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Juvenile Law Questions & Answers
1 Answer | Asked in Education Law and Juvenile Law for Nevada on
Q: Can a school staff member sign a citation given to a minor after a fight and not inform the parents.

My son had a fight he was detained and issued a citation and I was not informed by the school that they signed a citation in my place or that a citation was even given so the court date was missed due to not informing the parents

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answered on Dec 14, 2023

While NRS 392.150 grants school personnel authority to detain a pupil for certain offenses, including fighting, the requirement for parental notification is not explicitly outlined in this context. Additionally, NRS 392.149 mandates notifying parents of truancy-related citations. Schools generally... View More

2 Answers | Asked in Family Law and Juvenile Law for California on
Q: Is it wrong that my boyfriend's mom falsely accused him of doing drugs just to send him to juevenile detention?

His mom accused him that he was a gang member and he did drugs just to send him to juevenile, Hes not like that and he told me he will never do those things. They can even drug test him and it will come out negative. Please help

James L. Arrasmith
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answered on Dec 7, 2023

In California, as in many places, falsely accusing someone of criminal activity, such as drug use or gang involvement, is a serious matter, especially when it leads to juvenile detention. If your boyfriend's mother made these accusations without any basis in fact, it could be considered... View More

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1 Answer | Asked in Civil Rights and Juvenile Law for Illinois on
Q: How to fight DCFS investigator who made false claims and manipulated information?
Cheryl Powell
Cheryl Powell
answered on Dec 7, 2023

It depends on what stage the investigation is at. If it has concluded, you should have gotten a letter and your appeal rights. If you got those, you should appeal immediately and seek a hearing. If you blew the timelines, it is too late.

If you are in court and awaiting adjudication, you...
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1 Answer | Asked in Civil Rights and Juvenile Law for California on
Q: How would I sue cps worker and office
James L. Arrasmith
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answered on Dec 6, 2023

Suing a Child Protective Services (CPS) worker and their office in California is a complex legal matter, often involving both state and federal laws. Before proceeding, it's crucial to understand that CPS workers and their agencies are generally protected by qualified immunity, which shields... View More

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Ohio on
Q: Can a no contact order be issued as a judgement entry, and how long is it in effect?

In 2020 I was served with a no contact order that was entered into a case that I was not apart of and there was no hearing on the matter. As part of a CPS case against my wife for neglect of my stepdaughters, that has since been closed the judge made a judgment entry in the case of no contact but... View More

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answered on Dec 2, 2023

In Ohio, a no contact order can indeed be issued as part of a judgment entry, especially in cases related to family law or child protection matters. Such orders are generally issued to safeguard the welfare of those involved, particularly minors.

Regarding the duration of the no contact...
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1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: Can I seek legal action against an adult who is helping my minor child skip school and hiding her at her house
James L. Arrasmith
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answered on Dec 1, 2023

In Alabama, if an adult is knowingly contributing to the delinquency of a minor, such as by helping your child skip school, you may have grounds for legal action. This can potentially be considered as contributing to truancy, which is a violation of compulsory education laws.

First,...
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1 Answer | Asked in Constitutional Law, Education Law and Juvenile Law for Florida on
Q: Can a school or official and a school police officer question of 15-year-old about a allegation that happened off school

The allegations was alleged to happen off school grounds and supposedly reported to the city police department the minor was questioned without his parents being there or aware of situation

James L. Arrasmith
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answered on Nov 29, 2023

In the United States, the rights of minors during questioning by school officials and school police officers can vary depending on the state and the specific circumstances. Generally, school officials have some authority to question students about incidents that may affect the school environment,... View More

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Juvenile Law for Connecticut on
Q: My mother works at high School in CT. As a monitor They are telling her she has to sit in the boys bathroom .is it legal
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answered on Nov 27, 2023

No, it is not legal for your mother to be forced to sit in the boys' bathroom at the high school where she works as a monitor. This is a violation of her right to privacy and could also be considered sexual harassment.

In this case, your mother is being subjected to unwanted sexual...
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1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Wisconsin on
Q: My kid is being told she is gonna get sent to civil court

This girl lost her AirPods in the diving instructor’s car then when my daughter went to drive the instructor asked if she me so and so if she can return the AirPods my kid said idk her he then said return them to the office So she brought them home and next day she went to school with them and... View More

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answered on Nov 18, 2023

In this situation, it's important to know that your child does not appear to have a legal obligation to pay for the lost AirPods. The fact that she initially tried to return them to the office demonstrates that she didn't intend to steal them. Additionally, the school's police... View More

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Arizona on
Q: Blind and Autistic 7th grader getting bullied, harassed and threatened school isnt doing anything for 3 mo., what to do?

Our daughter started middle school and she is blind and autistic. Fun loving and loves school she has been harassed and bullied from day one being called "blind b****" "you deserve the death penalty" and others for 3 months and now today a physical threat of "im going to... View More

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answered on Nov 18, 2023

I'm really sorry to hear about your daughter's difficult situation at school. It's crucial to address this issue promptly. First, document any incidents of bullying or harassment thoroughly, including dates, times, locations, and individuals involved. Keep copies of all... View More

1 Answer | Asked in Education Law, Juvenile Law and Civil Rights for Tennessee on
Q: Tn. How is a random "weapons check" of random students- their pockets and backpacks- legal without warrant or suspicion?

