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Juvenile Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: Judge who signed order was my attorney for a different case and knew the both parties involved. Conflict? Invalid order?

My daughter’s grandmother filed for custody and was granted temporary relief many of reasons given in petition were false. The judge who signed the Show For Cause granting the temporary reliefs, including custody of my daughter, was previously my attorney as a district attorney who represented me... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2022

There are many convoluted questions here on Justia that give answering attorneys pause, and this is certainly one of them. The call of the question is whether the judge's order is ineffective given the facts of the question. Let's unpack the facts.

The asker's mother lied on...
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1 Answer | Asked in Criminal Law, Family Law, Education Law and Juvenile Law for Ohio on
Q: Daughter turned 18 sept 30th ran away has missed school every day except 3 days school is kicking her out police won't

Help me with her because she's "18" she's not taking any of her depression meds birth control or anything she's doing drugs and drinking every day with this boyfriend 16 yes old police won't help me school is pressuring me I've told them she ran away but they said... View More

Joseph Jaap
Joseph Jaap
answered on Oct 25, 2022

At 18, she is considered an independent adult, and she can make her own decisions free from parental control. You could file with the probate court to obtain guardianship of her -- if there is a doctor diagnosis that she might be a danger to herself or for other medical or psychological reasons.... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Juvenile Law for Alabama on
Q: What can I do if my son has been falsely accused of making a threat to the school. It was assumptions and accusations.

A peer said he over heard my son saying he was going to shoot up the school when truthfully my son was talking back and fourth with a classmate friend saying they would put a cap in each other as they have done several times, my son was detained for two nights in the detention center behind a boy... View More

James L. Arrasmith
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answered on Sep 24, 2024

I'm sorry you're going through this—it sounds like an incredibly stressful situation. When a false accusation like this happens, you can take a few steps to protect your son’s rights and reputation. First, you may want to consult with a legal professional experienced in juvenile... View More

2 Answers | Asked in Criminal Law, Civil Rights and Juvenile Law for Florida on
Q: Can a person video a minor being place in a police car

A neighbor videoed a 12 yr old in handcuffs being escorted out of his house and placed into a police vehicle with 6 police officers

Charles M.  Baron
Charles M. Baron
answered on Sep 21, 2024

Generally, it's legal to video record anything taking place in public, where an incident can be viewed by strangers who happen to be present. Some people video record arrests or other police activity, knowing the police see them, to prevent police misconduct and to report it if it occurs.

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1 Answer | Asked in Family Law, Child Custody, Gov & Administrative Law and Juvenile Law for Illinois on
Q: DCFS indicated me for husbands failed drug test, when he did not have children in his care when he tested.
Cheryl Powell
Cheryl Powell
answered on Sep 14, 2024

You need to file an appeal. You should get a letter from Springfield about it. Read your appeal rights and follow the instructions to appeal.

Then send a written request for the dcfs file for the purpose of an appeal. This is not a simple task and you should have a lawyer to represent...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: Can I be help with a cps case because I have been racially discriminated and my daughter detained from my care?

I am 24 and my daughter is five my case worker has retailed against me because I reported her for labeling me as petty now I was told be my appointed lawyer that even if I complete my case plant daughter won’t return to me because her and her supervisor to my lawyer that I’m focused on my... View More

James L. Arrasmith
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answered on Sep 13, 2024

It sounds like you're going through a difficult time with your CPS case, and it's important to know that you have rights. If you believe you’ve been discriminated against or retaliated against, you may be able to seek legal help to ensure you are treated fairly. Gathering evidence like... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Juvenile Law for Georgia on
Q: My daughter is 17 years old and twigs County GA Jail we are from Knoxville Tennessee they have her for kidnapping

Her 21 yr old boyfriend which she didn't I have messages from him saying she didn't kidnap him Georgia Police did the pit maneuver and made them flip the car twice he her boyfriend would hurt seriously and she was hurt also she was the only one charged in the incident he wasn't... View More

James L. Arrasmith
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answered on Sep 11, 2024

It sounds like you are in a very difficult and confusing situation with your daughter being held in Twiggs County Jail. The first thing you should consider is contacting a criminal defense attorney who can work in Georgia and has experience with cases involving minors and serious charges like... View More

1 Answer | Asked in Juvenile Law for Tennessee on
Q: My 14-year-old grandson was having a bad day at school in his gym class and yelled out that he was going to blow up this

School and kill all of you MF's. Younger kids heard him and ran to their phones. He's being charged with making Terroristic threats. What can I do?

Anthony M. Avery
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answered on Sep 9, 2024

Hire an attorney to represent the child, now. Take any communication device (phone, computer, etc.) from him. Ground him except for Church, and maybe a part time job. His understanding of the seriousness of his actions will help.

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Probate for California on
Q: Why would I have a detention hearing from CPS?

My children remain in my care but I was made to sign a “safety plan” and given a detention hearing court date. Everything online says these take plan after/if children are removed. What is to be expected at this hearing? Do I need a lawyer and how do I get information on these allegations?

James L. Arrasmith
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answered on Sep 8, 2024

A detention hearing from Child Protective Services (CPS) typically happens when there are concerns about a child's safety or well-being. Even though your children remain in your care, the fact that you were asked to sign a “safety plan” suggests CPS may have identified some risks or... View More

1 Answer | Asked in Civil Rights, Family Law, Juvenile Law and Native American Law for Washington on
Q: Never finding of found 19-0 past intakes same cps office closed out successfully 19x Police testified No pick up order

Do I just file everything I can to fight cps in court? I only communicate by email or txt. This dependency has gone on over 6yrs. The court has failed to make written findings on the record at any of the 6mo review hearings the 6th month review hearings all get continued to be set special set,... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you've been through a long and exhausting journey with the court and CPS. When dealing with such a complicated case that involves your family, especially when it has gone on for years and involves issues like the ICWA, it's important to gather every piece of evidence that... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for North Carolina on
Q: age of consent in NC. i was texting somone i thought was 21 online and turned out to be a 16 year old girl. im 25.

