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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26873
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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How to legally discharge a minor from Desert Willow State Hospital

Resolved Question:

How to legally discharge a minor from Desert Willow State Hospital in Las Vegas Nevada early without CPS involvement? My child is in the hospital, long term resident, she is not happy (of course ) nor am I, she is dwindling physically and emotionally. She has had to have a EKG due to stress. They refuse to release her and will have her detained till CPS arrives. I agree she needs services for her mental health although I feel there is something that will fit our situation better ie outpatient services. Can you please advise me on how to legally discharge her earlywithout repercussions.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : One question - - is the child being held in the hospital per court order?
Customer:

No, I admitted her she was outta balance on her meds now is on track and is doing very well scoring at 96 points outta 100

Kirk Adams : Ok - - then how is CPS involved?
Customer:

Is there a legal loop hole? She is suffering due to what I consider mal-treatment ie piers and staff

Customer:

they are not involved unless I go forward and discharge her they said they are legally bound by law due to AMA ??? I will be charged with neglect...

Customer:

They will detain her till they "CPS" arrive... they said they have funding for her for 3 mos

Kirk Adams : Ok. I see. Just wanted to make sure what the situation is. They are claiming that if you were to remove the child, then you would be charged with neglecting the child.
Customer:

yes

Kirk Adams : If your daughter is there voluntarily, and not under a court order, then I don't see how they can legally keep you there - - honestly.
Kirk Adams : Also, if they were to contact CPS, they can't order that you remain there - - they'd have to get a court order from a judge claiming that you're neglecting the child.
Kirk Adams : However, your trouble is going to be getting outta there with them taking this stance that your child will be in danger. And if they call CPS, then it can get a court order FAST to stop you.
Customer:

is there a legal loop hole that will not harm my child emotionally due to CPS and the stress of them, she just wants to come home. She is very concerned bout me, I have had a stroke since her hosp stay 2.5 wks ago... now she is having chest prbs and the med Dr had n EKG done on her... problem again this was brought up in treatment team and they did not check her until I brought it to their attention... so many problems are left unsolved... patient (male) it co-ed stealing her underware and wearing them she is 12 and is really stressing out.. I feel powerless while they are threatening me... I have asked for her early release they will have her detained... I do not get this!

Customer:

she will not be in danger I have told them she will have treatment. I wanted her to go to a partial hosp program... they will not help saying she did not complete their program... but they say she is doing extreme well per the staff and therapist... do I really have to wait till they give their grace

Kirk Adams : If they refuse to let you go voluntarily, then you would either have to cooperate and let CPS do its assessment.
Kirk Adams : It may very well be that CPS doesn't believe the child would be in danger and would approve her to leave.
Kirk Adams : However, IF CPS were to advise against it, the ONLY thing you could do at that point is to file a petition in court to enjoin CPS and allow you to go.
Customer:

I wanted the local news to be part of this and my parent advocate advised I would only "piss" them off... I have created attention publicly....

Customer:

Nev state is ruthless

Customer:

so do you think / advise me to hang in there regardless? I do not want to bring any emotional scarring to her...

Customer:

looks like I must go to the courts prior, right and try and supersede CPS and maybe it would bring her, my daughter more stress, worried bout her geez 12 and chest pains!

Kirk Adams : If you want the less stress on her, then either hanging in there OR asking that CPS come do its assessment and hopefully they'll see fit to allow her to leave.
Customer:

that's a great idea... how do they CPS generally respond to approaching them bout minors here in NEV

Customer:

her point system may speak for itself, right

Kirk Adams : They want to do what is best for the child, but it is usually very good for the child not to be in a clinical setting all the time.
Kirk Adams : If she doesn't need to be there, or if she can receive proper treatment at home with outpatient care, then CPS can certainly recommend that.
Customer:

this is a child that I consider my daughter have legal cust of her she was abandoned at age almost 2 she has issues yes, but all will be okay with help. This state did not show me options for her throughout this entirety... Cust was in Wa state.. do not take $ from the state only ask for med program for her!!!!

Kirk Adams : USUALLY, if you cooperate with CPS and can show that you can care for the child at home and bring her in for treatment, then they should try to help honor your and her wishes.
Customer:

I care and believe you care also I really appreciative you... so there really is not a legal loop besides going thru CPS looking for a positive recommendation from them for her release... everyone advises to LEAVE CPS OUT OF THIS PERIOD, they are only as good as the individual has insight and humanity

Kirk Adams : Unfortunately,there's no way to get around CPS if the hospital requires this as part of the discharge process.
Customer:

Therefore ur expertise does not see any other solution?

Kirk Adams : But, you shouldn't assume that CPS is going to be against you - - that's not really a given.
Customer:

Are you in NEV

Kirk Adams : AND if CPS recommends that she stay, you can always proceed with filing for an injunction and try to get a court order permitting you to take her home.
Customer:

should I get an att to assist? can you recommend anyone in Las Vegas that is better than good?

Kirk Adams : If you can get an attorney to help you out, that would be good.
Kirk Adams : You can visit www.martindale.com to find an attorney in your area.
Kirk Adams : When you go to the site, click on "Find a Lawyer or Law Firm" and then put in your relevant information to find an attorney that is local.
Customer:

are you here in LV should I continue with rattling cages or will it bring possible grief... I have an att advocate that does not seem to advocate for her nor me!

Kirk Adams : I am not in Vegas, and we're not allowed to take on clients through this site.
Customer:

she is for people with disabilities (???) but of no assistance... so far no good! ypuve explainded more to me than they have

Kirk Adams : Well, I'm sorry for your experience thus far.
Kirk Adams : If you're not getting the help you need, maybe the best thing you can do is consult a local lawyer about pursuing a remedy IF CPS will not recommend her release.
Customer:

okay I will continue to advocate for her... every child is worth giving a 100% and beyond... I am 55 raised a family already... turned out to be an unexpected new family member... so be life...

Customer:

I will bravely contact them, CPS I am not a criminal... she wants to come home and wants and is willing to continue therapy... ur awesome.. was lookin for a loop hole maybe there just is not one...

Kirk Adams : Well, you have a good heart for taking this on. Hopefully, you can cooperate with CPS and get them to help you. If not, you could seek an attorney to assist with getting her out and back with you.
Kirk Adams : There's no real loophone.
Kirk Adams : The only thing you could do is get up and walk out, but if the hospital makes a huge deal about you leaving, calls CPS, etc., then that's going to look bad on you and will not get CPS on your side.
Customer:

do not want to as they said to me the hosp do not want them to take her away!!! they the system here is not so good, geez!!! I can only go with good conscience and heart forward...

Kirk Adams : Cooperating and trying to follow the rules is best - - and if they don't advocate for you, then you can get an attorney to pursue this with you.
Customer:

that's exactly what I think do not want to make a grave mistake that she will emotionally pay for!! we just gotta keep on keeping on for the sake of children... may you continue with ur wisdom for the sake of children & family's wishing you a blessing!!!

Kirk Adams : Thank you for the kind words! I wish you all the best with this.
Customer:

Uve been incredibly patient, I thank you so much!!!!

Kirk Adams : No problem! That's what I'm here for. THANK YOU for letting me help. IF you have any additional questions, please let me know.
Customer:

I certainly will... May GOD bless you and urs always...

Customer:

Bye... Thank you...

Kirk Adams : Thank you, XXXXX XXXXX Bless!! Also, please take time to positively rate our conversation so I'll get positive credit for assisting you.
Customer:

sure will :)

Kirk Adams : Thank You.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26873
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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