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California Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law for California on
Q: What rights do 17 year olds have in California?
David A. Brooks
David A. Brooks
answered on Feb 26, 2014

The same as any child, unless the DA succeeds in prosecuting them as an adult. In that case, they have the same rights as any adult.

1 Answer | Asked in Juvenile Law for California on
Q: Can california laws prohibit a woman to have children under any circumstaces?
David A. Brooks
David A. Brooks
answered on Feb 26, 2014

Yes, but a Judge would have to take away the right to procreate and ther are only a few ways that can happen.

That can happen as the result of a Conservatorship, where developmental disabilities mean that an adult lacks the ability to consent to have sex, and/or lacks understanding regarding...
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1 Answer | Asked in Juvenile Law for California on
Q: 12 month review coming for cps case. Have 2 kids under age of 3 part of sibling group. Have completed case plan

Sw wants to go another 6 months because of my partners inconsistent boundary setting. Is this sufficient to extend to 18 months

David A. Brooks
David A. Brooks
answered on Feb 26, 2014

Social workers have a lot of pull when it comes to when to terminate the court's jurisdiction or when to proceed to a .26 (Permanency) Hearing. What a judge's threshold to extend jurisdiction might be is best asked of an attorney who works in that particular court. The answer also... View More

1 Answer | Asked in Juvenile Law for California on
Q: Can a 12 year old be legally prosecuted for grabbing a girls behind? In CA
David A. Brooks
David A. Brooks
answered on Feb 26, 2014

Yes. Could be sexual battery, could be just battery.

WILL a child be prosecuted, that is a different answer. Maybe, and that decision is in reality made by an intake probation officer. It depends on past problems, attitude, parental attitude, and local policy.

1 Answer | Asked in Juvenile Law for California on
Q: Do i get arrested if im 14 & pregnant
David A. Brooks
David A. Brooks
answered on Feb 26, 2014

It certainly happens, there are plenty of pregnant girls in Juvenile Halls, but you'd have to have broken the law. Getting pregnant isn't a crime.

If you are at risk (runaway) you could be detained, but that is different than being arrested.

What you do need for certain is...
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1 Answer | Asked in Juvenile Law for California on
Q: What needs to be done for my 16 year-old niece to move in with her grandfather?

My niece has, to say the least, a crappy home life. She already moved out once before with friends (which did not go well) and is currently back living with her mother. She has asked to come live with me and my father (her grandfather). I believe her mother is ok with her moving in with us (we have... View More

David A. Brooks
David A. Brooks
answered on Feb 26, 2014

Assuming everyone agrees, you don't have to do anything. You would probably want to hold educational and medical rights, though. You would probably want to become legal guardian. Adoption would first require termination of mom's parental rights. She is getting old enough, emancipation... View More

1 Answer | Asked in Juvenile Law for California on
Q: What can happen to a kid going to school and getting caught with weed for sale and the kid is 18yrs old
David Philip Shapiro
David Philip Shapiro
answered on Jan 4, 2012

Since he is 18 he will be prosecuted as an adult and can face up to 3 years custody under Health and Safety Code section 11359 if convicted.

1 Answer | Asked in Family Law, Education Law and Juvenile Law for California on
Q: Can a child leave school at the age of 18 without parents consent?
Thomas D'Arcy Ferreira
Thomas D'Arcy Ferreira
answered on Dec 31, 2010

In California, school attendance is mandatory through age 18, whether or not the person is emancipated (California Education Code section 48200) The rule of compulory education is subject to several specific exceptions (for example, graduation (EC 48410(a)), Passing the GED and parental consent... View More

2 Answers | Asked in Family Law, Juvenile Law and Child Custody for California on
Q: I am a 17-year-old living in California; is there a loophole to becoming an adult early? [details]

I am graduating high school in January 2011 however, will not be turning 18 until August 2011. Is there a loophole in the age of majority law that allows me to visit a friend for a week (without parental consent) without the friend getting in trouble for "harboring a runaway"? The friend... View More

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Dec 29, 2010

Yes, it is called being an emancipated minor. You can petition the court to allow you to become an emancipated minor which means that you will have to be self supporting.

If that is something you want to do, you should ask the clerk of the court if they have a self-help packet for how to...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: I have Kaiser LAUSD health coverage for my 17 yr. old daughter. If she becomes an emancipated minor, does she lose this
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Dec 29, 2010

Under the Family Code of California, once a person over 14 is declared to be emancipated, they are an adult for all purposes and are to be self-sufficient.

However with the new federal regulations allowing an adult child to be on a parents insurance until they are 26, that should override...
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