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California Juvenile Law Questions & Answers
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
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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
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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
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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
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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
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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
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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

1 Answer | Asked in Education Law and Juvenile Law for California on
Q: My 15 yr old was search after school review the school cameras, now she has court. How can I get a copy?

My daughter says they didn’t have any reason to search her, I want to make sure her rights weren’t violated.

James L. Arrasmith
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answered on May 3, 2023

If your 15-year-old daughter is facing charges and has a court date as a result of a search at her school, you may be able to obtain a copy of the school's security footage through the discovery process in court. You may also wish to contact the school directly and request a copy of the... View More

1 Answer | Asked in Juvenile Law and Family Law for California on
Q: My granddaughter was adopted by her paternal aunt. I have asked for a year to be able to visit her.

I want to get visitation rights. I raised her her first 3 years. I am 77 and feel I do not have much time left

James L. Arrasmith
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answered on Apr 11, 2023

If your granddaughter was adopted by her paternal aunt, you may have limited legal options for obtaining visitation rights. However, you may be able to petition the court for visitation based on your previous relationship with your granddaughter and your ongoing bond with her.

In...
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1 Answer | Asked in Family Law and Juvenile Law for California on
Q: A minor boy12 innapropriately touched my daughter 3 years ago when she was 9 she is 12 and just tood me what can i do?

What can i do since he also is a minor he was 12 or 14 at the time i cant remember the boy lives in Texas but it happened in california.

James L. Arrasmith
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answered on Mar 15, 2023

I'm sorry to hear about what happened to your daughter. Here's some information that may be helpful:

Under California law, the statute of limitations for filing a civil lawsuit for childhood sexual abuse is generally within 8 years of the victim turning 18. However, if the abuse...
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1 Answer | Asked in Civil Rights, Constitutional Law, Juvenile Law and Native American Law for California on
Q: Need help find legal help son was beat by police hancuffed with batons an they put false stuff on report

Native American an they harass him on a Dailey because of background

James L. Arrasmith
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answered on Mar 7, 2023

I'm sorry to hear that your son has been mistreated by the police. If your son was physically harmed by the police and they falsified reports, he may have grounds to pursue legal action against the police department or the individual officers involved.

One option is to contact a civil...
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1 Answer | Asked in Family Law and Juvenile Law for California on
Q: I am a Non offending parent of cps removal. Mother alleged drug use is reason for removal.

I am a Non offending parent of cps removal. Mother alleged drug use is reason for removal. But hospital has put her on methadone treatment for the last 5 months of her pregnancy. I am learning that this is the recommended procedure for a safe birth. At birth she was drug tested to see if she has... View More

James L. Arrasmith
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answered on Mar 1, 2023

In California, if CPS removes a child from the home, the parents have the right to request a hearing to challenge the removal. This is called a detention hearing, and it must be held within two court days after the child is removed from the home. At the detention hearing, the court will decide... View More

1 Answer | Asked in Adoption, Appeals / Appellate Law, Child Custody and Juvenile Law for California on
Q: Can a assigned attorney lie to a client in a dcfs case

Dcfs case in la county. Baby was born clean. No drugs in her system. I was not. I have asked to appeal since day 1. Have given evidence that would help my case. At times my court appointed attorney blocked me completely. Until I called her supervisor. Now they are claiming she is not my... View More

James L. Arrasmith
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answered on Feb 23, 2023

It is not ethical or legal for an attorney to lie to a client in any case, including a DCFS case. However, it is important to clarify the roles and responsibilities of a court-appointed attorney.

In a DCFS case, the court will appoint an attorney to represent the parent or legal guardian...
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1 Answer | Asked in Civil Litigation and Juvenile Law for California on
Q: Can I sue the police department for making my 13 year old son identify his brothers body without my consent?

This incident happened in 1984 and ever since then my son was diagnosed with depression which turned into schizophrenia. He was the only one home and I was at work and they took him with them to see the body.

James L. Arrasmith
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answered on Feb 20, 2023

It is possible to file a lawsuit against a police department for certain types of misconduct or negligence. However, there may be some limitations to your ability to file a lawsuit, including the statute of limitations and the availability of evidence.

