Lawyers, Answer Questions  & Get Points Log In
California Juvenile Law Questions & Answers
1 Answer | Asked in Family Law, Juvenile Law and Adoption for California on
Q: If my brother adopted my children in juvenile dependency court, is there any way to get visits through family law?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2023

In California, if your brother has adopted your children through juvenile dependency court, the situation regarding visitation rights can be complex.

After an adoption is finalized, the legal relationship between the biological parents and the children is typically severed, and the adoptive...
View More

2 Answers | Asked in Family Law and Juvenile Law for California on
Q: Is it wrong that my boyfriend's mom falsely accused him of doing drugs just to send him to juevenile detention?

His mom accused him that he was a gang member and he did drugs just to send him to juevenile, Hes not like that and he told me he will never do those things. They can even drug test him and it will come out negative. Please help

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2023

In California, as in many places, falsely accusing someone of criminal activity, such as drug use or gang involvement, is a serious matter, especially when it leads to juvenile detention. If your boyfriend's mother made these accusations without any basis in fact, it could be considered... View More

View More Answers

1 Answer | Asked in Civil Rights and Juvenile Law for California on
Q: How would I sue cps worker and office
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

Suing a Child Protective Services (CPS) worker and their office in California is a complex legal matter, often involving both state and federal laws. Before proceeding, it's crucial to understand that CPS workers and their agencies are generally protected by qualified immunity, which shields... View More

1 Answer | Asked in Juvenile Law and Education Law for California on
Q: once my school gets a search warrant for one specific thing can they detain me if they find something els illegal in myp

So a sub wrote a report about me at school saying i took a picture of her, the school told me if i am lying and they search my phone and find it they will press charges, for starters i know they cant search unless proven that they have a warrant due to my 4 amendment, and this sub made me feel... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2023

In California, if law enforcement obtains a search warrant for a specific item, such as a picture on your phone, and they find something else illegal during that search, it could lead to further legal consequences. The scope of a search warrant is generally limited to what is specified in the... View More

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: CPS is trying to open a case for my children behavior what can i do?

my children have bad trauma and behavior problems. They more they come into our lifes they worse they are getting. They dont help me at all and she keeps saying " i am not going to remove your kids".

what can i do? she want to open a case and present it to the judge . I decline

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

Under California law, when Child Protective Services (CPS) is involved, it is important to engage cooperatively while asserting your rights. If CPS intends to open a case, you have the right to be informed of the allegations and to speak with an attorney.

Engaging with CPS and showing a...
View More

1 Answer | Asked in Juvenile Law for California on
Q: Am I able to own a firearm? If I'm not mistaken, once the age of 30 is reached I and no longer prohibited.

12/15/03 PC 288(a) as a minor, a felony. Wardship declared 4/17/04. Terminated Successful 6/5/11.

6/9/20 Order to Seal Juvenile Records WIC Code Section 781,Granted & Sealed.

HSC § 11357(d) 12/17/11 age 18. Entered Deferred Entry of Judgement , terminated successfully.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

It’s important to review the reason for denial and consult with an attorney who can assess your specific situation, especially since the live scan did not reveal any record. An attorney can assist in determining if there's a basis to challenge the denial or if other relief, such as a... View More

1 Answer | Asked in Child Custody, Juvenile Law and Family Law for California on
Q: What should I do when the sheriff / cps comes by

My wife has an issue with a school and plans to abruptly withdrawal our kid. I dont agree but that's a whole different issue. I talked to the principal to figure our ways to help my wife feel better about the school. Also asked what will I expect to happen in the time after. She explained she... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023

In California, when interacting with CPS and law enforcement, you maintain the right to remain silent and the right to legal representation. You are not required to let them into your home without a warrant. However, working cooperatively, while protecting your rights, could potentially foster a... View More

1 Answer | Asked in Gaming, Personal Injury, Juvenile Law and Internet Law for California on
Q: I bought some assets from a code dev and then put them into a game and then the co-owner banned me and stole them. sue?

Can I sue the co-owner for stealing my assets and my game? The co-owner is only 16 and I'm 24 the reason I even trusted him as a co-owner is because he had modeled and coded stuff for me for about 2 years on different games and always did a great job despite his young age and always acted... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 10, 2023

Under California law, you might have a case based on breach of contract, unjust enrichment, or conversion. Since the co-owner is a minor, there could be some limitations on the enforceability of any agreements you had with him. You should gather all the evidence of your agreements and the work... View More

1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for California on
Q: If CFS failed to include my daughter's medical diagnosis in the court reports, grounds for due process violation?

