You should DEFINITELY write a letter to her court appointed attorney indicating the dates and times that you have attempted to contact him/her and that s/he has failed, neglected and/or refused to return your calls. You may wish to ask him/her to call you immediately upon receipt of your correspondence as there has been a significant change in the status of your daughter's case.
Your daughter should also try to contact the attorney. If she has also tried but has been unsuccessful in reaching the attorney, you should include that fact in your letter to the attorney.
If the attorney has not been discharged from the case by the court, it is his/her responsibility to keep apprised of the case. If he has been discharged from the case by the court, then s/he has no responsibility to keep in touch with your daughter and/or you.
If you believe that the attorney has committed misconduct, you can file a grievance/complaint
against the attorney. Below please find a link to the West Virginia Office of Disciplinary Counsel. The link provides, among other things, how to file a complaint regarding an attorney's misconduct.http://www.wvodc.org/
Regarding your daughter's situation, your daughter should request to be brought before the judge. You may also wish to make that request. Honestly, it should be the lawyer asking, but if you get no response from him/her, then your daughter should ask to fill out a "Writ" to be brought before the court. If your daughter makes a request to be "writted out" to court in writing, then she must be brought before the court (usually) within 7-10 days.
Once she is brought before the court, you may be able to speak to the judge on the record, regarding all of the things that you have done to make sure that your daughter gets the help that she needs. You can indicate to the judge the problems that you have run into trying to get your daughter into an inpatient program. You can tell the judge that having your daughter sit in jail isn't doing anything to rehabilitate her and get her the help that she needs. You can tell the judge, and have proof, of the things that you have done to ensure that your daughter gets proper outpatient treatment. You can even indicate that when a bed becomes available, your daughter will go inpatient. You can even suggest that your daughter be put on a tether instead of staying in jail.
I am suggesting these things because I am under the impression that your daughter is a juvenile
. If she is an adult, then she, alone, must request all of the things above. You can still indicate that your daughter will live in your home and that you have no problem with her being on a tether.
I hope you find this information useful.
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