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Juvenile Law Questions & Answers
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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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
T. Augustus Claus
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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?
James L. Arrasmith
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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.

T. Augustus Claus
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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

James L. Arrasmith
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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?
James L. Arrasmith
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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

James L. Arrasmith
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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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1 Answer | Asked in Criminal Law and Juvenile Law for Arkansas on
Q: 16 year old charged as adult ask for lawyer but they kept questioning. And twhen told bd did nothing is this righ

He was on probation and police knocked on the door and said they came cause he broke his probation and then they started searching my house, after throwing him down and basically used unnecessary force on 16 yr old very skinny boy. We asked for lawyer at station but they just kept questioning him.... View More

T. Augustus Claus
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answered on Nov 6, 2023

It is concerning that the police continued to question your son after he asked for a lawyer. This may be a violation of your son's Miranda rights. Miranda rights are the rights that the police must inform suspects of before they can question them. These rights include the right to remain... View More

1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law, Small Claims and Education Law for Oklahoma on
Q: Can a 13 year-old be charged for telling another 13 year-old to kill themselves if it leads to an attempt or planning?

My niece was humiliated at her school’s lunch, given a list of people who dislike her, and was told to kill herself. She then had a breakdown immediately following and the school had to send her to the hospital where she was referred to a child’s psychiatric unit in Tulsa, OK. I was told she... View More

Timothy Carignan
Timothy Carignan
answered on Nov 3, 2023

There have been cases of juveniles prosecuted for bullying a person to death. The schools will do something in their control to discipline these children, but there's a good chance they won't contact the police or Child Services in an attempt to minimize the exposure. If they don't,... View More

3 Answers | Asked in Juvenile Law and Education Law for Minnesota on
Q: I have a 12 yr old sixth grader. Has mental illness p.t.s.d. and more. Can he be charged with assault?

Has a I.E.P and behavioral plan. The public schools do not know how to regulate a child with disabilities. So he has always struggled in school. Wright county is trying to charge him with 4th degree assault on a officer (felony) and 4th degree assault on school staff.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 3, 2023

Can a delinquency petition be filed? Yes. Is your child going to be adjudicated delinquent? That is impossible to predict with the information that is provided in this question. But the Court will certainly take into consideration any mental health issues and appropriate programming when... View More

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3 Answers | Asked in Juvenile Law and Education Law for Minnesota on
Q: I have a 12 yr old sixth grader. Has mental illness p.t.s.d. and more. Can he be charged with assault?

Has a I.E.P and behavioral plan. The public schools do not know how to regulate a child with disabilities. So he has always struggled in school. Wright county is trying to charge him with 4th degree assault on a officer (felony) and 4th degree assault on school staff.

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 3, 2023

Age alone would not be a defense to assault charge for a 12 year old. But there are many defenses to an assault charge. Among those mental illness can sometimes be a defense. But I'd suggest keeping an open mind, and working with a defense attorney to get all the available information... View More

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1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: Are there attorneys who represent minors for harassment charge ?

13 & 11 year old. Wish to fight the charges due to State Police not conducting investigation thoroughly. Oldest son did not participate but was in room on Xbox yet still gets charged and youngest sons friend lied at school saying he wasn’t here during the incident with my youngest. I have... View More

James L. Arrasmith
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answered on Oct 22, 2023

In Pennsylvania, attorneys can and do represent minors in criminal matters, including harassment charges. Given the situation you've described, it's crucial to secure legal representation for your children as soon as possible. An experienced attorney will evaluate the evidence, question... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: could we beat DCFS if disposition taken under advisement?

fighting DCFS. judge took disposition under advisement as we provided exhibits to back our testimony that caseworker had lied about having an empty file for respondent parents. Evidence given were emails from the case worker suggesting where to go for assessments, certificates of completion, drug... View More

Cheryl Powell
Cheryl Powell
answered on Oct 18, 2023

Yes. Sometimes a judge wants to make a written finding and send it to everyone in writing, sometimes they want to enable saving face for a party or a witness. Or sometimes they haven't made their mind up yet and are rethinking witness testimony. There can be a number of reasons for a judge... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Louisiana on
Q: Can a Forensic Psychologist interview a nine year old child alone in Louisiana?
T. Augustus Claus
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answered on Oct 16, 2023

Yes, a forensic psychologist can interview a nine-year-old child alone in Louisiana, but they must obtain the child's consent and the consent of the child's parent or guardian before conducting the interview. The interview must be conducted in a safe and comfortable environment for the... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Juvenile Law for Colorado on
Q: An affidavit, demand letter or a motion/ complaint to give first notice of violation by government officials.

I have claims against a few officials but I don't know just how far or what type of legal counsel otlr who I tell my story in order to make sure it follows through all the way.

James L. Arrasmith
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answered on Oct 15, 2023

If you believe government officials have violated your rights, initiating legal action begins by documenting all relevant facts, evidence, and interactions. Depending on the nature of your claim, an affidavit, a demand letter, or filing a formal complaint might be appropriate. Before taking any... View More

1 Answer | Asked in Family Law, Social Security, Civil Rights and Juvenile Law for Pennsylvania on
Q: Parent withholding 18-year-old child’s social security card and photo ID

My younger sibling is 18 and graduated high school but is still living with our mom.

My sibling doesn’t have a job or bank account yet. My sibling has a PA photo ID, but our mom insists on keeping it in a “safe place” because she wants to control my sibling. (She refuses to accept... View More

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answered on Sep 28, 2023

Your sibling can request a replacement Social Security card by providing documents to prove their identity, such as a passport or driver's license. If they don't have those documents, they may need to contact the Social Security Administration for guidance on alternative methods of... View More

1 Answer | Asked in Family Law and Juvenile Law for Arizona on
Q: If I have filled out a petition against someone and have a court date already can someone file the same one on me??

I filled out A Established paternity with legal decision-making legal custody parenting time and child support Against my Girlfriend And now DCS is trying to file an order of EX Party children To remove children from my custody in control And physically is that possible

Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2023

Yes, DCS can do that. In fact, if DCS starts a proceeding to remove the children, the custody case in the family court is paused while the DCS proceeding goes through the juvenile court because, by law, DCS proceedings take precedence over custody proceedings.

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