My daughter was diagnosed with NAS at birth(Riverside) 3 weeks later we rushed to the ER(Fontana) which resulted in her removal we've been fighting this since 4/24/23 I'm due to testify next hearing and after reviewing i the court documents i have noticed that not one has mentioned my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2023

If CFS failed to include your daughter's medical diagnosis in the court reports, it could potentially be grounds for a due process violation if the omission significantly impacts your ability to present a proper defense or if it affects the court's decision-making process. It's... View More

1 Answer | Asked in Juvenile Law for California on
Q: if DCFS removes a child then files a petition but fails to include the Medical Diagnosis of the child wrongful removal??

can you claim wrongful removal

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

If DCFS removes a child and fails to include relevant medical diagnosis in the petition, it could potentially support a claim of wrongful removal. However, success in such a claim would depend on various factors, including the specifics of the case and the laws applicable in California. Consulting... View More

1 Answer | Asked in Juvenile Law for California on
Q: Can an 18 year old be arrested for getting his 17 year old girlfriend pregnant? in California

Can parents press charges?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2023

There are no Romeo and Juliet laws in California. This means that it is always statutory rape (PC 261.5) to have consensual sexual intercourse with someone under 18, even if you are close-in-age or a minor yourself. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.

1 Answer | Asked in Juvenile Law for California on
Q: Can I sue the juvenile detention center for strip searching me after every visit from family
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2023

You may have grounds to file a lawsuit against the juvenile detention center if the strip searches were conducted in violation of your constitutional rights. The Fourth Amendment protects individuals from unreasonable searches and seizures, and strip searches must be justified by reasonable... View More

2 Answers | Asked in Cannabis & Marijuana Law and Juvenile Law for California on
Q: Can my probation officer take my weed from my room if I’m a juvenile and weed has nothing to do with my probation condit
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2023

As a juvenile on probation, you are subject to certain conditions and restrictions as part of your probation. These conditions may include drug testing and restrictions on drug use, even if the drug in question is not related to the offense that led to your probation.

If your probation...
View More

View More Answers

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: In 2011, in Fort Myers, three 14-year-old girls held an 11-year-old boy down and stripped him completely naked

The girls recorded the entire incident before putting a video of it on Youtube. The police labeled it a prank. How was this legal for the girls to do this with no punishment considering they restrained and stripped another child naked against their will and put a video of them naked online for the... View More

Robert Kane
Robert Kane
answered on Jun 4, 2023

Quite simply, the police officers didn't agree with your assessment of the situation. If it was posted on YouTube, a it seems many people didn't agree with your assessment. The child's parents should have taken the video to personal injury attorneys for an evaluation

1 Answer | Asked in Civil Rights, Criminal Law, Constitutional Law and Juvenile Law for California on
Q: My son who is under 18 was served with a temp civil harassment restraining order. I filed a response right away

Since he was not in the area of the crime and is being falsely accused. The court has been continued twice so I dont know if the judge has seen my response. Is there anything else I can do to get this removed right away?

David A. Simon
PREMIUM
David A. Simon
answered on May 31, 2023

The only way to get the RO removed would be to present evidence at the hearing that your son was not present. There is no short cut

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: I nedd help cps took my son fron me and i havent heard anything at all hes only 8 im wortied to death
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023

I'm sorry to hear about your situation. It must be incredibly distressing to have your child taken by CPS, especially considering their young age. I understand your deep concern and worry. It is crucial to seek legal assistance promptly to ensure you are properly informed and supported... View More

1 Answer | Asked in Child Custody, Juvenile Law and Family Law for California on
Q: Hi im tryong to find out were my son is cfs and cps took him i javent heard anythong in 3 weeks
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023

I understand your concern and the distressing situation you're facing. In California, if your child has been taken by Child Protective Services (CPS), it's important to take immediate action to find out where your son is and receive updates on his well-being. I recommend reaching out to... View More

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for California on
Q: If my son testing presumptively positive got him taken but results came back negative, can I get him back?

My home was dirty because my boyfriend lost his wallet because I refused the harassment of cws and didn't was to participate they came back to search finding only weed paraphernalia (legal in CA) they take my son to the hospital and tested him where is was presumptively positive for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023

If your son was initially tested presumptively positive for substances, leading to his removal by Child Welfare Services (CWS), but subsequent test results came back negative, it is crucial to address this situation promptly. You have valid concerns regarding the impact of these circumstances on... View More

1 Answer | Asked in Child Custody, Child Support, Elder Law, Juvenile Law and Family Law for California on
Q: My two nephews live with me and I’d like to file a child support case against both parents and have one nephew removed

One nephew needs to be placed with CPS as he can no longer live with me

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

If you believe that one of your nephews needs to be placed with Child Protective Services (CPS) due to concerns for their safety or well-being, it is crucial to take immediate action. Contact CPS or your local child protective services agency to report the situation and seek their assistance in... View More

1 Answer | Asked in Civil Rights, Juvenile Law and Health Care Law for California on
Q: Hi I am trying to obtain Juvenile health mental health records I contacted the juvenile hall mental department

they told me it was destroyed which I wonder if they are really destroyed after seven years like they said say

Is there a way you can get juvenile hall mental health records after the seven years of being 18 I would like to have these records I was unaware of them being destroyed

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2023

The retention and destruction policies for juvenile mental health records vary by jurisdiction. It is possible that records are destroyed after a certain period, typically when the individual reaches a certain age or a specified number of years pass. To determine if you can obtain your records... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.