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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102496
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I section 35 my daughter 3 weeks ago and is doing good I

Customer Question

I section 35 my daughter 3 weeks ago and is doing good I want her put in private program so I need to reverse the section how do I do this??
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times.

The Court signs off on Section 35 after a hearing, if it believes that

  1. There is a medical diagnosis of alcoholism or substance abuse, AND
  2. A likelihood of serious harm to the subject or others as a result of the substance abuse exists.

There is no mechanism in law to "cancel" "reverse" the Court's commitment even if the Judge agreed to the commitment. What you would have to do (or if the daughter is over 18, then she) is to file a Motion for Reconsideration or a straight appeal, and request that the Court reverse its position. However, that is unlikely once the Court has found probable cause to commit, even if you were the original party requesting it.

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