Staten Island, NY Criminal Court & Family Court. I am involved with a dilemma regarding my 17-1/2 yr old son. In criminal court I am being charged with Assault 3 for pushing my son down a flight of stairs which I am not guilty of as well as being a plaintiff for the D.A for my childrens father I am a victim of domestic violence and he is charged for breaking an order of protection etc and in Family court I am being charged along with his father from ACS of neglegence of both my 12 yr old daughter and 17 yr old son. My daughter has been paroled back into my care from family court and ACS is now listing on the 30 day permancy hearing to return my son back into my custody. Both courts i am being defended by probono attorneys. The family court attorney is doing great and the criminal attorney isnt defending me properly as she isnt asking for all of my extensive mental health papers as well as legal documentation I have on my son and the case in family court nor does she return my phonecalls.
What can I do as the DA wants to send me to jail for 30 days and I never commited any crimes? I never put in a plea for guilty nor innocent in Criminal Court what does a plea bargan mean if i didnt as far as I know give any plea that i was either? I never had any run ins with the law as well as I am currently employed for a legnthly period of time as i have many people that can stand up for me on my behalf? Is my case not being explained right or am I not doing the right thing on my representation? I have copies of everything regarding my son's mental health status. The police nor ACS never contacted any witnesses that heard everything that happened on the night that the assault was committed. Can they proceed like that when these witnesses can clear me for harming my son? Do I have a case as well as filing for malpractice on the mental health agency, ACS etc as well? Please any feedback as I am very scared and feel I am not being heard right?
My situation is not an easy one, ever since he was very young I have been his only advocate to get help for various of services pertaining early intervention as well as IEPS opened and supported by everyone but the Committee of Special Ed various times with no services provided throughout his life till 7th grade (2004/2005 school year). And I have most of the IEP'S and letters of referral by various drs to prove that happened.
At the time I didn't know what was wrong, but knew something was wrong with what was going on and knew the school system has failed him but couldn't do a damm thing about it cause at that time programs for advocacy for special ed/ mental health disorders in NYC wasn't as widely used resource as it is now. He has been in a regular ed class failing every year till he reached 7th grade and that's when it reaches what happened in 2005.
He is diagnosed as ADHD/combined type anxiety disorder since he was 4 as well as learning disabled since he was 13. Recently in January 2008 he was diagnosed as bipolar. I have had him involved with psychiatrists and therapists on and off till 2004 as they saw fit and non stop since 2005 since he attempted suicide at the age of 13. He has been hospitalized twice for the issues from the mood disorder, with his recent hospitalization in January 2008 when he was diagnosed with type 1 bipolar disorder. He has never had any mental health staff stay more then a year in his treatment with this agency Staten Island Mental Health that until recently I thought they have been doing right by my son. We have been with them since 1995 on and off but steady since 2003 through there various programs and sites.
Well since we got the therapist Matt W. and psychiatrist Dr. S, it has been a down hill spiral since the beginning of the 2008 year. As of sometime in November 2008 I was told that Dr. Smith no longer works at SIMH.
Starting in January 2008 with my son for no reason going off the deep end and he pulled out 2 butcher knives on myself and his dad that resulted into the cops called and my son going to the psychiatric ER and then further by his therapist to go to Four Winds Hospital in Westchester NY to be evaluated and to be diagnosed.
Came home after 31/2 weeks in February 2008 and psychiatrist Dr. O at SIMH that was good with bipolar was starting to regulate his med's and to stabilize him further. She left to go into her own practice with no forwarding notice where she was moving or options given to follow her.
So Dr. S took over in April. (BTW She never sent him to get his blood work checked for his lithium levels the whole time from April she took over till November 2008!) Blood work was done by Children's aid society in November 08 post placement to foster care as a toxicology screening report.
Well she lowered my sons med's by half by August 08.
All of the following was reported by me to all that had anything to do with my son's care including Matt W and Dr. S at SIMH, Agents of ACS and Children's Aid Society that are responsible of my son's care as well to oversee.
By September 2008, my son was showing signs of his behavior and mood changes getting worse and he was becoming physical. He made allegations against his father which opened an ACS case against us on 9/9/08.
By October 2008, he was so bad out of nowhere he flipped out on me and he beat me up which resulted in his arrest and stayed overnight in jail which BTW I wanted the police to bring him to psychiatric ER but they didn't.
