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Colorado Juvenile Law Questions & Answers
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... View 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... View 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... View 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... View 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).... View 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... View 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... View More

2 Answers | Asked in Criminal Law and Juvenile Law for Colorado on
Q: My son is 17 and he was "court ordered" to submit his dna. I was not present nor was I notified. Is this legal?

Two police officers went to my son's school yesterday and ordered him to submit dna via cheek swab and they took his picture. My son called me immediately after to tell me and I was at the school within 5 minutes. I asked the officers why they would do that without my consent and their... View More

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

Yes, it is with a court order.

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1 Answer | Asked in Education Law and Juvenile Law for Colorado on
Q: Im under 18. My superintendent/ principal called my work place to find out personal information. Is that legal?

I had to leave my last class of the day because my mother called me out of school so I had time to safely make it to work and my superintendent decided that it was unexcused and called my boss to get personal information without asking either of my parents or me first. I am under 18 and don't... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 9, 2017

There are not clear rules on this matter. A call to review the nature of the "absence" is well within the powers of the school. In the process certain personal information is likely to be disclosed. The scope of the disclosure is an issue. It is not clear what information was released,... View More

1 Answer | Asked in Juvenile Law for Colorado on
Q: I'm 17, am a Senior in high school. If i don't go to class enough, can I still be cited for truancy?

I'm a part time student and am not in a work-study program, if that makes any difference.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 23, 2017

Technically yes, but truancy reports are highly dependent on the school district policies and the individual actions of your school. Many school districts do not report truancy unless it is tied to a dependency and neglect case (i.e. child abuse), in which case the violation is targeting the... View More

1 Answer | Asked in Juvenile Law for Colorado on
Q: Can a parent kick their 19 year old out of the house if he is still a full time high school student?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 22, 2017

At 19 the student is considered an adult, so the usual child welfare laws do not apply (unless the 19 year old has a significant mental disability). As a result, the 19 year old can be forced to leave, but other rules (often tied to landlord-tenant laws) can apply. Specifically, the parents must... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Colorado on
Q: I am almost 18 and my girlfriend is almost 16 can she live with me if I move out at 18?

I don't feel it is safe for my girlfriend to live in her current home and It was brought up that she wanted to live with me when I got an apartment or home. Would it be possible to legally have her live with me or will there be problems with it?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 14, 2017

While the is no problem with an adult (over 18) leaving home, there are concerns with a minor leaving home. The real issue for the minor is that parental consent would be required for her to leave. Even then, it would likely be in all parties' interests to continue to formally list the... View More

1 Answer | Asked in Education Law and Juvenile Law for Colorado on
Q: My 9 year old continues to physically assault other kids in school. Can I put him in a scared straight program?

He's about to get expelled. He had 11 incidents last year for fighting and 6 so far this year.

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

I would contact the school counselor for suggestions. I am not sure if there is a voluntary scared straight program in Denver--even then, 9 is a bit young for this type of program. Clearly there is something wrong, you may want to consider both parenting and child classes/therapy.

1 Answer | Asked in Municipal Law and Juvenile Law for Colorado on
Q: I'm 12 years old got a disorderly conduct ticket and first time ever in trouble can't afford a lawyer

I was assaulted and did not fight back. Won't infringe my liberties.

Brian Lehman
Brian Lehman
answered on Feb 8, 2017

In a criminal matter, you will be given a lawyer if you can't afford one. My best advice: Don't talk to anyone, particularly the police or prosecutor, without a lawyer. Whenever in court, say, I want a lawyer. And then talk with that person.

2 Answers | Asked in Family Law and Juvenile Law for Colorado on
Q: My almost 17 year old says that we can't take his personal property away from him. He says that it is illegal.

He got suspended twice for bringing knives to school. After the second time we confiscated all his knives and told him he could have them back either when he turns 18 or when we deem him responsible enough to have knives. He swears that we are violating the law by keeping his property from him and... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 12, 2017

This is a bit of a grey area. If they where largely purchased by the minor (or provided as gifts), the items are his personal property. As parents and homeowners you are allowed to restrict access to the knives on a temporary basis. Be aware you are likely assuming legal responsibility of a bailee... View More

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1 Answer | Asked in Education Law, Juvenile Law and Criminal Law for Colorado on
Q: What is the penalty for child educational neglect?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 11, 2017

Child neglect is typically associated with physical abuse and/or failure to provide a minimum standard of care. Education is not typically charged under dependency and neglect without more significant charges. Truancy is more common if there is no (or insufficient) evidence of more sever abuse.

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: girlfriend lives with her parents. She is 18, going to highschool online.Shewants to move out, parents refused. Legal?

My girlfriend is 18, and wants to move out of her parents house. Basically she talked with them and they refused to let her leave. Is it legal for them to do so?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 13, 2016

If she is 18, and does not possess a mental disability that would prevent her from minimal functioning as an adult, she has the choice to leave or stay. Her parents can also generally reuse to any future support (under most circumstances). Legal rules aside, it is generally advisable to seek a... View More

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: Can i legally kick my 18 year old out before she graduates in colorado?

There is drug use and alcohol use. She is 5 months from graduation.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2016

Yes. Your 18 year old is now an adult in the eyes of the law. Graduation has nothing to do with it. If she refuses to go, you could potentially call the police. If they won't do anything you might have to go through eviction procedures. The simple answer to your question is... View More

1 Answer | Asked in Child Custody and Juvenile Law for Colorado on
Q: A close friend of mine is 13 and she lives in a bad home and I wondered if there is a way to get her out of there?

She lives with her younger brother and doesn't say anything about it to her mother in fear of him being hurt by her mother. Her mother has called her a slut and a whore and told her to kill herself, and my friend is already suicidal and cuts, and her father lives elsewhere but he has given her... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 3, 2016

Intervening as a private party is not recommended. From your facts there are serious problems at the 13 year old's home. The best approach (and the one that will likely produce the greatest good) is to contact CPS (child protective services. Here is the link:... View More

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