GAL overstepping his role?

[not2cleverRed]

Thank you OG - I don't always express myself with legal precision. Would assume "best interests" over "desire to become a juvenile delinquent."

The big point, that the OP doesn't seem to get, is that even if it seems from their perspective that the GAL is overstepping, it is most likely in reaction to something that the GAL is seeing/sensing from the information available. (We do not necessarily have that information.)

I would suspect that most GALs have enough to do without inventing work for themselves, and have far too much experience with people behaving badly.

 

[Ohiogal]

Thank you OG - I don't always express myself with legal precision. Would assume "best interests" over "desire to become a juvenile delinquent."

The big point, that the OP doesn't seem to get, is that even if it seems from their perspective that the GAL is overstepping, it is most likely in reaction to something that the GAL is seeing/sensing from the information available. (We do not necessarily have that information.)

I would suspect that most GALs have enough to do without inventing work for themselves, and have far too much experience with people behaving badly.

I can agree with that. I just didn't want anyone to misunderstand what a GAL represents.

 

[GrandmaOH]

After the last few posts I've come to the conclusion that the differences I have with this GAL is what we perceive to be in the best interest of GS.

I think it is in the best interest of GS to be back home and going to family counseling with us. I see his current failing grades, school abscenses, lack of involvement in any extra-curricular activity, and non-compliance in therapy as signs he has deteriorated in the almost 7 months in foster care away from us.

I think the GAL sees his current failing grades, school abscenses, lack of involvement in any extra-curricular activity, and non-compliance in therapy as signs that I messed him up.

When it comes down to it, GAL is the one who has prevented me from speaking to GS's counselors, the caseworkers all deferred to him to give me that information & authority. GAL has seen GS get mad at me, and the results were GAL got a 'no visitation' order on me until the counselor said it was OK. The problem is, multiple changes in counselors, none of whom I've been able to speak with, and now non-compliance by GS has allowed GS to throw a teen-age tantrum and get what he wanted--stopping him from seeing me. Both times the GAL did this, GS had ulterior motives to get mad at me. The first time was so he'd get sent to the hospital where his girlfriend was. Caseworker was told by the doctor at that time so 11 days after that hospitalization he OD'd but caseworker had him sent to a different hospital. Caseworker never told the GAL that GS apparently staged the tantrum to go to the hospital to see his girl. The second time the GAL got a 'no visitation' order, GS was mad because I wouldn't give him money. I gave him the things he said he needed to buy. GS said if I didn't give him money, he'd get the GAL to stop visitation. Again, the GAL was not aware that GS was attempting to get money from me and said he'd get the GAL to stop visitation if I didn't give it to him.

Apparently, the GAL thinks he was acting in the best interest of GS, but I think the best interest would have been served by addressing his tantrum and extortion attempts directly with us. Despite GAL's assertions that he "thinks GS's claims of attempted suicide in foster care are false", he's "afraid to upset GS for fear he will attempt suicide".

I keep comparing GS with "Rachel Canning", the high school senior who left home at 18 then sued her parents for support and her college fund. She was mad because her parents had rules about who she saw & curfew. She wanted her independance, but she wanted it paid for by her parents. GS wanted his independance, and he used CPS to try to get it. Unfortunately, it seems that he's been blaming me that it didn't work out the way he wanted.

 

[SESmama]

Well, if your grandson is acting this way as a means to an end then let the GAL do his job and let the grandson get what he is wanting (so to speak). Perhaps the consequences of what he is doing will be exactly what he needs. They will either help him or wake him up. You seems to have done what you can so let the GAL do his job and one of 2 things will happen.

 

[GrandmaOH]

Well, if your grandson is acting this way as a means to an end then let the GAL do his job and let the grandson get what he is wanting (so to speak). Perhaps the consequences of what he is doing will be exactly what he needs. They will either help him or wake him up. You seems to have done what you can so let the GAL do his job and one of 2 things will happen.

That is easier said than done. In someone elses post in another forum on this site, a woman asked about how to terminate an adoption. Her child was in a lot of trouble, a danger to herself and others, and they couldn't afford to get her help. CPS had not taken custody of that child. But the posters really slammed her for wanting to 'give up on her child'. Here we are, I don't want to give up on GS, I can afford to get our GS the help he needs, had it lined up and CPS took GS and cancelled the help I had. If GAL had recommended GS be returned to our custody in December when we had a hearing, I could have transferred him from the hospital he was in to a residential mental health treatment center at a local hospital. GAL thought that was the best option for treatment at that time but "thought CPS would do the right thing and put him there". Nope, he got transferred to a group home for delinquents with once a week counselor after several weeks. I had him at a licensed counselor a month before they took him and that wasn't enough then.

The consequences are going to be pretty rough. His college plans are just going down the toilet at this point. There are so many things you only get the chance to do when you're a kid, he's given up on all of them.

 

[TinkerBelleLuvr]

There are times that you can't save a child from their actions - logical consequences.

