• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Mental abuse allegation and Mental exam

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

CJane

Senior Member
That confused me, CJane. I called the police when he ran away. They filed a report and said they'd file incorrigibility given the fact that he'd ran away before and had been through the wilderness program.

As it is stated in the court papers, it is my case against my son.
That's what I thought. Because it's my understanding that incorrigibility can only be claimed by one of the parents.

So, basically, YOU have asked the court to declare your child incorrigible (which by the way doesn't usually happen just for two "counts" of running away. Usually it's a repeated and escalating pattern of behavior), and to help you deal with him through the state systems/services.

And then you refuse the help and recommendations of the state.

You can't see how that's a problem? Do you instead want to pick and choose the services that you accept?
 


PQN

Member
You can't see how that's a problem? Do you instead want to pick and choose the services that you accept?
I think it is more a matter of kaizen having done so much to help her son before it got to this point that this just feels like too much. Kaizen - do you have a tdoc that you would trust to do the evaluation. If so, call him/her and have the assessment done privately. Then, with the results in hand, you can choose to release them to the court or not. With a competent evaluator, you will likely get good results. (Yes, an incompetent or biased evaluator can cause a lot of problems which is why I recommened doing the evaluation with someone you trust.)
 

CJane

Senior Member
I think it is more a matter of kaizen having done so much to help her son before it got to this point that this just feels like too much.
Here's my problem with that.

Kaizen INVITED the state into her life. She ASKED for their help in dealing with her child. Part of that help is the state evaluating the child and the household in order to determine WHICH services are needed/available.

And NOW Kaizen has decided maybe that's not such a good idea after all.

But it's not so easy to get the state OUT of your life once you've invited them in. *shrug* I'm of the opinion that once you've admitted you can't deal with the child and you need state intervention, you shouldn't be so proud that you stonewall them.
 

Zigner

Senior Member, Non-Attorney
Back to the original question: Guesses as to what will happen if you refuse.

If you refuse the (very reasonable) request for evals, you stand a very good chance at losing custody of your child to the state.
 

CJane

Senior Member
Back to the original question: Guesses as to what will happen if you refuse.

If you refuse the (very reasonable) request for evals, you stand a very good chance at losing custody of your child to the state.
From my reading, I actually don't think that's terribly likely. It seems that the petition is filed by a parent against the child, the court then evaluates the situation/family (which is what Kaizen is trying to avoid), and determines what services might be necessary to bring the child back under control.

IF the services fail and the child continues to be out of control, the child is then placed on probation. If the probation is violated, the child can then be removed from the home and placed in a residential facility/foster care.

There was a post here not too long ago by a parent who had called the police repeatedly when her daughter was running away, court ordered the child to cease certain behaviors, child didn't, Mom complained to the police again and child was sent to detention facility and then foster care - and alla sudden Mom was freaked out that her baby was "in the system" after SHE initiated the actions.

This is like an echo of that one.
 

Zigner

Senior Member, Non-Attorney
From my reading, I actually don't think that's terribly likely. It seems that the petition is filed by a parent against the child, the court then evaluates the situation/family (which is what Kaizen is trying to avoid), and determines what services might be necessary to bring the child back under control.

IF the services fail and the child continues to be out of control, the child is then placed on probation. If the probation is violated, the child can then be removed from the home and placed in a residential facility/foster care.

There was a post here not too long ago by a parent who had called the police repeatedly when her daughter was running away, court ordered the child to cease certain behaviors, child didn't, Mom complained to the police again and child was sent to detention facility and then foster care - and alla sudden Mom was freaked out that her baby was "in the system" after SHE initiated the actions.

This is like an echo of that one.
Re-read from the beginning. The child (through his attorney) has made allegations of abuse. CPS has requested the psych evals.
 

CJane

Senior Member
Re-read from the beginning. The child (through his attorney) has made allegations of abuse. CPS has requested the psych evals.
Right, sorry. I was just going on the incorrigibility part, not the subsequent allegations.

I think, at the very least, Kaizen risks losing custody to the other parent.
 

Zigner

Senior Member, Non-Attorney
I think, at the very least, Kaizen risks losing custody to the other parent.
Agreed - and I should take my own advice. I had neglected to take the other parent in to account as a placement option...
 

rbw5147

Member
One more psych eval is not going to hurt your son... and if CPS is telling you that you should do it, don't be a jackass and no do it. Being stubborn because YOU don't think it's necessary, could and will very likely hurt you (and your son) in court and in the long run of the custody eval. DO WHAT CPS IS TELLING YOU TO DO. Really, is you being "right" (in your eyes anyway) more important??
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top