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Colorado Juvenile Law Questions & Answers
1 Answer | Asked in Civil Rights, Juvenile Law, Sexual Harassment and Criminal Law for Colorado on
Q: Can a parent press charges on a 19yo boy if he has sex with their daughter (17yo) when the legal age of consent is 17?

So the parent says they will put whoever has sex with their daughter in jail but once the daughter turns 17 which is the legal age of consent in colorado can they still do that?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 8, 2017

As far as statutory rape goes, you are correct that at 17 inability to consent (due to age) is waived. With the 2 year age gap, there would also be additional safe harbor provisions related to statutory rape in Colorado.

Statutory rape is not the only issue. Parents have been known to...
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1 Answer | Asked in Juvenile Law and Criminal Law for Colorado on
Q: Is it Against the Law for a 28 year old to Have a crush on an 18 year old and want to date him or would I get in trouble

So there's this guy who's 18. And I'm 28. And I wish I could date him

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 1, 2017

Statutory rape only applies to minors. At 18 a person who is not disablabled is legally an adult in Colorado. Note, normal rape rules (i.e. consent) apply regardless of age.

1 Answer | Asked in Juvenile Law for Colorado on
Q: If i 17 can i go do my own inmasipation with out my parents permition

My parent keep me locked up in side and will not allow freedom can I

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Aug 6, 2017

Colorado does not allow private motions for emancipation. Only CPS (Child Protective Services) can petition (with consent of the minor) for emancipation if the child is living in a group home.

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: Will 17 and pregnant speed up emancipation process 4 months before she is 18? How can parents keep her identity docs?

This young girl I house and provide for, both parents are unstable and abusive in a few ways. She just wants to be emancipated asap to protect herself and baby and she wants to stay here where she is. I am enrolling her in school, she makes a little money helping every now and then. Parents are... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 28, 2017

Only Child Protective Services can file for an emancipation order. In other words, Colorado does not allow civil emancipation requests unless the child is in a group home setting.

The Social Security Card and birth certificate ownership are something of a grey area. These documents are the...
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1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: Can a 17 year old leave home if they are 30 days away from being 18.
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 27, 2017

Technically, the 17 year old is still a minor. However, getting police or state involvement if the minor leaves may not occur due to the very short period in which the child is still a minor.

1 Answer | Asked in Criminal Law and Juvenile Law for Colorado on
Q: In the state of Colorado is it eligal to date a 17 year old if I am 22
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 24, 2017

There is nothing illegal in dating a minor. There are potential risks with having sex with a minor (i.e. statutory rape). However, in Colorado statutory rape ends at 17 years old. Note, consent to sex (or lack thereof) is not age related.

1 Answer | Asked in Criminal Law and Juvenile Law for Colorado on
Q: My son who is 12 was interviewed while in the interview room the detective took my phone

And he stated you may be texting your other son to warn him and he took my phone out of the interview room for about 5 to 15 min and I was angry do they have the right to do that

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 16, 2017

Yes, the police can temporary remove items to prevent communication between suspects. Technically, consent is required (unless you were charged), but consent can be inferred by the act of surrendering the phone and/or continuing to talk.

The phone must be returned (undamaged) and you always...
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1 Answer | Asked in Juvenile Law for Colorado on
Q: What is the starting age in Colorado that a Juvenile can be charged for criminal mischief . Can a 9 year old be charged?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 4, 2017

A child must be at least 10 years old at the time the crime(s) were committed for Juvenile Court to have jurisdiction (power) over the minor. For children under 10, there are other potential claims (most not criminal) that can be raised against the child and/or the caregivers.

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: What is the process to petition the court for emergency guardianship of my grandchild when I live in California?

My grandchild has been staying with another family member because neither of her parents are properly providing for her due to drug and alcohol issue and I am concerned for her safety in the event that she may be released back into the unstable situation.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 4, 2017

If Social Services is involved, contact the managing social work or the GAL.

If this is a private motion (without state involvement), you will need to hire a lawyer to handle the case in Colorado. Two of the biggest reasons why this is not a matter that can be handled pro se (w/o an...
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1 Answer | Asked in Juvenile Law and Constitutional Law for Colorado on
Q: I am employed at a public (government funded) pool and we had members of a religion attempt to come in and solicit

children during pool hours. I told them no, and that I would have to talk to our board of directors about a final decision. I'm assuming since we are a public entity that the establishment clause would prevent them from doing this legally. Any suggestions you could give me would be very helpful.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jun 20, 2017

Private property, even if wholly funding by the government, can lawfully restrict use/actions of any "visitor" with or withhold cause for any reason. Note this is very broad (hence why some court clubs in the south still lawfully restrict African-Americans and other groups from use and... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: What can I do if i feel im not getting heard by my concerns of safety and health with the placement of my children?

I feel the children are being declined of medical care. One daughter has had ingrown toe since Nov. As well my other daughter is year over due of shots. As well they arrive at visitation late tired and dirty.

