EMERGENCY INJUCTIVE??

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Re: EMERGENCY INJUCTIVE??

Postby Thoughts? » Sun Apr 15, 2012 6:22 pm

OK, we're sorta all over the place here.

Am trying to look at this from a neutral third party perspective (like the bench would).

She got a letter from a mental health professional, so the school has to accomodate the child with an IEP. The IEP sounds like the child is simply giving additional time for testing and perhaps a couple of other minor accomodations.

You don't have to take the child to the appointments she makes if you don't agree with the care. If you want to shore up your arguments, get another opin from another psychiatrist on your child.

Your ex is demanding you take the child to psych appointments on your time. You believe the child doesn't have any significant issues. You have some evidence of that.

Psychiatrists aren't required to give you all of their materials on their patient -- the child. They are however required to get your consent regarding further treatment. Your remedy there is to notify the doctor, in calm professional terms, that you disagree with the treatment, have received inssuficient information from them to believe otherwise, and you do not consent as a joint legal parent. If the doc takes it any further, you can go after them to ethics boards.

You haven't said anything yet about your ex taking any direct action that will harm the child -- as in psychotropic drugs or other meds. The above step will make the doc think twice or result in other remedies.

So -- again -- you don't have to take child to appointments, you should be able to shut down care, the IEP is pretty harmless, and unless I missed it saw nothing about treatments that are actually harmful.

What am I missing?
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Re: EMERGENCY INJUCTIVE??

Postby dcourtney2006 » Sun Apr 15, 2012 6:43 pm

Chereeda......

my point exactly. The school officials are following the wishes of the NJ like a little puppy dog. The NJ gets a letter from a psychiatrist stating all the before mentioned and the school just goes right along with it. I questioned this and the school officials state they have to go by what the psychiatrist letter states. And that same letter is all the school needs to qualify.
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Re: EMERGENCY INJUCTIVE??

Postby dcourtney2006 » Sun Apr 15, 2012 7:03 pm

THOUGHTS??......

1. Yes the NJ got a letter from the psychiatrist stating additional time during testing. yes minor accomodations.

2.I got a second psychiatrist opinion and he states the child is fine. Maybe continue with the social skills, which he gets twice a week at the school. And that teacher says he is doing great.

3. As far as the drugs, the NJ has started the son on Tenex...The very most minimum dosage of .5mg. It is to help with hyperactivity which is the only thing I might agree with that he does have. And that is at the minimum also. He is always calm and very gentlemen like when in my presence.

4. I am not a Doctor, but pretty much think the son is about as normal as any other child. The second psychiatrist I took him to stated the same. As far as Social Skills, the son is way above the other students in his grade level so basically has nothing in common with them. But he is really come around this year and associating with other class mates. Even the Social Skills teacher pointed that out.

5. The NJ now got the psychiatrists to write a referral to take son to a second Social skills appointment across town. Again on my parenting-time. This is on top of what he already sees at his own public schools. This is nuts.....I am sure Great Strides is a great place to help kids with social skills, but he is doing great at his own public school.
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Re: EMERGENCY INJUCTIVE??

Postby Trevor » Sun Apr 15, 2012 7:46 pm

So if you have your very own documentation that a licensed psych met your kid and assessed him and he's fine, and you have filed that document with the school, why is her psych rec trumping yours? Which is most recent? I would be in the principal's office tomorrow morning, or the school superintendant. Or both.

That is rubbish that they are screwing with the kid's graduation/diploma and future opportunities based on a letter that has been contradicted by a letter from an equally licensed professional. You need to hold their feet to the fire and escalate the matter now, before the school year gets any older.
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Re: EMERGENCY INJUCTIVE??

Postby dcourtney2006 » Sun Apr 15, 2012 7:55 pm

Trevor......

I am getting my copy of the second opinion psychiatrist I took the son to tomorrow. It is the most recent. The psychiatrist I took son to did the same questioning that the first psychiatrists did.

So why the two different opinions?? I will tell you why.

The NJ was present at the first and told the first psychiatrist a load of bull. Attending the second psychiatrist I only submitted the Nemours Children Hospital eval from 2006 (latest). It states "no definent diagnosis was found". Though they did find some hyperactivity.

And if the NJ wishes to continue to take son to the psychiatrist on her own parenting-time, nothing I can do about it...RIGHT? That is why I wanting to get the Emergency Injunction??
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Re: EMERGENCY INJUCTIVE??

Postby jumbledone » Sun Apr 15, 2012 9:07 pm

If it is joint legal, and there is no life-threatening issue, no, she cannot take him on her time, unless it is ordered by the court at the upcoming hearing. If you find she is, get the doc's name and call the office and tell them they do not have your consent.

Then file another barrage of contempt charges. You seem genuinely worried, and if true, you should be. But as Thoughts? is suggesting you do is be way more proactive in all of this. Stop wringing your hands and start to make those calls, get the documentation to the school. Fight harder for your son.
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Re: EMERGENCY INJUCTIVE??

Postby chereeda » Sun Apr 15, 2012 9:25 pm

The IEP doesn't prevent the child from getting a regular diploma, in fact, the point of the IEP is to ensure that the kid gets the opportunity and support he needs to get a regular diploma or come as close as possible. I don't know about elementary school, which is what you're dealing with, but high schools won't blithely say he can't have a normal diploma if he's performing on grade level. Their feet are held to the fire of graduation rates. In fact, since a diploma is a property right, you could sue if they with held one if the kid does everything everyone else does.

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Re: EMERGENCY INJUCTIVE??

Postby dcourtney2006 » Mon Apr 16, 2012 12:57 pm

Should I still get the Emergency Injunction since the NJ will continue taking son to all these doctors??
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Re: EMERGENCY INJUCTIVE??

Postby jumbledone » Mon Apr 16, 2012 2:16 pm

Yes, you need to get that under control with the court's help. Otherwise she has no reason compelling her to play nice. Some contempt, lawyers fees, possibility of jail time might make her think twice in the future.

Go into court with a gameplan that will deflate any of her assertions. Be willing to take child to shrink suggested by the court, or one that both of you can agree on. But hold the line on her unilaterally setting up appointments for your kid.
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Re: EMERGENCY INJUCTIVE??

Postby dcourtney2006 » Mon Apr 16, 2012 2:39 pm

The NJ is screaming at me big-time today. She never cancelled the psychiatrist appointment for today. Even though I informed her on 3-15-12 that I would not approve or consent to any future appoinments. I even asked the NJ to change it to Thursday which is her time. Today is my time. Since it is a cancelled appointment, there is a no-show fee and the insurance will not pay it. The NJ is filing contempt as we speak.

I think I have nothing to worry about.
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