By November 04,2008 over a dispute with between his father and myself while i have an active full stay away order of protection from family court expiring on Oct 2010 that turned in to domestic violence, my son didn't like the outcome. My son made allegations against me and said I threw him down the stairs and got me arrested. That resulted in ACS to take him and his 12 yr old sister away and placed into foster via kinship. my 12 yr old daughter is currently paroled into my care on November 12,2008. Well now currently my son is in foster care, while we are going through family court next court date is 02/24/09 , Two agency's are overseeing his care while he is placed in kinship foster care. Good right. wrong he's placed with the one family member on his dads side that is a current drug addict that smokes crack that refuses to take a drug test as well..
Since placed into foster 11/05/08 he has stopped taking his med's for his bipolar all together. Was taking lithium and abilify. doesn't go to his Dr appointments and is now a threat to neighborhood kids by fighting with them and getting hurt and hurting others in the process.
He has poor impulse control and critical judgement. His poor understanding of situations heightens the probability of his misjudging situations and failing to respond appropriately or to his own best interest.
Well after 3 other ACS meetings in the past with nothing done on the agency's part or referring to all agreements, recommendations made or tasks to be completed by the agency responsible nor various concerns made about the welfare of my sons mental health status since ACS has been in my life since 9/9/08 has not been completed.
I have attended (2) ACS 72-Hour child Safety conferences on 9/9/08 and 10/17/08. As well as I attended ACS 72-Hour child safety Conference - post placement on 11/17/08. I as well attended the 30 Day permanency conference hearing on 12/19/08.
They announced and discussed at the 30 Day permanency conference hearing on 12/19/08 that:
1) ACS and Children's aid Society admitted to that my son was placed in the wrong level of care and they made a mistake. wrote it on the plan as: "Agency will explore appropriateness of current placement" regarding placement in kinship paternal aunts care.
2) Permanency plan went to removing him from my care to returning him to my care. Without any additional level of support given means to me the very same problems can happen over and over and ACS can come and remove my children again.
3) Being that he is 17 and 7 months old there isn't anything they can do for him and once he turns 18 he could do whatever he wants and he is no longer the two agency's problem cause they only oversee to 18. Meaning ACS and Children's Aid Society.
4)Put him a therapeutic foster care home in Manhattan till he turns 21. suggestion given by ACS and children's Aid society
5) Attitude and actual statements given throughout meeting was "There is nothing we can do for him cause he can choose not to do it so why bother!"
Not one person had any answers for me when I said "so he will be a burden on society if he doesn't have a good support group in place like a good therapist and psychiatrist like we all know can make or break a patient in any care especially in a mental health mood disorder issue. A big problem to a teenager that hasn't been equipped with the necessary tools to survive and transition to adult life and help him manage his issues with bipolar". Regardless of the fact there may not be public agencies to help but maybe there might be private help out there through his insurance. You would think maybe that this can be something you can help with to look into further. NO REPLY GIVEN by anyone other once he's 18 he could do whatever! Nice answer by Children's Aid Society.
What can I do as the DA wants to send me to jail for 30 days and I never commited any crimes? I never put in a plea for guilty nor innocent in Criminal Court what does a plea bargan mean if i didnt as far as I know give any plea that i was either? I never had any run ins with the law as well as I am currently employed for a legnthly period of time as i have many people that can stand up for me on my behalf? Is my case not being explained right or am I not doing the right thing on my representation? I have copies of everything regarding my son's mental health status. The police nor ACS never contacted any witnesses that heard everything that happened on the night that the assault was committed. Can they proceed like that when these witnesses can clear me for harming my son? Do I have a case as well as filing for malpractice on the mental health agency, ACS etc as well? Please any feedback as I am very scared and feel I am not being heard right?
My situation is not an easy one, ever since he was very young I have been his only advocate to get help for various of services pertaining early intervention as well as IEPS opened and supported by everyone but the Committee of Special Ed various times with no services provided throughout his life till 7th grade (2004/2005 school year). And I have most of the IEP'S and letters of referral by various drs to prove that happened.
At the time I didn't know what was wrong, but knew something was wrong with what was going on and knew the school system has failed him but couldn't do a damm thing about it cause at that time programs for advocacy for special ed/ mental health disorders in NYC wasn't as widely used resource as it is now. He has been in a regular ed class failing every year till he reached 7th grade and that's when it reaches what happened in 2005.
He is diagnosed as ADHD/combined type anxiety disorder since he was 4 as well as learning disabled since he was 13. Recently in January 2008 he was diagnosed as bipolar. I have had him involved with psychiatrists and therapists on and off till 2004 as they saw fit and non stop since 2005 since he attempted suicide at the age of 13. He has been hospitalized twice for the issues from the mood disorder, with his recent hospitalization in January 2008 when he was diagnosed with type 1 bipolar disorder. He has never had any mental health staff stay more then a year in his treatment with this agency Staten Island Mental Health that until recently I thought they have been doing right by my son. We have been with them since 1995 on and off but steady since 2003 through there various programs and sites.
