Can I Change Mental Health Offices While I am on Probation
My question involves criminal law for the state of: MICHIGAN
Hi
I'm on a 1 year probation for resisting arrest and I have bipolar, as part of my probation order I have to :
1. " take medication as prescribed by a licensed physician" and
2. "complete mental health and other recommended treatment following assessment by a qualified community-based service provider."
3. DUI classes
I been going to a independent governmental mental health office for the pass 6 months now. My counselor which provides individual therapy, ( we talk ) has be asking me questions I feel don't have nothing to do with mental health therapy, questions such as " did hack probation website and remove my picture" (they just didn't put one) brings up my social networking pages and asks me questions about my friends. Or asks to call and ask my probation officer because I refuse to tell him what classes I plan to go to for my court order DUI classes.
Rather than help improve my situation I feel its punishment, making me resent treatment and feel worst. I called my probation officer and explained whats be going on and that I was going to get treatment by a private Psychological Service and that I will sign a release of information.
My probation officer said I could not change where I go to get treated for my mental health disorder and that she would go before the judge if I changed mental health officers.
My question is, can my PO legally force me to get mental health treatment from a place that is doing more harm than good?
The court didn't say where at had to go for treatment only " Must complete mental health, and other recommended treatment following assessment by a qualified community-based service provider."
Can I sue the counselor and avoid having to go to treatment at that place?
What should I do?
Re: Can I Change Mental Health Offices While I am on Probation
He can do exactly what he said he would do: He can deny you permission to change mental health providers and, if you do so anyway, he can initiate probation violation proceedings. It would be up to the judge to determine if you in fact violated the order of probation.
If your assessment resulted in a recommendation that you use the specific provider to which you object, then your probation officer would have a strong argument that your choice to discontinue would be a failure to "complete mental health and other recommended treatment following assessment by a qualified community-based service provider". The detailed facts matter, so this is something you should discuss in detail with your criminal defense lawyer.
Re: Can I Change Mental Health Offices While I am on Probation
Guess what, you are on probation. You don't get to chose the terms of it. If you do not like the counselor, ask your probation officer to incarcerate you.
Re: Can I Change Mental Health Offices While I am on Probation
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Disagreeable
Guess what, you are on probation. You don't get to chose the terms of it. If you do not like the counselor, ask your probation officer to incarcerate you.
What I stated had nothing to do with liking my counselor or not, rather behaviors by him. Sexual and other such comments that don't have anything to do with mental health treatment. What my counselor is doing is illegal.
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Mr. Knowitall
He can do exactly what he said he would do: He can deny you permission to change mental health providers and, if you do so anyway, he can initiate probation violation proceedings. It would be up to the judge to determine if you in fact violated the order of probation.
If your assessment resulted in a recommendation that you use the specific provider to which you object, then your probation officer would have a strong argument that your choice to discontinue would be a failure to "complete mental health and other recommended treatment following assessment by a qualified community-based service provider". The detailed facts matter, so this is something you should discuss in detail with your criminal defense lawyer.
The probation order I agreed to and which was given by the court only stated that I attend a "qualified community-based service provider" never in the order was it stated the provider to which I go now.
I try to have my counselor changed, but rather than change him they put him as my counselor and my case work.. So I don't have anyone to complain to.
Can the court order him specifically as my counselor even if they say I must go to that specific office?
My reasoning for changing providers is that my casework will not change my counselor at that office.
I asked permission from my probation officer to change, I explain some of the comments not the sexual ones... and she said I couldn't change him as my counselor.
I really don't want to sue, don't think I can win and know that me vs my counselor, court will most likely rule in favor of him....nor wish to deal with the stress.
As my last option ,if I sue my counselor for the comment and his behaviors while in treatment will I be violating my probation? If I ask for them to change to a different counselor will that be a violating the courts orders?
Thank you..
Re: Can I Change Mental Health Offices While I am on Probation
You do not seem to understand the umbrella under which mental health treatment falls. SIGH
Re: Can I Change Mental Health Offices While I am on Probation
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Disagreeable
You do not seem to understand the umbrella under which mental health treatment falls. SIGH
What does that mean?
Re: Can I Change Mental Health Offices While I am on Probation
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Jackie26
What does that mean?
A person's overall emotional and psychological condition. A state of emotional and psychological well-being in which an individual is able to use his or her cognitive and emotional capabilities, function in society, and meet the ordinary demands of everyday life.
All the questions and places the doctor is delving into are relative to this, whether you understand it or not.
Re: Can I Change Mental Health Offices While I am on Probation
If you feel that the counselor spoke inappropriately and chose not to mention those things, then doing so now may be seen as a last ditch effort to get your way. If you felt that his comments were not treatment related, you should have mentioned it when your initiated an inquiry about changing facilities. However, you chose this facility and as a PO, I'd refuse your request to change facilities due based on the fact that it will cause an issue with continuity of service.
Re: Can I Change Mental Health Offices While I am on Probation
I'm curious as to the nature of the sexual comments.
Because it's entirely feasible that the therapist was asking legal, pertinent questions in order to gain a complete picture.
Re: Can I Change Mental Health Offices While I am on Probation
If you believe that the counselor is behaving improperly by asking you certain questions and you are currently under the care of a physician for your bipolar problems make an appointment. Your physician has training in these matters. He may be able to resolve the propriety of the questions.
To complete your probation you must complete mental health treatment. Failing to answer your counselor's questions may delay this completion.