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Florida Juvenile Law Questions & Answers
1 Answer | Asked in Family Law, Domestic Violence, Juvenile Law and Criminal Law for Florida on
Q: Alcohol resulted in sexual abuse of minor & DCF failed to consider continued alcohol use. What case law is similar?

An injunction was dissolved due to DCF failing to consider relevant information regarding ongoing alcohol use when determining the dissolutions and allowed the dissolution of injunctions in place to protect my son and his brother from their stepdad. The stepdad's history consisted of sexual... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 8, 2024

Aside from the criminal issues that you raised, you as a guardian for your children may be able to bring a lawsuit against both the stepdad and any other adult who could have or should have stopped the abuse but did not. Stepdad’s rental or homeowners insurance policy could be a source of... View More

1 Answer | Asked in Constitutional Law, Education Law and Juvenile Law for Florida on
Q: Can a school or official and a school police officer question of 15-year-old about a allegation that happened off school

The allegations was alleged to happen off school grounds and supposedly reported to the city police department the minor was questioned without his parents being there or aware of situation

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

In the United States, the rights of minors during questioning by school officials and school police officers can vary depending on the state and the specific circumstances. Generally, school officials have some authority to question students about incidents that may affect the school environment,... View More

3 Answers | Asked in Civil Litigation, Civil Rights, Health Care Law and Juvenile Law for Florida on
Q: Good morning, My (12 year old) daughter is a type 1 diabetic, and she was denied her accommodations at a Summer camp in

My daughter is type 1 diabetic, and she was denied her accommodations at a summer camp in Florida in which she was enrolled and we have been paying for more than 1 year to save her place, on June 15, 2023 I filled out all the forms required by the camp with all her necessary accommodations,... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 27, 2023

The camp may or may not be in violation of the Americans with Disabilities Act, depending on various factors. This publication by the American Diabetes Association is helpful: https://diabetes.org/sites/default/files/2021-06/Camp_2021_Fact%20Sheetsnewbranding.pdf

As explained there, the...
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1 Answer | Asked in Criminal Law and Juvenile Law for Florida on
Q: My 17 year old has a court appointed attorney and she says she can't talk to him with me present. Is this true

He was arrested for soliciting prostitution from an undercover. She is trying to get him to enter a plea deal and we haven't even went to court

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 12, 2023

His attorney probably wants to talk to him about the facts of the case. Anything your son tells his attorney is privileged. The attorney can't be made to disclose what her client told her. On the other hand, what your son says in your presence is not privileged, so, in theory, you could be... View More

1 Answer | Asked in Civil Rights and Juvenile Law for Florida on
Q: In Florida, can a minor concealed carry an axis lock knife with a blade shorter than 4 inches in public.

The axis lock is used on Benchmade knives. It locks the blade in the open position. The person carrying the knife is under 18 years old.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2023

So, essentially a pocket knife. Sure, the concealed carry law doesn't prohibit the carrying of a "common pocketknife". See Chapter 790, Florida Statutes:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790ContentsIndex.html

1 Answer | Asked in Juvenile Law and Criminal Law for Florida on
Q: Hi, there is a book published with my fathers, mine and my juvenile sons name in it, my question is don't you have to a

Persons permission to put there name and/or story out in a book for the world to see

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 30, 2023

No, unless the book is defamatory, none of you would have a case. The publisher is not required to obtain the permission of the persons named in the book.

1 Answer | Asked in Internet Law, Juvenile Law, Municipal Law and Civil Litigation for Florida on
Q: Do I need a consent form from a stranger to show them in a monetized YouTube video?

I'm planning on making YouTube videos in which I record conversations with people in public places (with a cashier, waiter, person at the park, etc.) and then use that clip to help teach people English by explaining the meaning of what I and the stranger said. My YouTube channel is... View More

J. Tanner James
J. Tanner James
answered on Sep 20, 2022

A signed release is always your best option. Depending on your location, you could be dealing with privacy laws AND publicity laws, and a failure to obtain a signed release could expose you to serious civil liability. Given the purported nature of your videos, I would imagine participants would... View More

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Florida on
Q: I am 17, with my ged, form of income, and I live with my grandparents. I wanted to know if I could legally leave their-

care. My grandma has power of attorney over me. I live in florida and I dont know if I can but I really need to leave here.

Pamela J. Fero
Pamela J. Fero
answered on Aug 23, 2022

You can be legally emancipated by a court before the age of 18 if you can support yourself. You can show proof of sufficient income to cover your living expenses and daily necessities.

However, it is most practical if you sit with your legal guardians and obtain their permission.

2 Answers | Asked in Criminal Law and Juvenile Law for Florida on
Q: Boy, 17, and girl, 15 go to a friend's house. Friend's dad gets them drunk. Teens have sex, girl says it was rape.

