bipolar

[Ketha87]

My niece is bipolar and received mental disability check.  She had a baby boy and was arrested when he was a week and five days old.  She was charged with assualt, felon with in possesion of a fire arm, fare evasion, tampering with railroad and probation violation for attempt aggravated assault. She gave me tempory custody while she is in jail.  Is there anyway I can get custody.  She is not able to care for herself and in the past will not stay on her medications and moves from place to place.

[ILoveMyDaughter85]

How did she give you temporary custody? Was it verbal or legal temporary custody or as it is referred to in some states as primary custody?
What you need is for the court to grant you temporary primary custody.

I disagree with caregiver222, the fact that your niece has a baby will not influence sentencing one way or another. Her being dx bipolar and/or being an addict needed rehab can have a positive affect on her sentencing...ie, suspended sentencing til successful completion of a rehab facility or stabilized on her meds via a relatively short stay at a hospital.

Regarding her child having a positive impact on sentencing, the court is more apt to take the position that she is unfit to be an unsupervised caregiver for her baby and if family does not step up then children's services will be involved and take the child and place it with a foster family. I believe it is much easier to get a child back if it is being cared for by a family member. If child services has a child and supervised visitation is required it will usually be done at a court house with the social worker documenting every action and reaction by the mother and the baby.

I am hoping that if the mother is released on probation or after a brief jail/hospital stay that you would be willing to have her live with you as well....to supervise her with her child to make sure the baby's needs are being met. I believe it is important that the mom and baby being able to bond and have that maternal relationship. I think it is great you are so willing to go to such lengths to help your niece. Bipolar people, especially mom's need a good strong support system.

The courts need to know that she is bipolar and that she needs help, not jail. I don't believe that her psychiatrist can legally give you any documentation (unless your niece signed a medical release given them permission to do so). However, the court can request documentation from the psychiatrist as well but it will take longer than getting it yourself.

If your niece does give permission for her psych doc to talk with you, he might have some suggestions such as a brief stay in a hospital to get your neice stablilized on her meds. <This in and of itself can deter/suspend a jail sentence completely...ie. hospitalization and probation instead of jail. However, I am certain that probation will continue for some time after she is released from rehab, hospital, or jail. And, that is a good thing to help make sure she stays on track.

I think the primary reason people don't take their meds is because they don't really make them feel better when they do take them so obviously they must not be the right meds for that individual. Finding the right meds is one of the most difficult processes and can take some time. But, don't fret, hospitals usually release them once they "seem" to be ok on the meds.

Are you sure that your niece is not self-medicating with scripts or street drugs? If she is then someone needs to request that she be released to a rehab facility and complete their program in lieu of jail. Some rehabs are dual facilities...ie dealing with addictions and mental illness.

My daughter is bipolar and has been using drugs again several years after completing a 9 month rehab program. She has never been on meds for her bipolar. She also has a 19 month old baby and is currently not able to care for him like she should. He is living with his father who is partly to blame for my daughter relapsing...apparently he thought she could be an occassional partier. I am scheduled to have surgery in a few days and as soon as I am able to lift (a week or 2 afterwards) I will be filing for primary custody of my grandchild. Currently, I am doing what I can to get my daughter into a rehab facility, even if that means getting the court involved so if and oh she will violate a court order and a warrant will be issued for her arrest. That is when I can go to the judge and make my plea that she be released into a rehab facility.
Moreover, chances are that the court will not find a rehab facility or hospital for her...you or her parents will have to do that. If she needs a hospital, her doctor can help facilitate her admission.

I applaud you for caring so much and not giving up on your niece! =)
As I say, I will never give up on my daughter until I am dead or to old to do anything to help her.

[caregiver222]

You ask a complex question, in a situation where there are many "missing pieces".

Right now, you are "off the radar screen", although you may come up at any time. Generally, childrens protective services (in my jurisdiction and many others) must resolve a complaint involving potential child endangerment within 24 hours.

Unfortunately, this often means jack-boots at your door and the child ending up in foster care until it can be "determined" if you are fit to raise him/her.

You need a VERY cautious approach to this problem, ideally by an independant attorney familiar with family court, and not a social worker.  Be advised your home will be inspected and any record of arrests (not convictions) by you and anyone in your household may be reviewed.

Read my lips. The social worker is not always your friend. Life if not like the show "Judging Amy".

I can read between the lines, and the charges may not all that serious. She sounds like John Dillinger. I suspect she is more of a broke space cadet. Probably holding a weapon for her boyfriend. A lot depends upon the jurisdiction. If you can, get her a competent attorney.

The probation agreement violation is probably the biggest problem. This puts her back to square one on the previous charge.

There is another issue.

Judges are human and if she is "absolutely necessary to take care of her child" it affects her sentencing favorably. If you jump in and prove and assert that everything will be hunky-dory with you in charge that takes away a card from her hand.

If possible, get her to sign a medical release authorizing you to consult with her psychiatrist. In addition meet with her and see if she is agreeable to whatever plan of action you decide to take.

You have a difficult problem, and my sympathies.

[ILADVOCATE]

That would be more of a legal issue than a health issue but there should be appropriate pro bono legal services such as the Legal Aid Society that might be able to help you with that.