[skyliner]

Hi all,
I've got a situation here and can use some help. Maybe a civil rights activist or an attorney's help:
My minor teen was discovered out of her dad's home in the middle of the night and was taken by police to the local hospital. She is very upset over her living situation and has said that if it doesn't change she will run away.
So now she's in a psych unit and for the first time ever the psychiatrist is locking horns with me regarding medication. Doc says my kid is severely depressed and medication is a necessary part of the treatment.
My position is that this child has been on a number of different meds and none of them have been able to change her living situation, and despite all the different antidpressants she keeps landing in the hospital; evidently the antidepressants are not helping, and what is needed is a change in living situation.
As of five months ago she's been blissfully drug free.
I have full legal custody so I get to make medical and other decisions for my child.
I have suggested to the psychiatrist, as I have previously suggested to others, to promise my child a different living situation, and I believe her depression will lift. In the past, when docs told her she would not have to return to this unhappy arrangement, my kid came out of her depression.
This time around she's in a different hospital and they're locking horns with me over this.
The psychiatrist said if my kid does not come out of this depression they will go above my objection and give my kid the meds.
Is there a civil rights activist out there who can advise me?

[barleysmile]

I'm so sorry this is happening. I wish I could help. Have you asked for a second opinion? Doctors always want to medicate! It's their first choice cure for everything. It's simply idiocy to ignore the environment of a patient. Doctors do make mistakes. Hopefully you can find her someone else, someone who won't ignore the facts and take the easy way out.

[Rhiannonsmoon]

Hello,

I'm a little confused here. May I ask please are you the father or the mother? If you are the mother and have full legal custody why is she with her father? And why can't you just take her home with you?

If she has been (blissfully) off medication for the last 5 months and yet living with her father the last 5 months then it is not situational depression so I don't quite get your argument.

Also doesn't a doctor have to try for a court order to force medication without the parents consent? I don't know where you live so I am only going off what I know to be true. But if your daughter has been sheduled then it is up to the doctor isn't it?

I don't think we have enough information to really help in any way. Good luck with this

[skyliner]

My daugher has been blissfully off the meds, meaning no mean side effects. She did not get any benefits from the drugs, but she did get the side effects. She is not able to remain in that house, she has been hospitalized six times in the last five months. She's terrified of him, and he's brainwashed her against me. It's a good thing I have legal custody.
I would take her home in a heartbeat, but she's too brainwashed.
I just want to know what kind of legal recourse I have to block the hospital from resorting to forced medication.
Thanks for your help.

[skyliner]

Can you point me to the law that states the doctor has to request a court order? This would be most useful to me.

[(JD)]

Go to the Hospital Director.

I can't search for anything specific without knowing what State you are in, as each state has slightly different guidelines.

Who signed the child into the hospital?
Did you sign any paperwork? If so, reread it to see if your and the patient's rights are listed. There should be a sign or poster or such readily available for patients to read about their "inpatient rights." Those are intended for those over 18, however, YOU do have those rights for your child (assuming you have legal custody of the teen.) Being hospitalized--in even in a psychiatric unit--does not remove any of your (or the patient's) rights. You also need to verify that her father did not sign the okay.

You can do an internet search for your state by asking the question, "Can a hospital psychiatrist medicate my child without my permission in the State of ____ " tweak the question to get the links that suit your needed answer.

But tell the hospital Director/Administrator immediately of your request.

[sunsetsunrise]

Hi Skyliner, if you are in the USA you might want to contact NAMI Often they have people who can refer family members to the correct resourcs. Although someone here may have good resources as well. I wish your daughter and you all that is needed for healing, and healthy "living situation"

[skyliner]

Thanks all! I got in touch with the Mental Hygiene Legal Services and they're taking the case. Most of these cases are decided in parent's favor. Keeping fingers crossed.

[billieJ]

NAMI and the hospital Superintendent/CEO/Director are good places to go. Court-ordered medications seem to be fairly easy for psychiatrists to obtain, through the in-hospital court system. Sometimes requesting to be present at your child's Staffing gives you an opportunity to present the facts to the treatment team. But if your daughter is over 17 or 18, she would have to sign a consent for you to receive any information from treatment team members. If she is not of age, it seems to me that you could sign your own consent to release information. In either case, nothing prevents you from calling the doctor [you will probably be routed to the social worker], to PROVIDE information. Ask your daughter if she would be willing to TRY living with you. Maybe your actual treatment of her can undue some of the father's "brainwashing." Showing up for the court hearing re meds, particularly if you have an attorney in tow, can be very helpful. The social worker should be able to tell you when that is scheduled. Best of Luck ~ billieJ

[skyliner]

I will take your advice on appearing at court at the hearing. The attorney at the Mental Hygiene Legal Services says they win almost all cases.

[Rhiannonsmoon]

I would take her home in a heartbeat, but she's too brainwashed.

What does this mean skyliner?

[Princess_Obsidian]

Greetings,

Perhaps a local mental health resource center could point you in the right direction. I am sure there are quite a few mentally ill people who are looking for someone to represent their rights.

Best of luck to you.

Have a good one.

[Perna]

http://www.mhanys.org/publications/f...compliants.htm

[amandalouise]

Originally Posted by skyliner

Hi all,
I've got a situation here and can use some help. Maybe a civil rights activist or an attorney's help:
My minor teen was discovered out of her dad's home in the middle of the night and was taken by police to the local hospital. She is very upset over her living situation and has said that if it doesn't change she will run away.
So now she's in a psych unit and for the first time ever the psychiatrist is locking horns with me regarding medication. Doc says my kid is severely depressed and medication is a necessary part of the treatment.
My position is that this child has been on a number of different meds and none of them have been able to change her living situation, and despite all the different antidpressants she keeps landing in the hospital; evidently the antidepressants are not helping, and what is needed is a change in living situation.
As of five months ago she's been blissfully drug free.
I have full legal custody so I get to make medical and other decisions for my child.
I have suggested to the psychiatrist, as I have previously suggested to others, to promise my child a different living situation, and I believe her depression will lift. In the past, when docs told her she would not have to return to this unhappy arrangement, my kid came out of her depression.
This time around she's in a different hospital and they're locking horns with me over this.
The psychiatrist said if my kid does not come out of this depression they will go above my objection and give my kid the meds.
Is there a civil rights activist out there who can advise me?

not knowledgeable in the law where you are but here the parent that has legal custody sets what the childrens living situation is.example if I had total custody of a child I get to say where that child lives. who that child has contact with, and set visitation schedule or go to court and have the court establish visitation that best fits the childs needs. by going to court the minor child would also have what they call here a guardian ad lidem who speaks in court to what the child wants and needs are.

if you think your teen would benefit from a change of living situation then change it. as the custodial parent you have that right in the USA.

you can also as the full custodial parent go to court and change the visitation schedule if this is what is affecting your teen.