Stephen J. Plog
Stephen J. Plog answered on May 26, 2017

Not sure if you have a custody case or a case in which the Department of Human Services is involved. It should like a DHS case when the word "placement" is used. With a DHS case you should talk to your attorney. If a custody case, your remedy would be to file a motion with the court... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Colorado on
Q: My son 17 he was held back in school dating girl in his class but she is just 15... her parents consent worst could be?

My wife has meet her parents I plan to very soon. Can we protect my son? Already explained having sex and her parents could file charges.... correct? Very very nervous about this but don't want to make him end it..and who says they would....

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on May 11, 2017

I understand your concerns about minors having sex (not a good idea...), but statutory rape should not apply based on the facts your provided above.

The age of consent in Colorado is 17, however, there is an age waiver (aka Romeo and Juliet law). If the youngest person is under 15 the age...
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1 Answer | Asked in Juvenile Law and Criminal Law for Colorado on
Q: Can a cop who is in his 20's date a 17 almost 18 year old
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 18, 2017

Yes, dating is fine from a legal perspective. Statutory rape should also not apply. Statutory rape (sexual assault in Colorado) ends at 17 (assuming the minor consents and is not mentally disabled, etc....).

1 Answer | Asked in Adoption, Domestic Violence, Family Law and Juvenile Law for Colorado on
Q: 15 homeschooled I live with an abusive mother and my father is dead, I dont have family that would let me live with them

The only person that would be willing to take care of me is my mother's ex boyfriend. Ive tried contacting relatives but they turned me away. My mother tells them that im all these things that im really not. Please, is there any way you could help?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 4, 2017

You can contact CPS (Child Protective Services). Be aware the abuse must be significant. Also, if abuse is found and you are removed, but no family member will take you in, you would be placed in foster case.

1 Answer | Asked in Juvenile Law for Colorado on
Q: when he was 15 him and our neighbors 10 year old son had oral sex both received and gave it to each it was not forced

Is this rape or assut or just kids doing things they shouldn't do the ten year old still comes around all the time he loves us he is not scared or imbarrasded around my son they are good friends this happen a fee times but has since stopped and been forgotten and neither child seems yo have... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 4, 2017

This matter should be directed towards a hired criminal defense attorney or public defender if the police/DA proceed with charges. Colorado's statutory rape laws (aka sexual assault) do have safe harbor provisions when the victim and perpetrator are close in age. However, for children under 15... Read more »

1 Answer | Asked in Juvenile Law for Colorado on
Q: I am now 30. I have been trying to get some of my old juvenile records from dhs. They have refused. What can I do

This paperwork is a completion of treatment. But they are refusing to release my own treatment paperwork to me, that I need for court purpose. What can I do?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 4, 2017

If there was a D&N case, you can request the transcripts from the courthouse (make sure you know the case number and bring your checkbook). The D&N case should have records of completion of treatment as part of the normal status conferences.

For the records at Social Services, you...
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1 Answer | Asked in Criminal Law and Juvenile Law for Colorado on
Q: Can you, or how much, get in trouble if you are minor and you request and purchase cartoon-like pornograpy on intenet

If you are under 18 and you purchase drawn or cartoon-like pornography in digital form

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 1, 2017

While Colorado (like all states) has numerous protections against sexual abuse of minors, there are no laws that directly prevent a minor from purchasing porn (on the minor's end, for merchants it is different). Some content can be illegal (such as child porn). Beyond that a really creative... Read more »

1 Answer | Asked in Juvenile Law for Colorado on
Q: how long will a juvenile go to jail if caught stealing??
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 20, 2017

It depends on the charge(s) and other case-specific factors. You should be given an opportunity to either hire an attorney or to have one appointed for you. This is a question best directed towards your attorney.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: I'm a 16 year old in foster care. I'm trying to keep from going home at all costs, due to being abused and neglected.

My mother is and always has been violent and I just recently was able to get my brother and myself into foster care. But, she's a smart woman and has easily manipulated the courts, temporarily sobered up, etc, and will be getting my brother back within a few months(she's never laid a... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 19, 2017

I understand you situation, so I want to explain the legal system so you can make an informed decision. Colorado favors joint (50-50%) custody. It is possible that you father could get primary custody, especially if the current D&N goes really poorly (e.g. your mother refuses to participate).... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: What should I do in this situation?

Alright so this is sort of complicated so bear with me here. About a year ago, I was in a relationship with someone older than me, my parents found out and obviously punishments ensued. They opened up a police case but nothing ever came of it because the guy didn't live in the US. They took... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 10, 2017

You can contact CPS or a teacher/school administrator. At issue here is whether a minimum standard of care is being provided. This standard is very low, so there may not be a D&N (dependency and neglect) matter here, but this is something more for CPS to determine. In other words, there is a... Read more »

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