Third Party Guardian
By Masterinc
Jackie Short was just 19. She was a bright, energetic, fresh-faced sophomore in
college. Her whole life was ahead of her. There was just one problem; she was
in jail! She had been arrested for murder.
What really happened was that she had supplied her best friend from high school,
who was a senior, with some designer drugs and her friend had died from an
overdose. The prosecution had brought second degree murder charges and Jackie's
attorney had not been able to get the charges reduced to manslaughter. Bail had
been set at $500,000 and Jackie's family did not have that kind of money or the
assets to secure her release. Friends came forward and they raised the
requisite 10% cash and with the family home to secure the rest, a release
hearing was held.
The prosecution was adamant that very restrictive release provisions be in place
before the judge would release Jackie on bail. Of course two of the provisions
were that Jackie was to have no contact with her friend's family or her
boyfriend or his family. Those restrictions didn't concern Jackie's parents or
Jackie. Even though Jackie wanted to express her sorrow at her friend's death,
she would forgo that need in order to be released. At the bail hearing the
prosecution presented one other requirement: a 24/7 sight and sound third party
guardian. This request was granted by the judge plus the added caveat that the
family could not be considered for the third party guardianship! The judge felt
that placed too high a burden on the parents as a breach of any of the
provisions, no matter how small, must be reported. That emotional stress, plus
the forfeiture of the 10% cash deposit and the loss of the family home was an
unreasonable burden to place on the parents. Particularly since a failure to
report even minor violations could result in jail and fines for the parents as
well. This was a devastating blow in Jackie's parent's efforts to get her out
of jail until her trial.
Melody and Jack Short were hard working parents who had tried to do everything
right. Their daughter had been an honor student in high school as well as being
very involved in many of the extra curricular activities in the school and
community. They were active and involved parents in the PTSA, Boosters, Chamber
of Commerce, YMCA, Boy Scouts, Girl Scouts and other professional groups within
the community.
No one could understand why Jackie had turned to drugs and why she would involve
a student two years her junior in their use. It was incomprehensible! Many
people came forward to offer to help with the "guardianship" issue but the court
would only allow for two such appointments. Anyone wishing to provide such
service must demonstrate how they could provide the 24/7 sight and sound
provision. This was most difficult unless there was a female involved to cover
the times Jackie needed to have privacy for her personnel necessities. It would
also mean that the "guardian" had to be in the Short home or that Jackie would
be placed in the "guardians" home. It seemed no one was willing to commit to
these stringent requirements.
