California Government Broadens Reach over Delinquent Minors
Minors who commit a criminal offense are given a bit more leeway when it comes to the penalty handed down to them. However, a California state law passed at the beginning of April is about to change how juvenile delinquents are handled or, more accurately, where they are placed.
The State of California has broadened its reach over juveniles and their parents by issuing a law in which the state can remove an out-of-control child from the home, regardless of whether the mother or father have been negligent or are to blame.
The child may be placed with other family members, such as a grandparent, or they may enter into the foster care system. This action will likely only take place if the child is at a serious risk of physical harm, and if the parent is unable to supervise or protect the child.
Controlling Juveniles without Incarceration
In the most extreme of situations, a juvenile may be incarcerated. For the most part, however, the law allows for juveniles to remain mostly within their family home while being warned or serving time in some other fashion.
- Verbal warnings: In many situations, a minor will simply be told, verbally, to stop what they are doing. Often the respect for law enforcement is enough to stem future negative behaviors
- Fines: The minor individual may be asked to pay a fine or to pay compensation to any victims (i.e. if they were involved in a physical fight and caused injury to another individual
- Counseling: Counseling and therapy are encouraged components in rehabilitating and helping youth correct their bad behavior and poor decisions
- Community Service: Many times a juvenile will be sentenced to perform a certain amount of community service hours in his or her community rather than spend time in “juvenile hall”
- Electronic Monitoring: In more extreme cases, a minor may be required to wear an ankle or wrist bracelet that verifies where they are all day, every day
- Probation: If found delinquent, many judges will ask that a juvenile enter probation. During this period, the juvenile will need to adhere to a number of rules in order to fulfill his or her probation
Breaking probation may lead to fines or incarceration.
Our job as parents is to serve our children in the best way possible, and that begins with understanding their legal rights. The attorneys at the law office of Fischer & Van Thiel LLP welcome your call to arrange for a free consultation to discuss you and your child’s particular situation. We welcome your call today at (858) 935-6211.