Could she be assigned for rehab and given probation for neglect, though her child was taken from her? 10 Answers as of February 18, 2013

A child found wondering the streets looking for her mother at 2 a.m. Her mother found high on drugs and charged with simple possession. Which case would take priority? Separate courts?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes she could be put in rehab by either court.
Answer Applies to: Michigan
Replied: 2/18/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
She should be charged with possession of the drugs in criminal court, and will be charged with child neglect in a child welfare court, and possible have custody taken from her by the Child Welfare Agsncy, until such time as she rehabilitates herself by submitting to recommended rehab and parenting programs as dictated by the agency.
Answer Applies to: Illinois
Replied: 2/8/2013
Gates' Law, PLLC | Thomas E. Gates
The two issues will be addressed by the two separate agencies. It is highly likely that the children will be taken away from her for neglect and endangerment. Depending on her criminal history, she may be able to enter into a drug treatment program.
Answer Applies to: Washington
Replied: 2/8/2013
Law Offices of Jonathan Mincis | Jonathan J. Mincis, Esq.,
They are two separate cases in terms of how they are handled. I do not know all the facts but obviously if she was found in possession of Illegal drugs she will be facing possession charges and other potential charges. The other matter is a DFYS matter because they obviously will take the daughter at the moment. She will need an attorney for the criminal charges and another attorney to represent her interests in the DYFS matter, so yes the cases will be handled separately and she will need a separate attorney for both.
Answer Applies to: New Jersey
Replied: 2/8/2013
Law office of Robert D. Scott | Robert Scott
Probation is generally not an option for neglect cases.
Answer Applies to: Maryland
Replied: 2/8/2013
    Randy M. Lish, Attorney at Law | Randy M. Lish
    What will happen is very fact-intensive, and an attorney would need to go over the police report in detail to give good advice.
    Answer Applies to: Utah
    Replied: 2/8/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Each case addressed separately. For her the criminal case is more important, because it could land her in jail. For the child, the DFACS case may be more important, because it determines where he/she will live.
    Answer Applies to: Georgia
    Replied: 2/8/2013
    Hamblin Law Office | Sally Hamblin
    Some jurisdictions have drug courts, family courts. Two separate crimes. Drugs and neglect. The neglect is serious due to the facts you stated. She could request rehab, but must be serious to change. Drugs are the factor, it appears, for both offenses. Help is needed. If she is not in jail, she can check herself in to rehab letting the court know.
    Answer Applies to: Michigan
    Replied: 2/8/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    The proceeding to remove the child from the home, and the proceeding that would give her rehab and probation would be separate courts and separate cases, since the simple possession charge is with the criminal courts and the removal of the child is in the family courts.
    Answer Applies to: New York
    Replied: 2/8/2013
    Connell-Savela | Jason Savela
    Separate courts Depending on record will get probation and some kind of rehab D&N ct will remove child and then work to slowly put them back together w supervision etc if mother wants it and works for it .
    Answer Applies to: Colorado
    Replied: 2/8/2013
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