Mental abuse allegation and Mental exam

[kaizen]

What is the name of your state (only U.S. law)? Michigan

Don't know if this belongs here. 14 year old son in trouble for incorrigibility. Court date last month was put off till June 13, per his attorney's request. Referee rescheduled it until 6-13 "pending the CPS investigation". My son's attorney alleged abuse and filed an allegation with CPS for mental abuse.

I've met with the CPS investigator.

He will not have his report ready for Monday's court date. He said he has 30 days to complete it, and Monday is only day 27. He called today and wants me and my son to go for mental exams. He said I am not required by law to go, but he would hope for my cooperation. I do not want to go, nor do I want to subject my son to it (he is already heavily involved with therapy). Any guesses as to the likely repercussions if I refuse to go or take my son?

 

[Zigner]

Guesses?

Yep - you seem unwilling to participate in the evaluations that may be needed to help your child. Perhaps you are not the best placement choice for him...

 

[kaizen]

That is untrue. I have been through the gamut with my son....including a desert wilderness program.

I have subscribed and adopted almost every suggestion/parenting plan/home contract/medicinal intervention, etc. that professionals have suggested. I have read books, implemented changes, and advocated loudly and with determination.

I am completely plugged in and engaged.

This is just not something I want to do if it's not necessary. From a legal perspective, can I have feedback on that?

 

[kaizen]

Also, as you wrote about evals that might help my son, he is currently working with a therapist once weekly in his office and I have hired a behavioral care worker who comes to our home 2-3 times a week.

I'm all about helping my son

 

[OHRoadwarrior]

You are all about your son, when you can blame all the problems on him. Man up and get your own evaluation. You might get a new perspective on your relationship with him.

 

[kaizen]

Seriously...if I were blaming all the problems on him I would not be developing contracts, advocating and learning, reading books, implementing change, going out to the desert for deep introspective relational work, etc...

If I were blaming it all on him I'd just sit back and tell him to change.

Your assertion is laughable.

 

[Zigner]

You asked a bunch of random strangers for guesses. That's what you got from me. I'm not going to play the game of responding to you every time you add a little morsel to your story.

Talk to an attorney (one that represents YOU)

 

[LdiJ]

What is the name of your state (only U.S. law)? Michigan

Don't know if this belongs here. 14 year old son in trouble for incorrigibility. Court date last month was put off till June 13, per his attorney's request. Referee rescheduled it until 6-13 "pending the CPS investigation". My son's attorney alleged abuse and filed an allegation with CPS for mental abuse.

I've met with the CPS investigator.

He will not have his report ready for Monday's court date. He said he has 30 days to complete it, and Monday is only day 27. He called today and wants me and my son to go for mental exams. He said I am not required by law to go, but he would hope for my cooperation. I do not want to go, nor do I want to subject my son to it (he is already heavily involved with therapy). Any guesses as to the likely repercussions if I refuse to go or take my son?

It is very dangerous to refuse to cooperate with what CPS wants you to do, particularly when its something reasonable like psych evals. If you don't want your son to end up in foster care, then I recommend that you either jump through whatever hoops CPS wants you to jump through, or you hire an attorney that is very experienced in dealing with CPS and do whatever the attorney advises.

 

[Tex78704]

It is very dangerous to refuse to cooperate with what CPS wants you to do, particularly when its something reasonable like psych evals. If you don't want your son to end up in foster care, then I recommend that you either jump through whatever hoops CPS wants you to jump through, or you hire an attorney that is very experienced in dealing with CPS and do whatever the attorney advises.

It can be even more dangerous to allow oneself to be intimidated into capitulating to the whims of an often marginally educated caseworker without the advice of an attorney. And absent good cause, a psych eval is a highly intrusive (and costly) invasion of privacy, which is why the caseworker can only 'recommend' this.

And given the allegation of "mental abuse" originated from an attorney who is not likely qualified to make such a determination, and investigated by a caseworker ill equipped to make a legally supportable finding of mental abuse, the caseworker almost surely can do little if anything without being backed up by a psych eval.

If the report is due next week, and you are just now being asked to voluntarily submit to a psych eval, it would not be unreasonable to wait for the caseworkers report before making a decision. If the report is unfavorable, you should promptly take it to an attorney for advice on how to proceed.

 

[CJane]

What led to the incorrigibility charges/allegations?

How involved in your son's life were you PRIOR to those issues?

 

[kaizen]

What led to the incorrigibility charge was my son's running away. That was the proverbial last straw.

I have always been very involved.

My son splits no hairs in letting it be known he wants to live with his father. That is (I believe) his agenda for the mental abuse claim. *For the record, I will not agree to this.

 

[CJane]

So, even though you've been very involved and always ensured that your child's mental and emotional well being was foremost, and yet you're now facing these issues... and you don't think a psych eval would be helpful?

 

[kaizen]

I don't think the eval will be helpful. I'm aware of the issues (mine and my son's). They can't tell me anything I do not know and am not dealing with.

As Tex said, it's intrusive and an invasion of privacy. And a bit scary given that it is a standardized test and those little circles my son or I will color in and then be scored accordingly will not necessarily be an accurate depiction of who we really are...but someone will use that to draw conclusions nonetheless.

 

[CJane]

Who brought the cause of action against the child?

 

[kaizen]

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.