[onamission]

My kid has some issues for the past few years that have escaletated to legal trouble partially because we haven't found the right meds back then. Thank the lord we figured it out and he is a changed kid now.

The second time he got into trouble with the law I asked for DHS to get involved to help place him in a special school. We volunteered for DHS and a program that is called Family Pres.

The person from Family pres was always late and even did no shows. So I told them that we are not going to participate in this program no more nor did they offer a different person to continue.

Meanwhile he was put on probation. The PO threatened me with court if we don't continue with Family Pres. And I said good I wonna talk to the judge abou that. Nothing ever happened though he never took me the parent to court.

Now school is out and DHS send me a letter stating that the case is closed which also mean Family Pres is closed. I have found out that the same PO was using similar tactics with other parents. I already had called his supervisor but got never a call back.

On our last meeting the PO says that they have a similar program like Family pres that my son has to do in order to comply with was written on the court paper.

The order reads as followed:

Child is to cooperate with DHS and Family Pres. Keep in mind we volunteered for this to begin with. It doesn't say he has to be in it nor does it say he has to participate in any other similar program in case DHS closes the case.

Can the PO force us with out the judges consent to participate in another program? My son is in counseling and between high school activities, med appt. counseling appt. and my crazy work schedule (no family to help either) there is no way that we can fit this additional program (of course only if we legally have to) in our schedule. Could I contact the judge via phone I don't know what to do but I feel the PO is abusing his powers.

Please help

[JimGunther]

I was a probationer for 7 years in MD and I can guarantee you that a PO cannot force a probationer to do something that is not in the probation order. If you cannot get cooperation from the PO, write, do not call, the judge.

[onamission]

So Jim,

Are you saying that the PO cannot legally make my son participate in another program.

We have meeting on Monday so I guess it's a little late to write to the judge even though it crossed my mind.

Like I said before in my original post the order only says that my son has to cooperate with DHS/Family Pres. And since both of them out of the picture now do we have to be part of this new program?

I'm sorry Jim if I sound stupid but what you telling me is that if the order says DHS/Family pres it doesn't mean a new program, right?

I've just been tru so much with this whole situation and I'm so blessed that my son finally got the message. But I just wonna really understand even the simply message that you had wrote.

[JimGunther]

A probation officer cannot add conditions to a probation order, only a judge can do that. If there are problems with meeting the conditions of the probation order then the judge needs to be notified of the situation and asked what to do about it. The probation officer should do this, as some other program suggested by the PO may not satisfy the judge even though the PO thinks it is OK.

You said that the people from the program your son was ordered to attend were not cooperating with you, and that they closed the case. Since this is the program the order said to "cooperate with", there needs to be some direction from the judge as to what to do now. The PO should have a report from the program saying why they closed their case, and depending on what they say, it may look bad for your son.

In other words, you cannot go to the program that you were ordered to "cooperate with" unless they reopen their case. If the PO tells your son that he has to go to another program, you can advise him that the new program was not listed in the original order and how does he know that the judge will allow it? Ask him to write the judge for clarification, if not, then do it yourself.

There are a couple of complications to this case. The PO may consider the closure of the case by DHS as a violation of probtion. Secondly, some probation orders have the condition that you must obey "all lawful instructions" given by the PO. If that is the case, then failing to go to the program suggested by the PO would be a violation of probation. If that happens, either write the judge or go to the violation of probation hearing and explain what happened.

[onamission]

Jim,

I just was reading the order and it says as follows on top of everything else:

You may be supervised in specialized programs, as determined by the probation dept. with additional conditions imposed.

The only reason why DHS/Family Pres was written on the order is cause he was already in it. The court was aware that the services from DHS were going to be terminated at one point. Family Pres was paid by DHS. So DHS send me an official letter stating as of.. /.. /.. that the case will be closed.

[twinkiedooter]

In that case with the additional wording you stated that "you may be supervised in specialized programs, as determined by the probation dept....." means that essentially the probation dept can impose this new program and your son should comply with the new program. It does not matter to anyone that this is a hardship on you and your time for this to be completed by your son. You'll have to just fit this in with everything else in your schedule if you want your son to get free and clear of his probation.

[JimGunther]

Well that provision certainly does give a great deal of flexibilty to the PO and changes things quite abit. It allows them to impose their suggested program and I suspect that there will be little you can do but go along with it. If it imposes a hardship on your situation, notify the PO and if that doesn't work, you are always free to write the judge.