 

[GrandmaOH]

There are times that you can't save a child from their actions - logical consequences.

That's what our lawyer and 2 counselors have said. But we're committed to doing what we can for him until he is 18, or CPS places him elsewhere permanently.


I read several free legal advice forums and I want to puke when I read the responses that say a 14 year old does not get to say he doesn't want to visit or talk guardians, they don't get by with saying, "I'm not going to the counselor", etc. Because this 14 yr old has a GAL that gave him the power to curse me, and get by with it; try to extort money, and got what he threatened when I refused to give him money; GAL took away every shred of authority I had over 14 yr old by granting 14 yr olds desire.

We spoke with his new caseworker last night, with the GAL there. Caseworker backpedaled on what she had been saying to us on the phone. It's been 10 weeks since the court hearing that gave CPS custody. They were supposed to write up a new caseplan that included our son. They have not. They have not arranged visits for any of our family and the caseplan still says 'reunification with (our) family'. It's been 6 weeks since GS's psych eval was released with the recommendation he see a psychiatrist to re-evaluate his meds in light of their evaluation. Neither the GAL or caseworker knew if he's been taken to a psychiatrist. The GAL continues to get in the way of the family counseling which is part of the caseplan for reunification.

GAL backpedaled on the need for GS to have more intensive mental health care. In December, during GS's 3rd hospitalization in a month, during which I had no contact with GS, GAL convinced me GS needed something more than 5-7 day admittances. Instead, CPS put him in a group home. Now GAL says "the doctor didn't think he needed an in-patient treatment plan".

 

[Ohiogal]

That's what our lawyer and 2 counselors have said. But we're committed to doing what we can for him until he is 18, or CPS places him elsewhere permanently.


I read several free legal advice forums and I want to puke when I read the responses that say a 14 year old does not get to say he doesn't want to visit or talk guardians, they don't get by with saying, "I'm not going to the counselor", etc. Because this 14 yr old has a GAL that gave him the power to curse me, and get by with it; try to extort money, and got what he threatened when I refused to give him money; GAL took away every shred of authority I had over 14 yr old by granting 14 yr olds desire.

We spoke with his new caseworker last night, with the GAL there. Caseworker backpedaled on what she had been saying to us on the phone. It's been 10 weeks since the court hearing that gave CPS custody. They were supposed to write up a new caseplan that included our son. They have not. They have not arranged visits for any of our family and the caseplan still says 'reunification with (our) family'. It's been 6 weeks since GS's psych eval was released with the recommendation he see a psychiatrist to re-evaluate his meds in light of their evaluation. Neither the GAL or caseworker knew if he's been taken to a psychiatrist. The GAL continues to get in the way of the family counseling which is part of the caseplan for reunification.

GAL backpedaled on the need for GS to have more intensive mental health care. In December, during GS's 3rd hospitalization in a month, during which I had no contact with GS, GAL convinced me GS needed something more than 5-7 day admittances. Instead, CPS put him in a group home. Now GAL says "the doctor didn't think he needed an in-patient treatment plan".

Administrative code requires BOTH PARENTS to be put on the caseplan as well as other things (caselaw and what not).

 

[GrandmaOH]

Administrative code requires BOTH PARENTS to be put on the caseplan as well as other things (caselaw and what not).

Thank you, I will be sure that is added.

What happens if CPS doesn't abide by the Administrative code? I know deadlines for court hearings were not met. Is it code or just a guideline for quarterly reviews? I read on one of the Ohio CPS sites, can't recall where right now, that the parents/guardians were supposed to be involved in decisions while the child was in CPS care, for example, attend school functions & performances, attend doctor app'ts, etc; we've never been informed of any of these things.

And who is responsible for selecting a doctor for the child in foster care? The GAL & caseworker didn't even know if he had seen a psychiatrist for a med review in light of the psych eval! I did speak with the great-uncle who has placement about 4 weeks ago and asked him about the counselor's qualification & licensing. He didn't know but he knew "she had a lot of letters after her name"! The previous caseworker had given him a list of counselors that took medicaid and he picked the closest one. Of course, he didn't know our GS so he wouldn't have known any particular items to look for in a counselor.
After all this, I'm not surprised that children die at a higher percentage in foster care than in the general population.

 

[GrandmaOH]

We had contact with GS this weekend. Great aunt/uncle had gotten him a new cell phone nbr and not given us the contact #. They have taken all electronic methods of communication away from him except the cell & his Kindle Fire. GS figured out how to get free apps for his Kindle, I know what he downloads because he used an email account he had set up for his tablet lat year, I had the login info so I know what he downloaded. Last week he downloaded an app for Twitter on Kindle. Then he set up a Twitter account using an email account I'd set up for him years ago to communicate with his dad while his dad was in the military.
So, I followed his Twitter account and found he publicised his new phone # on Twitter, asking for people to text him because he was bored. He's also following about a half dozen porn sites, very explicit ones based on their Twitter profile picture.

