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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2642
Experience:  associate attorney
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My nephew hs autism and mild retardation, he also has been

Customer Question

My nephew hs autism and mild retardation, he also has been having behavioral issues, but in on of his outburst the law was called again and in there aggravated state the police department took it upon themselves to have him brought to a juvenile detention center. Instead of a hospital even to be evaluated. He has been hospitalized on a couple of occasions for this reason. Aren't there HIPPA laws that forbid this
Submitted: 4 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 4 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

HIPAA laws would not be related to this issue. HIPAA only relates to protected health information and implications of its improper release. It is possible to charge a child with criminal charges that has mild retardation or autism if they break the law. It really will depend on the circumstances of the case. Mental illness and defenses related to "intent" can be something that is used with the court to get the child into a mental health facility instead of in juvenile detention. There is nothing specific that requires the police to take your nephew to a hospital instead. Most likely, there should be plenty of defenses to keep him from criminal charges if the behavior stemmed from the "mental illness" or retardation. I would recommend retaining a criminal attorney to be safe.

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