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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117370
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can I get my disabled son out of a TJJD facility?

Customer Question

Can I get my disabled son out of a TJJD facility?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello Tara

This is Samuel and I will discuss this and provide you information in this regard.

Can you please tell me why he is in the facility?
And what is the extent of his disability?
How long has be been in the facility and how long is his detention supposed to last?

Customer: replied 1 year ago.
He is in the facility from a charge I filed against him taking my car. Unlawful Use of a Motor Vehicle. He was on probation I kept telling the court in this county into which we just had recently moved - that I would like to see him get more help. The County judge was a woman I went to High School with who didn't seem to like me, in fact she called CPS on me twice and the caseworker even told me what she was doing was wrong - had it been anyone else it would have been considered harassment. Anyhow, I don't believe they did everything before sending him there. He has been on disability since 2009 and he was awarded it fast - without an attorney for issues in school, which he is in special needs and between his Doctor. Even now his Psychiatrist that had seen him for his adolescent years agrees that he shouldn't be in there. Her and his counselor which also has a PhD both said he was not competent yet the judge sent him to some Psychiatrist who saw him once and said he was. So now my son has been there since July. I have repeatedly contacted Austin and filed grievances. He is currently on NO medication and didn't even receive his glasses for about 6 months. The judge's sentence was not definitive - 9 months minimum which is coming up or up to age of 19. My son is severely disabled - he has been dx with ADHD, Anxiety, PDD, Bipolar - I feel helpless because he surrounded by people who are showing him worse behaviors and he is not receiving proper mental health care. I would like to remove him - drop the charges, sign a waiver that I will be responsible for him until he is of age at 18 at least according to the law or whatever it takes. He is supposed to be out in April but they still have him on Stage 1, there are 5 stages but they say they can get out on 3 but he hasn't even made stage 2.
Customer: replied 1 year ago.
Expert:  Samuel II replied 1 year ago.

Hello Tara

Thank you for the follow up. However, I do not believe I can assist you with any information that will be useful for you in this matter. I am going to opt out and allow other professionals to review this matter. Please do not respond here until you are contacted by another.

Your deposit will remain on balance. Thank you for your patience.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to file a petition court for cruel and unusual punishment under the 8th Amendment to the US Constitution if your son is not getting the proper basic medical care and treatment that he requires for his condition. You need to get his attorney to seek his release under likely a petition for Habeas Corpus relief and you need to at least ask the court if they are not going to release him to transfer him to a proper care facility to get the medical/psychiatric care he needs for his condition. The court is the only way to get him what you are looking for.