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Navigating Commitment Hearings: Inside Insights and Strategies for Legal Professionals

Dive into the mechanics, complexities, and strategies involved in commitment hearings involving clinical staff, adversaries turned allies, technicalities, and creative legal maneuvers.

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Navigating Commitment Hearings: Inside Insights and Strategies for Legal Professionals

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Presentation Transcript

  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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