*A lawyer for a 17-year-old girl in upstate New York wants a Jefferson County court to declare her client destitute. The teen has lived in hospitals since August because she has no home to return to.
A destitute ruling would formally recognize the girl as a minor without housing or any means of support. It would also make her the county’s responsibility. The catch is that the Department of Social Services must bring that petition itself, and so far the agency has declined.
“I’m not saying that my client is blameless in all of this, but she’s not being afforded any protections that I can tell at this point,” said attorney Rebecca Simser, according to WWNY.
The girl, whose name has not been released, has been barred from her home since June. Her caregiver obtained a stay-away order against her over behavioral problems, and she has not been allowed to return. Eight placements in the Watertown area followed, split evenly between homes and facilities.
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The teen is also the accused party in a family offense petition, a case in which the court must protect the alleged victim. Simser called the case “a hard situation to be in for everyone.”
“I have a family offense petition involving a minor alleged perpetrator, and so we are trying to protect the victim, which is our job, but we also need to be doing what’s in the best interest of the child,” she explained.
For now, the teen is out of school. Because hospitals have already discharged her, she is ineligible for inpatient care, whether voluntary or involuntary.
“She’s definitely not getting one-on-one mental health treatment because she’s discharged and just sitting in an ER bed,” Simser said.
The attorney holds no grudge against the hospitals or facilities. Her frustration lies with a system she believes should serve both the alleged victim and her client.
“My hope is that if the system worked the way it was supposed to work, we could protect the victim, but we could also get services and help for my client,” Simser said.
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