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Maverick, Attorney
Category: Legal
Satisfied Customers: 6422
Experience:  20 years experience as a civil trial and appellate lawyer
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My grandson is 16. He is certified disabled by the social

Customer Question

My grandson is 16. He is certified disabled by the social security. He is a "runner" recently after 4 years of counseling meds etc. the psychologist and psychiatrists wrote recommendations for him to be admitted into a residential intensive treatment center. He is diagnosed with reactive attachment disorder, PTSD and Depression. He is in the juveniles justice system and had been in a 28 day treatment center a 60 day out patient treatment center, groups, school case managers and nothing works. We received these recommendations and was told to get a social worker which we did though Morrison County. The county refused to put him in any long term treatment program. We had Teen Challenge lined up and the county refused to help my grandson. In fact they wrote and stated they are closing his file after only 5 months and giving it to Northern Pines a mental health center. Well my grandson has run again and this time we do not know where he is at or if we will ever see him again. We told the county a number of times he was going to run, it did not matter, they continued with a plan that was not working. Then they took his mental health worker away and gave him an transition worker. If he was in treatment as recommended he would be safe. Is there a liability here? The county had a meeting without any family representation or the guardian and made this decision.
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
Expert:  Maverick replied 1 year ago.
Under MINN law a public official charged by law with duties calling for the exercise of judgment or discretion is immune from a tort claim for damages unless guilty of a willful or malicious wrong. Rico v. State, 472 N.W.2d 100 (Minn. 1991). So, there may in fact be liability here; but it depends on a jury taking all the facts into account and making a finding that what the government did was willful or malicious. Two different juries on the same case could feasibly come up with two different answers here. This is where hiring a good lawyer to prosecute your claim makes a huge difference.