What can I do for my 14 year old girl?

[greg758]

My wife and I had to bring my daughter into the emergency room the other morning because she and her friend had taken some cold meds to get high. She was not in any life threatening situation, but we have a zero tolerance for any drug use of this nature. If she does this kind of thing we bring her in to get her checked out. She has been receiving out patient therapy to stop this behavior.

At the ER the hospital mental health evaluator felt she should go in patent to get help. To prevent my daughter to checking herself out after 72 hours the hospital 302 her. We did not even know what that was at the time. Furthermore the staff never even asked her if she would be willing to go inpatient in a voluntary capacity.

I requested a copy of the 302 and was told I would receive it in 60 days. I called the petitioner, who agreed she never had the conversation with my daughter, and she said it was not relevant or required. According to petitioner there was evidence from my daughter's home based therapist that my daughter would try and check herself out after 72 hours. I do not believe the home base therapist had any bases for such a statement.

I cant see how this is legal. After reading the ACT 302 and its requirements, specifically that the patient should be given the opportunity to go voluntarily, I feel she was mistreated. She was coherent and more than willing to go in to a treatment center.

I am a gun owner and am concerned my daughter rights have been hurt. We cant easily afford a lawyer and are not sure what are options are. Can someone please give use some advice on how to proceed in fighting this?

[Gman106]

I am not a lawyer, which is really who you should be dealing with about this. Good luck with your daughter...teenage years are tough, but I believe once the trigger got pulled on the 302, she's "in the system" and eventually, if she wishes to purchase a firearm, it will come back to haunt her. There are more than a few stories on this board of this exact situation. The law needs to be changed about 302's for minors causing adults being prohibited later in life. Good luck.

[Delkal]

Not sure why they 302'd her. Can a 14 year old really check herself out of a hospital?

I know it might be hard for you but you need a lawyer ASAP to change this. It will not be easier later.

The early teen years can be stressful and you might even be having doubts she is stable enough to own a gun..........But she will be when she grows up

[greg758]

i appreciate your responses.

[unclejumbo]

I believe there is due process for a 302 so you'll need a lawyer ASAP. Now is the time to fight it as opposed to her having to do it later in life. Make her understand there can be lifelong consequences for stupid behavior as a kid.

[Carson]

I'll take some heat for this but, I am watching an unreal opioid epidemic play out in Philadelphia with all of its associated tragedies. While it was cold medicine and not pain killers, I think the concern should be that she makes it to adulthood and not whether she would be probibited as an adult.

I do wish you and your wife and daughter success in getting EVERYTHING straightened out.

[Emptymag]

Well, aside from the more serious issues she may be facing she has lost her gun rights. Done. Gone.
She may not posses guns (or ammunition), nor have access to them.

The only hope she has of recovering them is to determine that the 302 was not done by the book.
If there's a chance she had the option to voluntarily be admitted and was denied that option there is hope.
If they skipped some steps, or didn't document things properly - there is hope.
It may not be easy or affordable though.

Good luck.

[RenoV8]

Not sure what your circumstances are, but I would do three things immediately...Keep your daughter from hanging out with those she is getting high with...get her some help and hire a good lawyer.

If all else fails, try a little tough love. Worked for me.

[KCJones]

For the legal implications of a 302... Get a lawyer. IANAL.

For the issues you're facing with your daughter... http://www.carsonlong.org/

Seriously. I had to pull my son off the same slippery slope. This is not a time for half-measures.

My 2c...

[Still Trying]

Definitely want to reach out to a lawyer on this one. I recommend Michael McCormick

I think there may be a timeframe after the commitment that you or your daughter can argue it, but not sure how long that is or if it still exists.

From personal experience you do not want this on her record, took me 20 years to get rid of mine.

Good luck!