commitment through delinquency

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Commitment Commitment through through DelinquencyDelinquency

Pulling together two worlds…Pulling together two worlds…

There is a difference between There is a difference between commitment after being found incapable commitment after being found incapable of proceeding in delinquency and of proceeding in delinquency and placement in a mental health facility as placement in a mental health facility as part of a delinquency disposition.part of a delinquency disposition.

Distinction: Distinction: Capacity/DispositionCapacity/Disposition

What are “Levels” in Delinquency?What are “Levels” in Delinquency? What are “Levels” in Mental Health?What are “Levels” in Mental Health? What are “Levels” in the facility?What are “Levels” in the facility?

Mental Health levels Mental Health levels versus Delinquency versus Delinquency levelslevels

Become familiar with the Delinquency Become familiar with the Delinquency dispositional chartsdispositional charts

Delinquency Delinquency Dispositional Dispositional AlternativesAlternatives

Be careful about how things are worded Be careful about how things are worded in court orders.in court orders.

Specific Words in the Specific Words in the Order matterOrder matter

Is it really a violation of probation?Is it really a violation of probation?

Motions for ReviewMotions for Review

Do I have to finish treatment if my Do I have to finish treatment if my probation ends?probation ends?

Extending Probation Extending Probation for treatmentfor treatment

Commitment criteriaCommitment criteria Burden of ProofBurden of Proof ProceduresProcedures Recommendations for Continued Recommendations for Continued

CommitmentCommitment

122C: Commitment 122C: Commitment Review HearingsReview Hearings

Impact of probationary judgment on due Impact of probationary judgment on due process rights and how to handle in the process rights and how to handle in the commitment hearingcommitment hearing

Waiving Rights?Waiving Rights?

The Mental Health attorney may or may The Mental Health attorney may or may not have a copy of the delinquency order. not have a copy of the delinquency order. How do you get a copy?How do you get a copy?

Communication and Communication and DocumentationDocumentation

What happens when clinical What happens when clinical recommendations and court recommendations and court recommendations clash?recommendations clash?

Conflicts between the Conflicts between the two systemstwo systems

Valerie Pearce, 704-943-9468Valerie Pearce, 704-943-9468valerie@cfcrights.org

Colleen Mullan, 704-372-7961Colleen Mullan, 704-372-7961colleen@cfcrights.org

Other Other questions/issues???questions/issues???