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California Juvenile Law Questions & Answers
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

James L. Arrasmith
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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
James L. Arrasmith
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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

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, 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, 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 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
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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, 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

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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

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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 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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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?

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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

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