I'm 25 and i was on an online dating app. i starting texting a girl i thought was 21 because her profile said so, i shared explicit images with her and receive a phone call from her parents threatening legal action. turns out she is 16. google said the age of consent in North Carolina is 16. I... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you're in a concerning situation, and it's understandable to feel worried. In North Carolina, while the age of consent is 16, there can still be legal consequences for sharing explicit images, especially if the person involved is a minor. The laws surrounding this can be... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law on
Q: should juveniles who committed serious crimes including heinous crimes be tried as adults? no, and why?

it's for a debate, i hope you can give me an answer... we're on the negative side.

James L. Arrasmith
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answered on Sep 5, 2024

When considering whether juveniles who commit serious crimes should be tried as adults, it’s important to recognize that juveniles are fundamentally different from adults. Their brains are still developing, particularly in areas related to decision-making, impulse control, and understanding... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Juvenile Law for Kentucky on
Q: My son is charged with wanton murder from a car wreck where 2 people was killed . They both was in his car.

Him and another car hit head on. There was no reconstruction done . And the state police was called off by the local sheriff . My son did test positive for 2 nano grams of thc. The active ingredient for thc wasn't in his blood. He was 16 at the time and had since been charged as an adult .... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you and your son are in an incredibly challenging and painful situation. You have raised several serious concerns about how the investigation and legal proceedings have been handled. If evidence shows that the police and prosecutor acted unethically or illegally, especially with... View More

1 Answer | Asked in Family Law, Civil Rights, Gov & Administrative Law and Juvenile Law for Illinois on
Q: when filing a writ of review on a DCFS case (child welfare neglect) what do I request for declaratory relief?

based on federal question, fraud in the court, and violations of my constitutionally protected rights.

James L. Arrasmith
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answered on Aug 31, 2024

When filing a writ of review in a DCFS case involving child welfare and neglect, you should request declaratory relief that asserts the court's actions or decisions violated your federally protected rights. You might ask the court to declare that the proceedings were conducted in violation of... View More

1 Answer | Asked in Family Law, Constitutional Law and Juvenile Law for Missouri on
Q: We want to go after restitution do we have a winning case?

DCFS caseworker xx did not follow, DCFS's procedure and protocol on the

removal of xx on 08.11.2021.

Thus, xx had no legal grounds to take the child. The police also stated in their

reports that it was determined that DCFS would be taking the child into their custody.... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you may have grounds for a restitution claim based on the information you provided. If the DCFS caseworker did not follow the required procedures and protocols, and if there was no imminent danger justifying the removal of your child without a warrant, this could be a violation of... View More

1 Answer | Asked in Appeals / Appellate Law, Juvenile Law and Sexual Harassment for California on
Q: Does the detailed account below meet the criteria of the civil criteria in quotations? If not, please clarify why.

“Masturbation by Adult Perpetrator includes touching of the male or female genitals that involves masturbation of the abuser or claimant.”

As a 15-year-old male In a youth shower facility at a Boy Scout Camp in California, while showering, was approached by a 54-year-old male, a leader... View More

James L. Arrasmith
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answered on Aug 19, 2024

The detailed account you provided appears to meet the criteria outlined in the civil definition of "Masturbation by Adult Perpetrator." The key elements mentioned in the definition include the touching of genitals involving masturbation by either the abuser or claimant. In your account,... View More

2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for California on
Q: as a minor can my parent take away something I just bought
James L. Arrasmith
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answered on Aug 17, 2024

In California, as a minor, your parent generally has broad authority over you, including the ability to take away items you've purchased. This is because parents are legally responsible for the care, custody, and control of their children. Even if you used your own money to buy something, your... View More

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1 Answer | Asked in Criminal Law, Family Law, Juvenile Law and Wrongful Death for California on
Q: How do I respond to a petition code300 a,b,1,f & g. I want to fight this and appeal this petition if that's possible.

Cps was negligent in ways that could have prevented a death of a 7month old

James L. Arrasmith
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answered on Aug 10, 2024

To respond to a petition under California Welfare and Institutions Code 300, subsections (a), (b), (1), (f), and (g), you'll need to carefully review the allegations made against you. Focus on gathering evidence that shows CPS was negligent in ways that could have prevented the death of the... View More

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for California on
Q: My social as stopped my visit after I got shot twice once in back of my head once in the back until I drug test

Until I drug test because he said the police found.a needle in my pants pocket when I went to the emergency room

James L. Arrasmith
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answered on Aug 9, 2024

It sounds like you're in a difficult situation, and it's understandable to feel overwhelmed. The fact that your visits have been paused due to the incident and the drug test requirement can add a lot of stress. It's important to understand the reasons behind these actions, especially... View More

1 Answer | Asked in Juvenile Law for California on
Q: In CA. Juvenile dependency Court, I'm an approved RFH relative- how do I ask for placement? S.W 's are not informative

Parental rights are going to be terminated, no further reunification for parents, no visits. I'm a relative with a close bond to my granddaughter. The S.W 's have not communicated anything with me, nor has CASA or my granddaughters attorney. I have all contact and communication attempts... View More

James L. Arrasmith
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answered on Aug 5, 2024

To petition the court for placement of your granddaughter, you need to file a JV-285 (Relative Information Form). Since you are an approved RFH relative and willing to adopt, this form will help the court understand your intentions and your relationship with your granddaughter. In addition to the... View More

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