The kids all lied to investigators at first, and said their friend stole a bottle from their parents, and the parents didn't know they were drinking. But the girl's parents are mad, and they found out the adult hosts handed the kids shots when they walked in the door, and kept giving them... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 19, 2022

No, the boy probably doesn't have a viable defense to possible criminal charges by arguing that he didn't have the mental capacity. Any diminished capacity resulting from voluntary intoxication is normally not a defense. But of course, he should refuse to answer any questions about this... View More

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1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Florida on
Q: How do I terminate permanent guardianship? Child is uncontrollable because birth mother is encouraging bad behavior! Etc

He’s bullying 93 yr old in home causing my 5yr old grandson I’ve adopted to break down. He’s refusing to do schoolwork stealing taking off etc. I’ve called many agencies only to get one offering referral for counseling. This child needs a one on one situation that I can’t provide. I’m... View More

Michael Ferrin
Michael Ferrin
answered on Mar 14, 2022

You would need to file a motion to terminate the guardianship. I would highly recommend that you contact an attorney to assist you if this is what you want to do. If you can, it would be best if you could find someone else to take over the guardianship of the child and that way you can file a... View More

1 Answer | Asked in Juvenile Law for Florida on
Q: if im a juvenile in teen court florida can i move to another state and finish my sanctions there with parents permi
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 21, 2022

You would have to ask the judge (by filing a motion) for permission to do so.

1 Answer | Asked in Juvenile Law for Florida on
Q: Under 921.1402 a juvenile gets a sentence review after 25 years?

When does the 25 years start, the day the juvenile gets arrested or sentenced?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 25, 2021

The statute seems relatively clear; it appears that it starts on the date of sentencing.

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Juvenile Law for Florida on
Q: corroborating evidence. How is it used exactly and what does it consist of. Dependency fl

At the adjudicatory hearing even though I was there at 9am as scheduled, although all other parties were provided with links to attend via voom, I didn’t leave the building till 3:30 that day without seeing the judge and when I asked what was going on the bailiff said I couldn’t speak to the... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2021

Are you talking about a child custody issue? Why don't you repost it under family law. And in any event, clearly you need a lawyer.

1 Answer | Asked in Juvenile Law for Florida on
Q: Is it legal for someone to record a minor without their consent?

A controlled by took place where in the video record of the controlled by there is footage of a minor smoking. I thought that without a minors permission given it is against the law and against their rights?

Michael  Mayoral
Michael Mayoral
answered on Oct 28, 2021

There are laws against video voyeurism (Fla. Stat. 810.145) and recording audio without a person's consent (934.03), but both laws have exceptions for law enforcement. This should be discussed with the criminal defense attorney handling the case. Also, legal steps can be taken to protect the... View More

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Florida on
Q: My daughter was involved in a fight and now the school is trying to expel her. How can I fight for her rights

The other party has since withdrawn from school and my daughter is getting all the fault. They even say they investigated but will not share any of the file

Henry George Ferro
Henry George Ferro
answered on Oct 7, 2021

Hire a good lawyer!!!

1 Answer | Asked in Criminal Law and Juvenile Law for Florida on
Q: I requested an Officer to press charges for my stepson kicking me in the back and vandalizing my home with a sharpie.

However, the officer said I did not adopt him and he is allowed to throw things around the house. I am trying to get a hold of a supervisor and I was told to call back when he is back from vacation. Please Advise. I feel strongly the police are bias and not doing there job. Also, my wife is trying... View More

Michael  Mayoral
Michael Mayoral
answered on Sep 27, 2021

So, it is definitely not the law that someone is allowed to kick you in the back and vandalize your house just because you didn't adopt him. The crime for vandalizing is called "Criminal Mischief," governed by Florida Statute 806.13. The crime for kicking you in the back is called... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: I'm 17 . parent is non compliant of a court order, I refuse to stay with my toxic mom, hasn't supported me is CO void

I've been living with my grandparents for almost 8 months. They've supported me 100%. Mom agreed and even threw me out ( step dad did to) one time. She is toxic emotionally and physically, to me. I lose interest in school and life in general. I'm 17, a Senior in high school have... View More

Camila Martin
Camila Martin
answered on Jul 29, 2021

You should have your father consult with an attorney to try to modify the current timesharing order so the Judge can make a determination of what is the best for you based on your current situation. Another alternative will be to file for emancipation, but you will need to meet all the statutory... View More

1 Answer | Asked in Child Custody, Child Support and Juvenile Law for Florida on
Q: Can my dad take my phone away if i’m 17 and he paid for it?

He paid for the phone and pays for the phone bill but he can just stop that can he take my phone legally?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 19, 2021

Yes.

2 Answers | Asked in Criminal Law and Juvenile Law for Florida on
Q: Just a small question about court because I am clueless to everything…

When I spoke to the sheriffs, they told me they would provide a “public attorney” since I do not have the funds for one and it’s been a week and ever since all I get are advertisements in the mail but not the one that has been told to me… so my question is when or how will I get in contact... View More

Henry George Ferro
Henry George Ferro
answered on Jul 18, 2021

As a former judge and attorney of nearly forty years, my suggestion is that you actively pursue any appointed attorney or public defender so that you can keep yourself informed as to the status of your case…Nothing is worse than waiting for the day of court to find things out…This also applies... View More

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1 Answer | Asked in Criminal Law, Divorce, Child Custody and Juvenile Law for Florida on
Q: Hello, I’ve been losing sleep and having stress about courtday. It’s my first time getting a misdemeanor (812.015)

I don’t want to go to jail and I have a son to support and a in the middle of a divorce. I’ve gotten out of a toxic relationship and dealt with abuse growing up and the father is not taking any responsibility for child, the wrong I’ve done is that I took some redbull and used giftcards to... View More

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2021

Hold on there... DO NOT EVEN THINK OF ending your life over something like this. Only a Florida attorney who practices criminal defense should advise here. But your question was alarming in its nature. You're gonna get through this. Hopefully a Florida attorney knowledgeable in criminal... View More

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