In California, the statute of...
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1 Answer | Asked in Family Law, Juvenile Law and Probate for California on
Q: Power of attorney (financial) of minor child in california

Does a parent, (in California), with whom their minor child resides, need to gain Power of Attorney of said minor child in order for minor child to receive money left to child by father who died in accident? Parents were not married. Child is one of 5 children named by deceased father to receive... View More

James L. Arrasmith
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answered on Feb 20, 2023

In California, a parent generally has the legal authority to manage their child's finances, including money received from a deceased parent, without the need for a power of attorney. However, if the child's deceased father set up a trust or other legal instrument to manage the funds, the... View More

3 Answers | Asked in Criminal Law, Civil Rights, Juvenile Law and Family Law for California on
Q: I am 16 years old and I drugged up a 43 year old and raped him now I'm pregnant what do I do

I am 16 years old and I lied about my age to a 43 year old he picked me up one night and I drugged him and raped him now I'm pregnant and he doesn't know

William John Light
William John Light
answered on Feb 6, 2023

Sounds like homework.

If this is a real problem, you are facing criminal charges in the juvenile system. You are also facing CPS involvement once your child is born given your potential convictions for rape and distribution of narcotics. Sounds like you would also test positive, and your...
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1 Answer | Asked in Juvenile Law for California on
Q: My juvenile record was sealed and destroyed April 30, 2007. Statutes state that duty now terminated (again).

Juvenile registration statutorily ends when juvenile records are sealed. It is 'as if it never occurred and i may say so if asked. There is no underlying basis for its imposition, so why does a different county want me to register or be incarcerated?

James L. Arrasmith
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answered on Feb 20, 2023

It's possible that the different county is not aware that your juvenile record was sealed and destroyed, and is therefore treating you as if you have a duty to register. It may be helpful to provide documentation showing that your record was sealed and destroyed, and to consult with a lawyer... View More

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: I got in contact with a girl on a dating app. The same day, we take it off the dating app, she tells me she is underage.

Once I found out she was underage, I asked when she would turn 18, she said in about 2 weeks. I said I would still be okay with hanging out, but I would have to take some precautions for myself. We never made plans to actually hang out, just said possibly Sunday (we were in contact on Friday). On... View More

James L. Arrasmith
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answered on Feb 20, 2023

First and foremost, it's important to consult with a criminal defense attorney in your area immediately. It is possible that you may be facing charges for contacting a minor with the intent to commit a sexual offense, even if there was no sexting or physical contact involved.

As for...
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2 Answers | Asked in Child Custody, Legal Malpractice and Juvenile Law for California on
Q: Can a lawyer submit legal doc.s in 1 county superior court but label them under a different county superior court

example a lawyer representing a client in Riverside county and case being heard from Riverside county courts submit in documents that get accepted by Riverside county courts clerks office than files legal documents even though the acting lawyer has labeled this documents Los Angeles superior courts... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2022

This error could be malpractice if harm was caused.

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1 Answer | Asked in Intellectual Property and Juvenile Law for California on
Q: An employee took a video of a child at a private tennis court and posted on social media and it went viral. Legal?

The child is 9. The employee was taking videos of the court for marketing purposes. This video was not used on the company account but was posted on a personal Instagram account that is used for personal gain. The post encourages violence but does not violate the community guidelines of... View More

Neil Pedersen
Neil Pedersen
answered on Oct 27, 2022

This question is posted in the employment law section of this site. This is not an employment law question. It is, instead, an intellectual property/usurpation of name and likeness claim. The parents need to find an attorney who works in that field.

Good luck to you.

1 Answer | Asked in Appeals / Appellate Law and Juvenile Law for California on
Q: parental rights were terminated lost appeal in California false allegations can provide proof what can I do

Is there anything I could file to provide arguments

James R. Dickinson
James R. Dickinson
answered on Sep 25, 2022

Speak with a local appellate attorney to see if you've exhausted you appellate rights. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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