Do parents have rights?

[heratbrokenMom]

What is the name of your state? Kentucky
My 16 yr old child was questioned at school for selling drugs, the police were called and she was arrested, hand cuffed and taken away to Juvenile Detention. All without anyone calling me (her mother) first or offering her legal representation. I was not only not informed but, have not been able to get any information. The court appointed a Juvenile Defense attorney who will not speak with me. My daughter has admitted guilt to the authorities and it is basically an open and shut case. She is due to appear for Pre-Trial in two days ...... What I am trying to do is plead with the court to have my child released to my care until I can get her admitted into a specific treatment facility for troubled teens. A facility that she and I have been trying to get her into. My child is not so much a bad child as a troubled child. She has been diagnosed with Post Traumatic Stress Disorder and Oppositional Defiant Disorder from being abused by her father. What I do not understand is why no one is helping me help my child??? and why I as her legal guardian are not being informed or heard. I have no money to hire a private attorney and can't get a public defender because I have not been charged with a crime. What can I do to be heard? My daughters counselor and some other family friend want to be heard as well....help us please.....we only have until Thurs.

 

[stealth2]

So how long ago was your daughter abused and what have you been doing since then to get her help?

 

[CdwJava]

Her prior abuse will be of little consequence regarding the charges of selling drugs at school.

She is in a world of trouble.

- Carl

 

[LSCAP]

You say counselor, is that a county counselor? If so, that helps.

Either you or the counseler may be able to offer medical documents to HER public defender that may get the DA and Judge to reccomend the kid get the medical treatment that you've been trying to get. Any documents that show you have tried to get her the treatment helps.

I've seen that happen.

 

[heratbrokenMom]

counseling

Thank you for the encouragement ....I have had her in counseling since I got her back from her father (he took her from me and it took 2 yrs to get her back) Her counselor is helping as much as possible and will be at the hearing. I have tried to contact her public defense council....what I don't understand is why he will not talk to me....how is he supposed to help her if he won't even let me help?????? This has been the worst experience ....as a parent who is legally responsible for a child, you would think that we would have the right to speak in court or at least to have the right to assist the defense attorney.....I am getting letters from the school testifying that my other child is a well behaved, well adjusted young person and I have neighbors and friends who are willing to testify to my abilities as a parent in hopes that the judge will release my daughter to my care until I can get her enrolled into a treatment facility......any advice you have is welcome. Again, Thank you

 

[Bretagne]

The public defender is appointed to represent your daughter's best interests. This means that the PD is under no obligation to talk to you, to provide you with information, or to seek information from you.

The juvenile justice system is designed to act in the best interests of child defendants. Often, the parents of child defendants are seen as problematic, inappropriate influences. Your daughter's attorney as well as any social workers, probation officers, and state-appointed mental health workers will do their job as they determine is is your daughter's best interests. If they believe you are acting in a manner which doesn't positively affect your daughter, they'll never recommend that she be released to your care.

On the bright side, your daughter will get plenty of help through the juvenile justice system. Experienced professionals will make recommendations and provide chemical health/substance abuse treatement, mental health counselling, and they'll structure a sentence for her that isn't as much about punitive punishment as it is about helping her.

Of course, you'll probably disagree with all of the recommendations these strangers make about your daughter, particularly if it is recommended that she not live with you. The only right you have is to retain private counsel to represent your daughter. A private attorney will still be ethically bound to represent your daughter's best interests, but private attorneys generally are willing to explain and converse with the juvenile's parents.

However, a private attorney will be very expensive, and your daughter may choose to keep her public defender. There is nothing you can do about that. You can also hire a private attorney to represent yourself. You do have standing to appear in court, however, without private counsel the judge may not allow you to weigh in, and if he/she does allow you to participate, you may shoot yourself in the foot.

Private representation for yourself may be a good idea here, as you could be facing all sorts of criminal charges and by speaking in court or otherwise, you could be incriminating yourself without realizing it.