I talked to our lawyer this morning. She will try to get GS's counselors name so I can talk to her. She's also looking into petitioning the court on our behalf to have GS sent to a mental health residential treatment. The people he is with now do not have a clue what is going on with him, & his counselor has no clue because she's only heard what GS has relayed. Some things GS has said about me come down to a 'he said/she said' situation, other things I can easily show he made up stories. And some things that indicate a serious problem can be corroborated by a third parties, who were the intended people in a couple incidents.

Oh, our lawyer said one obstacle to getting him to a treatment center is his lack of a psychiatrist. Since CPS moved him so much he only saw a staff psychiatrist at the hospitals. He's not seen a psychiatrist at all since his new placement 3 months ago, they just refill his script renewed by a family doctor. I find this appalling since the psych eval released about 7 weeks ago said he needed to get to a psychiatrist for a review of his meds in light of the results of that psych eval.

 

[GrandmaOH]

There is a restraining order regarding speaking to his current doctors? If not, why haven't you been allowed? Who has NOT allowed you? If CSB, have your attorney file for an order in court allowing you to speak to his doctors.

We've been trying to 'play nice', I'm done with that. Caseworker said she'd ask her supervisor about speaking to his counselor, she's been saying that for a month. I called the supervisor and left messages, she never called back. I called the director this morning. She said she has to ask the Assistant Prosecutor if I can talk to GS's counselor, even though their caseplan says they have to provide family counseling!!! Of course, she said the AP is not in today, she'll see her sometime next week but then she'll have to research it to see if I'm allowed. Do you have a 'curse jar' here because what I'm thinking now would get you more money than a 'pay per click' arrangement.

Our attorney had contacted the GAL Monday, she has not heard from him about me speaking to the counselor. Our attorney is out for the weekend, I'll ask her to file for an order in court to allow me to speak with the counselor.

I found out yesterday from the foster father that our GS does not have a psychiatrist. They weren't aware he needed a psychiatrist because their family doctor is renewing the prescriptions and said he can 'tweak' the psych meds. I spoke to the caseworker and the GAL last week and they had passed the buck on acting on the recommendation of the psych eval to have GS's meds changed due to their diagnosis. The caseworker thought the GAL was acting on it, the GAL said the counselor should have done something about a referral to a psych; who knows if the counselor even saw the psych eval. At least now they're looking for a psychiatrist. But the foster father said he's not going to drive very far, the areas he said he'd drive to are within a 20 mile radius and adolescent psychiatrists are few in that area. Compounding that problem is trying to find one that takes Medicaid.

Poor kid, the meds he's on, combined with genetics put him at about a 50% risk of developing Type II diabetes. I don't know the risk he's got of developing breasts, but with the way things are going that will be another issue we'll have to address.

 

[Silverplum]

We've been trying to 'play nice', I'm done with that. Caseworker said she'd ask her supervisor about speaking to his counselor, she's been saying that for a month. I called the supervisor and left messages, she never called back. I called the director this morning. She said she has to ask the Assistant Prosecutor if I can talk to GS's counselor, even though their caseplan says they have to provide family counseling!!! Of course, she said the AP is not in today, she'll see her sometime next week but then she'll have to research it to see if I'm allowed. Do you have a 'curse jar' here because what I'm thinking now would get you more money than a 'pay per click' arrangement.

Our attorney had contacted the GAL Monday, she has not heard from him about me speaking to the counselor. Our attorney is out for the weekend, I'll ask her to file for an order in court to allow me to speak with the counselor.

I found out yesterday from the foster father that our GS does not have a psychiatrist. They weren't aware he needed a psychiatrist because their family doctor is renewing the prescriptions and said he can 'tweak' the psych meds. I spoke to the caseworker and the GAL last week and they had passed the buck on acting on the recommendation of the psych eval to have GS's meds changed due to their diagnosis. The caseworker thought the GAL was acting on it, the GAL said the counselor should have done something about a referral to a psych; who knows if the counselor even saw the psych eval. At least now they're looking for a psychiatrist. But the foster father said he's not going to drive very far, the areas he said he'd drive to are within a 20 mile radius and adolescent psychiatrists are few in that area. Compounding that problem is trying to find one that takes Medicaid.

Poor kid, the meds he's on, combined with genetics put him at about a 50% risk of developing Type II diabetes. I don't know the risk he's got of developing boobs, but with the way things are going that will be another issue we'll have to address.

For the educated: "boobs" means "breasts."

 

[GrandmaOH]

For the educated: "boobs" means "breasts."

Freudian slip, I was thinking of the people I've had to deal with at CPS.

 

[GrandmaOH]

OhioGAL, does the GAL have to be at meetings between the caseworker and the family when going over the revised caseplan?

 

[stealth2]

For the educated: "boobs" means "breasts."

Actually - that is what it means for the UNeducated. The educated know it means a stupid person, fool or dunce. Or.... an uneducated person.