. 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.”

  10. Child and Family teams and Discharge Planning • Discharge planning needs to be part of the treatment plan. • Stay on top of them. • Issue subpoenas to get professionals moving. • “You are not being a team player…You are hurting the child.”

  11. DISCUSSION • What is your role as counsel for a child in a commitment proceeding? • Ethical considerations.

  12. CONTACT INFORMATION • Valerie Pearce • 704-943-9468 • 704-877-0760 • valerie@cfcrights.org • Colleen Mullan • 704-372-7961 • Colleen@cfcrights.org

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