Legal Question in Family Law in New York

Rights of a parent with a defiant minor

Our 16 year old daughter suffers from depression and is at a very defiant stage in her life.This leaves us in a very vulnerable, as well as helpless, situation.We have tried in-patient treatment but, unfortunately, they could not keep her for more then 9 days.She is, presently, seeing a psychiatrist and counselor.She continues to smoke pot (4-5 blunts a day), hang out with the wrong people and have promiscuous sex due to a lack of concern for her own life.Three days ago, she ran away once, recently.We were told that she needs to be in an extended in-patient program but the only options, right now, is for her to sign herself in (and out, if she chooses to).Ironically, her rights are preventing her from being in the one place that she can be ''protected'' and helped.Ironic, also, is the fact that her rights are protected but our�s, as her parents, are not.We are pursuing PINS but the interview was scheduled a month from now.How do we, as her parent, protect our rights to live without fear of losing our freedom (incarceration) or possessions against something that we have been unable to control?Any information regarding a �loophole� in the system that would allow a, forced, extended in-patient program would be appreciated, as well.


Asked on 8/09/03, 9:59 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Rights of a parent with a defiant minor

This is a very difficult situation. You must love your daughter very much to pursue these very hard choices.

You are looking for an involuntary commitment to a psychiatric facility. This requires a court order, which is easier to obtain that you may realize. We could go the civil route, or pursue the matter through a criminal court order relating to the marijuana (the marijuana is not a 'real' crime, not a misdemeanor or a felony, but can give the court jurisdiction over her to make the order).

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 8/09/03, 4:49 pm


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