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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... View More

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... View More

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....).

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.

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... View More

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

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

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.

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

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

Yes, it is with a court order.

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

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

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

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

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.

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.

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

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.

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