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Help through Kendras Law in NYC etc.

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marlnails

Junior Member
What is the name of your state (only U.S. law)? NY
I have a son with bipolar and he is currently removed from the house on an arrest and active OOP, got kicked out of shelter and living on the streets and is pending trial in criminal court. History includes he is violent no meds as he is old enough to refuse and the local criminal court system is hung up on requesting him to only go to a MICA program. I am the plaintiff in one of his criminal court cases as he has a couple since he has been removed since Sept 2010.

I learned in Staten Island, NY we have a mental health court. How do I approach the prosecutor to convince him that my son needs to be involuntary committed to a program whether its outpatient or inpatient?
He has a history of hospitalizations,attempted suicide, history of treatment with mental illness dates back since he is 4yrs old.

The longer he stays on the streets he will get worse. Currently he has been in countless fights, jumped by MS-13 gang members, arrested with weed and a gravity knife, that's all in the last week! I seem to be at a loss and I am on the sidelines watching his demise.

I had before he turned 18 with his therapist, the beginnings of becoming his proxy for medical and mental heath decisions. Unfortunately we had falsified charges brought upon us by CPS by my son when he was 17 that resulted him taken to foster care for 7 months to only be returned when he turned 18. Case was dismissed when he turned 18 and all former charges were dropped and we the family were left with no support services that I had in place since he was 4yrs old or intervention what so ever. When my son turned 18 he stopped all treatment he had in place.

Is there any loopholes in the system to cut through the countless redtape?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


stealth2

Under the Radar Member
I learned in Staten Island, NY we have a mental health court. How do I approach the prosecutor to convince him that my son needs to be involuntary committed to a program whether its outpatient or inpatient?
He has a history of hospitalizations,attempted suicide, history of treatment with mental illness dates back since he is 4yrs old.
I would simply go in and speak with him/her. If you have an attorney, ask him/her to go with you.

If he has several criminal court cases - why isn't he in jail awaiting trial? Was he released OOR? Or did someone post bail?
 

marlnails

Junior Member
He was released ROR as far as I know. No family members have heard from him nor bailed him out.
As far as lawyers I'm only represented by the prosecutor. Can I get a lawyer for myself even though I am the plaintiff?

I already mentioned it twice to two different prosecutors that interviewed me with them being very vague with there responses and two different interpretations on the very law and the process to go about it. They even told me that they cant force someone to go into treatment. I'm reading and hearing different, so whats true?

I talked to my sons lawyer as he has a public defense lawyer, he agrees that he needs help as my son lied to him as well.
This lawyer set him up in a shelter and other various programs for job placement etc for my son to get kicked out of the shelter and didn't complete the job training etc. The lawyer called me in this instance breaking his normal rule of not contacting the plaintiff since my son is not doing well and he learned of the transgressions through the paper and my phone call to alert him. Reading it in the paper sealed the deal to convince the lawyer I was telling the truth and I am not this crazy mom. lol Problem is that my son thinks he is going to refuse anything as a plea deal and I am told if he does the worst is he will be looking at 90 days in jail for my case not looking at the other cases.
The lawyer and the prosecutor seem not to know much about Kendra's law nor the mental health court system even though its held in the same courthouse. I learned of it through our local chapter of NAMI as its brand new legal court program for Staten Island.

I was thinking of since this made it into the newspaper and it went as far as listing his name, giving a unnamed statement about his mental health status and the fact he was homeless through a statement through the DA office.
I was thinking of giving my own statement on how the court system and the mental health laws aren't helping us. There has been a few recent mental health cases involving murder and other various crimes here in SI. I am looking for preventive care/ treatment for him. I don't want to be in the news because of a tragedy. Is this a path I should look into?
 
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stealth2

Under the Radar Member
Have you talked to someone at NAMI? Perhaps they have some ideas. I'm flying blind, to be honest, as I have no experience in this area at all. I would be cautious about going to the media at this point.

A lawyer... Ask at your NAMI chapter if they know anyone who deals with mental health issues and go and speak to them - they might have ideas for you.

Good luck.
 

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