Social worker was hired to do drug and alcohol counseling for child to return to school. Social worker gave assessment, child lied, social worker concluded child didnt need drug and alcohol counseling and refused to do it. The social worker then decided child needed individual counseling and appointed herself to do this instead. When I tried to fire her, she went to the judge who issued an order saying she could do this counseling. Judge later recussed himself from this case due to self admitted errors. The Judge approved individual counseling, I did not. To me, this means the state ordered the counseling and should be responsible for paying for it.
Wow, lot's going on here. It's not clear from your post whether you are the parent or guardian of this minor. I will assume you are a legal guardian. Also, it is not clear what context your open case is in: a juvenile proceeding; an abuse or neglect case; criminal matter. This is important.
Either way, a court can and often does order counseling. If a minor or a parent cannot afford to pay for the counseling, then the county picks-up the tab. Usually, when ordering the counseling, the court order will specify whether the parent has to pay for the counseling.
You probably want to consider hiring an attorney at this point
The response to this post is not intended to provide specific legal advice or to create an attorney client relationship. Nor does our response to your post constitute solicitation for legal fees.
If the parents of the child are divorced, then payment of the expense would be governed by the provisions relating to support and payment of medical expenses for a minor child. If parents are together, it will be their responsibility for payment of the bill. There obviously was a problem at school which resulted in a court case over which a judge has the authority to order counseling. The fact that the judge recused himself/herself is irrelevant.
Neil M. Colman
Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
I understand your sentiment involving the cost for counseling, that is, if the Court ordered counseling for the minor and I didn't agree, then the State should be obligated to pay for the therapy sessions - however, this is not necessarily the end result. Even though the Court ordered the counseling, that is not an assumption of the costs/expenses by the State. Judges have restrictions upon the expenses that they can incur for the courthouse, county and state. You should contact a member of the judge's staff and inquire about the billing, otherwise you may find a bill in your mail box.
Once you find out the name and telephone number of the therapist, you should express you unwillingness or inability to pay before that professional accumulates a large bill. If the therapist knows that his/her efforts may not result in payment, they will inquire as to the responsible party before the costs begin to grow.
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