Well since we got the therapist Matt W. and psychiatrist Dr. S, it has been a down hill spiral since the beginning of the 2008 year. As of sometime in November 2008 I was told that Dr. Smith no longer works at SIMH.
Starting in January 2008 with my son for no reason going off the deep end and he pulled out 2 butcher knives on myself and his dad that resulted into the cops called and my son going to the psychiatric ER and then further by his therapist to go to Four Winds Hospital in Westchester NY to be evaluated and to be diagnosed.
Came home after 31/2 weeks in February 2008 and psychiatrist Dr. O at SIMH that was good with bipolar was starting to regulate his med's and to stabilize him further. She left to go into her own practice with no forwarding notice where she was moving or options given to follow her.
So Dr. S took over in April. (BTW She never sent him to get his blood work checked for his lithium levels the whole time from April she took over till November 2008!) Blood work was done by Children's aid society in November 08 post placement to foster care as a toxicology screening report.
Well she lowered my sons med's by half by August 08.
All of the following was reported by me to all that had anything to do with my son's care including Matt W and Dr. S at SIMH, Agents of ACS and Children's Aid Society that are responsible of my son's care as well to oversee.
By September 2008, my son was showing signs of his behavior and mood changes getting worse and he was becoming physical. He made allegations against his father which opened an ACS case against us on 9/9/08.
By October 2008, he was so bad out of nowhere he flipped out on me and he beat me up which resulted in his arrest and stayed overnight in jail which BTW I wanted the police to bring him to psychiatric ER but they didn't.
By November 04,2008 over a dispute with between his father and myself while i have an active full stay away order of protection from family court expiring on Oct 2010 that turned in to domestic violence, my son didn't like the outcome. My son made allegations against me and said I threw him down the stairs and got me arrested. That resulted in ACS to take him and his 12 yr old sister away and placed into foster via kinship. my 12 yr old daughter is currently paroled into my care on November 12,2008. Well now currently my son is in foster care, while we are going through family court next court date is 02/24/09 , Two agency's are overseeing his care while he is placed in kinship foster care. Good right. wrong he's placed with the one family member on his dads side that is a current drug addict that smokes crack that refuses to take a drug test as well..
Since placed into foster 11/05/08 he has stopped taking his med's for his bipolar all together. Was taking lithium and abilify. doesn't go to his Dr appointments and is now a threat to neighborhood kids by fighting with them and getting hurt and hurting others in the process.
He has poor impulse control and critical judgement. His poor understanding of situations heightens the probability of his misjudging situations and failing to respond appropriately or to his own best interest.
Well after 3 other ACS meetings in the past with nothing done on the agency's part or referring to all agreements, recommendations made or tasks to be completed by the agency responsible nor various concerns made about the welfare of my sons mental health status since ACS has been in my life since 9/9/08 has not been completed.
I have attended (2) ACS 72-Hour child Safety conferences on 9/9/08 and 10/17/08. As well as I attended ACS 72-Hour child safety Conference - post placement on 11/17/08. I as well attended the 30 Day permanency conference hearing on 12/19/08.
They announced and discussed at the 30 Day permanency conference hearing on 12/19/08 that:
1) ACS and Children's aid Society admitted to that my son was placed in the wrong level of care and they made a mistake. wrote it on the plan as: "Agency will explore appropriateness of current placement" regarding placement in kinship paternal aunts care.
2) Permanency plan went to removing him from my care to returning him to my care. Without any additional level of support given means to me the very same problems can happen over and over and ACS can come and remove my children again.
3) Being that he is 17 and 7 months old there isn't anything they can do for him and once he turns 18 he could do whatever he wants and he is no longer the two agency's problem cause they only oversee to 18. Meaning ACS and Children's Aid Society.
4)Put him a therapeutic foster care home in Manhattan till he turns 21. suggestion given by ACS and children's Aid society
5) Attitude and actual statements given throughout meeting was "There is nothing we can do for him cause he can choose not to do it so why bother!"
Not one person had any answers for me when I said "so he will be a burden on society if he doesn't have a good support group in place like a good therapist and psychiatrist like we all know can make or break a patient in any care especially in a mental health mood disorder issue. A big problem to a teenager that hasn't been equipped with the necessary tools to survive and transition to adult life and help him manage his issues with bipolar". Regardless of the fact there may not be public agencies to help but maybe there might be private help out there through his insurance. You would think maybe that this can be something you can help with to look into further. NO REPLY GIVEN by anyone other once he's 18 he could do whatever! Nice answer by Children's Aid Society.
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