Title: California Minor’s Counsel Says She Can “override Both Parents” And Stop My Child’s Therapist — Does She Actually Have That Authority?
Title: California minor’s counsel says she can “override both parents” and stop my child’s therapist — does she actually have that authority?
I’m a father involved in a California custody case and I’m trying to understand the limits of court-appointed minor’s counsel’s authority. I’m keeping names and identifying details out of this.
A new custody stipulation/order was recently entered. Under the current order, my child’s mother and I have joint legal custody and I have sole physical custody.
The same order says that we agreed with minor’s counsel to give our child a break from treatment services. It also states that reunification therapy had been successfully completed.
After the order was entered, my child began experiencing issues that concerned me. I took him to his primary-care physician. His PCP recommended/referred him to a licensed mental-health provider. I followed that recommendation and started taking him to the provider.
When minor’s counsel learned about the new therapist, she told me to stop the services and return my child to his previous therapist.
I explained that I wasn’t trying to disregard the court order or make the change for convenience. I had gone through his PCP because of what was currently happening with my child and was following the doctor’s recommendation. I gave minor’s counsel the new provider’s contact information and did not attempt to prevent her from speaking with the provider.
Minor’s counsel then wrote to me:
“I am telling you to stop services from that counselor. I will get a court order if necessary…”
She subsequently became even more direct and wrote:
“Either you stop services and transition him to his prior therapist or I will do it.”
She then stated:
“I have the authority as [the child’s] attorney to override both you and [the mother].”
She told me this was “nonnegotiable” and that if I didn’t confirm I was returning my child to the previous therapist, she would “take over.”
I continued explaining that I was following my child’s PCP’s recommendation and was willing to let everyone communicate with the new provider.
Minor’s counsel then sent another email saying she would contact the PCP and new therapist to “cease further services.”
But in that same email she also said she intended to file an ex parte request asking the judge to modify our existing order and remove my authority to make decisions concerning my child’s mental and emotional health without minor’s counsel’s consent.
That’s where I’m confused.
I understand that California minor’s counsel has significant authority to represent a child, obtain records, communicate with providers, assert the child’s privilege, investigate issues, make recommendations, file motions, and ask the court for orders.
I’m not trying to prevent minor’s counsel from talking to the PCP or therapist or obtaining information she’s legally entitled to receive.
My question is much narrower:
Does court-appointed minor’s counsel in California actually have independent authority to override both parents and order a licensed therapist to terminate treatment without first obtaining an order from the judge?
It seems contradictory to me to say, on one hand, “I already have authority to override you,” while, on the other hand, saying she is going to ask the judge to modify the existing order to give her consent authority over these decisions.
I also recognize the issue isn’t completely one-sided because the recent order says our child was supposed to receive a break from treatment services. My position is that circumstances changed afterward, I sought medical care from his PCP, and the PCP recommended the new mental-health provider. I wasn’t independently trying to restart the previous reunification process.
Minor’s counsel has now threatened an ex parte proceeding that could potentially remove my ability to make mental-health decisions for my child.
I’m trying to get an attorney involved immediately, but I’m self-represented at the moment.
For California family-law attorneys or people who have dealt with minor’s counsel:
1. Can minor’s counsel actually terminate a child’s existing mental-health treatment on her own?
2. Does controlling the child’s psychotherapist-patient privilege also give minor’s counsel the authority to select or fire the child’s therapist?
3. Would the attorney normally need to file a motion/ex parte request and have the judge make that decision?
4. If an ex parte request is filed, is the fact that I was following a PCP referral/recommendation important evidence in opposing removal of my decision-making authority?
5. Is this something I should raise with the judge first, or does the assertion that minor’s counsel can personally “override both parents” raise a separate professional-conduct issue?
I’m not looking for anyone to tell me how my custody case should ultimately be decided. I’m trying to understand where the legal authority of minor’s counsel ends and the authority of the judge begins.
Location: California
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