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California Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law for California on
Q: Is it legal for a kid to be back at public school rather than juvenile court school, his crime was stabbing a kid

The kid is also a confirmed pedo

James L. Arrasmith
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answered on Feb 2, 2024

In California, whether a child who committed a crime, such as stabbing another child, can return to a regular public school rather than a juvenile court school depends on various factors, including the severity of the offense, the age of the child, and the individual circumstances of the case.... View More

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for California on
Q: Do parents have a right to know why a Shelter in Place was initiated at our Child's school?

2 months ago a Shelter in Place was initiated at Aviara Oaks Middle and to this day the administrators refuse to tell the parents or even Site Council members why it was initiated. They will only say that our kids were never in danger

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answered on Jan 24, 2024

Under California law, parents generally have the right to be informed about significant incidents affecting their child's school, such as a Shelter in Place order. The school's responsibility to maintain a safe environment includes transparent communication with parents, especially... View More

1 Answer | Asked in Family Law, Juvenile Law and Libel & Slander for California on
Q: I seeking to sue the state of California.

I am a human trafficking victim and I reported human trafficking to the police. Cps took my children away and icnored my plea for help. This was in 2016. I am now estranged from my children because of this. Every lawyer I call bounces between family law and civil law. Which jurisdiction does a... View More

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answered on Jan 17, 2024

Suing the state of California for your situation involves a complex intersection of legal jurisdictions. Generally, cases involving allegations against state agencies, such as Child Protective Services (CPS), fall under civil law. This is because you're potentially dealing with issues of... View More

1 Answer | Asked in Business Law and Juvenile Law for California on
Q: Does my business qualify as a Youth Service Organization and do I need to be a Mandated reporter?

I provide music tutoring to mostly children/youth under 18. I'm not sure if I qualify as a Youth Service Organization, since I require parental or guardian supervision with my services. I'm not sure if what I do counts as supervision of children. I would like to know how the details of... View More

James L. Arrasmith
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answered on Jan 17, 2024

Under California law, "AB-506 Youth service organizations: child abuse and neglect prevention" applies to organizations that provide services directly to minors or have direct contact with them. If your music tutoring business primarily involves working with children under 18, it is... View More

1 Answer | Asked in Small Claims and Juvenile Law for California on
Q: So I do wonder this alot, if I get a package, and I'm 13 (example), is my parent legally allowed to open it if I say no?

My mom is saying that because she is my gaurdian, and that I am a child (13), she can open my mail if she wants to. She says this is because I do not have the mental capacity to be able to give consent, and that she can legally open my mail without my knowing, even if I have explicitly said no and... View More

James L. Arrasmith
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answered on Jan 1, 2024

Under California law, the situation is nuanced when it comes to a parent opening a child's mail. Generally, parents are responsible for their children and have broad authority to manage their affairs, especially if they believe it's in the child's best interest. However, federal... View More

1 Answer | Asked in Juvenile Law and Family Law for California on
Q: cps ca. case opened, my wife hit me,been4 months. no dispo. report recommends fr. services 70%cmolete, when 100 kid bak?

dispo jan 9th… report says east completion date july 9… services will be complete by feb… accusations embellished, lied about, and contradict same police reports they use to support case. should i go to trial or just do classes, could be done 2-3 weeks after dispo, when complete, am i done?

James L. Arrasmith
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answered on Jan 1, 2024

In California, when dealing with a CPS case, deciding whether to go to trial or comply with recommended services like classes can be a complex decision. It often depends on the specifics of your case, including the evidence against you and the potential benefits of completing the recommended... View More

1 Answer | Asked in Juvenile Law for California on
Q: My grandparents are trying to get my boyfriend arrested for statutory rape, is there any way I can fight the charges?

I am under the age of 18 but I was more than consenting and I knew what I was agreeing to. He never forced me to do anything I didn't want to do and he respected me. I don't want there to be any charges but my grandparents won't drop it. If they do get him arrested, is there any way... View More

James L. Arrasmith
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answered on Dec 28, 2023

I understand your concern, but it's essential to be aware that in California, the age of consent for sexual activity is 18. Even if you were willing and consenting, the law considers sexual activity with a minor under 18 as a crime, and it can lead to statutory rape charges.

If your...
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1 Answer | Asked in Civil Rights, Constitutional Law and Juvenile Law for California on
Q: I’m a mom of a 12y old someone said,”i want to kiss your daughter” can I call the police on him, is he getting arrested?

How about trying to force her to drink beer, he didn’t get to do it, but I want to know if I can call the police on him, and want to know what would happen if I did

James L. Arrasmith
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answered on Dec 24, 2023

Under California law, expressing a desire to kiss a minor, especially in a context that seems threatening or inappropriate, can be cause for concern. While it may not always constitute a crime in itself, it could be considered part of a pattern of concerning behavior. You have the right to report... View More

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?
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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...
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1 Answer | Asked in Civil Rights and Juvenile Law for California on
Q: How would I sue cps worker and office
James L. Arrasmith
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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
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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
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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...
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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
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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
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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
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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

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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
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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
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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
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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

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

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