Re: not sure probation is being ethical

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On 4/24/08, J REED wrote:
> A 16 year old is charged with underage drinking. Youth is
> sentenced to one year probation, 10 days in jail, 30 day
> home ankle monitoring, and drug and alchol treatment. The
> courts would not allow us to choose the treatment center
> and we were court ordered to use a spacific facility.
> After the evaluation the treatment center recomended a 3
> month intensive out patient program.(Daily call-ins, 2 UAs
> a week and 6 hours of therapy. All to be paid for at our
> expence). The client has compleated everything without any
> violations. Now probation is saying its not good enough
> and she needs to complete 6 more months of treatment. They
> say we signed papers saying we knew and understood from
> the beginning it would be a 9 month program. We didnt and
> they cant produce them. They are saying they were never
> told that she was on a 3month program. I have e-mails to
> the contrary from the treatment facility. NOW THE
> QUESTION. Why does my kid have to pay for their mistakes
> by staying in a treatment program even the treatment
> facility agrees she doesnt need? Who do I file a grievence
> against and how do you hold probation and the courts
> accountable for their mistakes. Who regulates these
> agencies. They preach taking responcibility for your
> actions to these kids and teach that if your in power you
> dont have to.

I hope you get to read my response before it gets buried by
all the infantile posting that has recently flooded this
forum.

It is beneficial for law students to have a forum to discuss
legal issues and formulate opinions. I do have an opinion
on your problem and offer it in the spirit this site is
founded on. The following is not legal advice it is a
discussion of my opinion on the issue you have raised.

Probation officers (PO) have very broad discretion in
administering probation. If your daughter was sentenced to
treatment, it is probably up to the PO how long the
treatment will last. (up to the one year term of the
probation sentence)

Is this rehab program a mixed age program? It is very sad
when a young person is subjected to a program where older
offenders are also in the program. If this is the case, you
might consider hiring an attorney and fighting the forced
attendance in a mixed age program.

Unfortunately, even all juvenile programs may do more harm
than good. It is not uncommon for a one time offender who
is otherwise a good kid to become exposed to bad youthful
elements in these programs. A one time drinking offense may
lead to exposure to hard core kids who spread drug abuse
habits to more innocent kids in the program. As a young
female, the problem of unnecessary association with other
youthful offenders may result in sexual harassment or even
assault.

Rehab programs are a for profit industry. Colleges and
universities just keep turning out Psyc grads who need
jobs. You can be sure that if you don't fight this that it
will turn into a full year program and may even lead to post-
probation mental health treatment. It is not at all
uncommon for these rehab counselors to "recognize" some
undiagnosised mental illness and refer the subject (your
daughter) for psyc evaluation. Once a person is sent down
that road there is really no return or exit.

I am sorry to be so negative -- it is only my opinion.
Please seek qualified legal advice.