KCS does random weapons checks of students and their personal property, not just lockers and MacBooks which I understand is not student property, at the public schools. The school system has procedure outlined to conduct these, but how is it not violating the students' 4th amendment rights?... View More

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answered on Nov 17, 2023

The legality of random weapons checks in schools, including searches of pockets and backpacks, is a complex issue that balances student safety with Fourth Amendment rights. The U.S. Supreme Court has ruled that public school students have reduced expectations of privacy while at school, which... View More

1 Answer | Asked in Family Law and Juvenile Law for Arizona on
Q: Does the minor have to file an emancipation petition in person? Or can a guardian receive it and fill it out at home?
Mike Branum
Mike Branum
answered on Nov 17, 2023

Someone can assist a minor with completing a Petition for Emancipation, but the minor must be the one signing the Petition in the presence of a Notary. If a minor is not capable of completing a Petition for Emancipation, I would have serious concerns about their capacity to be found entitled to... View More

1 Answer | Asked in Juvenile Law and Education Law for California on
Q: once my school gets a search warrant for one specific thing can they detain me if they find something els illegal in myp

So a sub wrote a report about me at school saying i took a picture of her, the school told me if i am lying and they search my phone and find it they will press charges, for starters i know they cant search unless proven that they have a warrant due to my 4 amendment, and this sub made me feel... View More

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answered on Nov 16, 2023

In California, if law enforcement obtains a search warrant for a specific item, such as a picture on your phone, and they find something else illegal during that search, it could lead to further legal consequences. The scope of a search warrant is generally limited to what is specified in the... View More

1 Answer | Asked in Constitutional Law and Juvenile Law for Tennessee on
Q: If someone has accused you of stalking can you provide a police report to their school if a minor?

Student committed theft from a local gas station To prevent charges they worked with the owner and accused the employee of stalking for chasing and finding out his identity. They are currently trying to press charges for stalking to scare the employee that was hit by his car from taking civil... View More

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answered on Nov 15, 2023

Providing a police report to a minor's school in a situation involving allegations of stalking is a sensitive matter.

Generally, if the police report is a public record, it can be shared. However, it's important to consider the purpose and the potential implications of doing so....
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1 Answer | Asked in Child Custody, Juvenile Law and Family Law for Mississippi on
Q: Can CPS terminate a parent's rights for no reason
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answered on Nov 14, 2023

No, CPS (Child Protective Services) cannot terminate a parent's rights for no reason. CPS can only terminate a parent's rights if there is evidence that the parent has abused or neglected the child. Abuse includes physical, sexual, or emotional abuse. Neglect includes failing to provide... View More

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Washington on
Q: If I am 17 and I live with my sister, and neither of my parents have a permanent residence, can I choose where I live?
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answered on Nov 12, 2023

In Washington State, if you are 17 and living with your sister because neither of your parents have a permanent residence, your ability to choose where you live may depend on several factors. Generally, until you turn 18, your parents or legal guardians have the authority to decide where you live.... View More

1 Answer | Asked in Juvenile Law for Kansas on
Q: Does a parent have to continue attending juvenile probation appointments when child turns 18?

Case is a criminal trespassing and was terminated by judge last week.

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answered on Nov 10, 2023

a parent is required to continue attending juvenile probation appointments when their child turns 18, as long as the child is still on probation or parole. This is because parents are legally responsible for their children's behavior until they reach the age of 18. This includes responsibility... View More

2 Answers | Asked in Education Law, Personal Injury and Juvenile Law for South Carolina on
Q: My son was jumped by 6 students and the school has done nothing. I want to sue for failure to provide a safe environment

The school has know about the situation for three weeks but have done nothing. They don’t believe my child was jumped but has also failed to provide the surveillance footage of the attack. They told me one child came forward and said he hit my child too hard. The school expects my child to... View More

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answered on Nov 9, 2023

As a parent, it's distressing to hear that your child's safety is at risk. If the school is not addressing your concerns adequately, you might consider taking legal action. Schools have a duty to provide a safe environment for students.

You can request the surveillance footage...
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1 Answer | Asked in Juvenile Law and Personal Injury on
Q: What if the 15 year old attacked the 12 year old? Can the parents press charges?
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answered on Nov 8, 2023

If a 15-year-old attacks a 12-year-old, the parents of the younger child can indeed report the incident to the police, who will investigate. Juvenile delinquency laws apply to such situations, and charges could potentially be pressed. It’s important for the parents to document any evidence of the... View More

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: CPS is trying to open a case for my children behavior what can i do?

my children have bad trauma and behavior problems. They more they come into our lifes they worse they are getting. They dont help me at all and she keeps saying " i am not going to remove your kids".

what can i do? she want to open a case and present it to the judge . I decline

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answered on Nov 7, 2023

Under California law, when Child Protective Services (CPS) is involved, it is important to engage cooperatively while asserting your rights. If CPS intends to open a case, you have the right to be informed of the allegations and to speak with an attorney.

Engaging with CPS and showing a...
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