Fictitious non-contact order

[British Chris]

Arkansas: A local woman is abusing her 16-year old daughter who works for us as a babysitter. The girl has filed for emancipation (court date Jun 14 2012) and wants to live with my wife and me. Following an incident when the mother threatened to knock her teeth out, the girl took refuge in our home. The woman has contacts in the local city police and on May 13, two officers came to remove the girl, who was handed over to her mother. On about May 17 a police Sgt falsely told the woman that he personally had served me and my wife with a non-contact order. To this day (Jun 1) no such order has been issued. The city police operate on the basis that there is a non-contact order against us. Is the Sgt in contempt of court? Was it a career-stopping act?

N.B. When I first posted this, I described the babysitter as a "nanny." This was an innocent mistake but caused a storm of indignation.

 

[TheGeekess]

Arkansas: A local woman is abusing her 16-year old daughter who works for us as a nanny. The girl has filed for emancipation (court date Jun 14 2012) and wants to live with my wife and me. Following an incident when the mother threatened to knock her teeth out, the girl took refuge in our home. The woman has contacts in the local city police and on May 13, two officers came to remove the girl, who was handed over to her mother. On about May 17 a police Sgt falsely told the woman that he personally had served me and my wife with a non-contact order. To this day (Jun 1) no such order has been issued. The city police operate on the basis that there is a non-contact order against us. Is the Sgt in contempt of court? Was it a career-stopping act?

Then she won't be emancipated.

I would steer as far away from the drama as possible and leave this woman and her daughter alone.

 

[TheGeekess]

Arkansas Code: 9-27-362. Emancipation of juveniles.

(a) A petition for emancipation may be filed in a circuit court by the attorney or the attorney ad litem for a juvenile who is in the custody of the Department of Health and Human Services pursuant to a dependency-neglect, dependency, or family in need of services case.

(b) The petition shall be served along with a notice of hearing to the juvenile's parent, legal guardian, or legal custodian.

(c) The circuit court has the authority to emancipate a juvenile in a dependency-neglect, dependency, or family in need of services case.

(d)(1) The court may emancipate the juvenile after a hearing on the petition if the petitioner shows by a preponderance of the evidence that:

(A) The juvenile is at least seventeen (17) years of age;

(B) The juvenile is willing to live separate and apart from his or her parent, legal guardian, or legal custodian;

(C) The juvenile has an appropriate place to live;

(D) The juvenile has been managing or has the ability to manage his or her own financial affairs;

(E) The juvenile has a legal source of income, such as employment or a trust fund;

(F) The juvenile has health care coverage or a realistic plan on how to meet his or her health needs;

(G) The juvenile agrees to comply with the compulsory school attendance laws; and

(H) Emancipation is in the best interest of the juvenile.

(2) The court shall consider the wishes of the parent, legal guardian, or legal custodian in making its decision.

(3) If the juvenile has an attorney ad litem, the court shall consider the recommendation of the attorney ad litem.

(e) An order of emancipation has the following effects:

(1) The juvenile has the right to obtain and consent to all medical care, including counseling;

(2) The juvenile has the right to enter into contracts;

(3) The juvenile has the right to enroll himself or herself in school, college, or other educational programs;

(4) The juvenile has the right to obtain a driver's license without consent of a parent or other adult so long as the juvenile complies with the remaining requirements of the driver's license law;

(5) The juvenile's parent, legal guardian, or legal custodian is no longer legally responsible for the juvenile;

(6) The juvenile may still be charged with a delinquency and prosecuted in juvenile court;

(7) The juvenile may not marry without parental permission pursuant to § 9-11-102;

(8) The juvenile is not relieved from compulsory school attendance;

(9) The department is not relieved from the responsibility of providing independent living services and funding for which the juvenile is eligible upon request by the juvenile;

(10) Child support orders are not terminated but may cease upon entry of an order from the court that issued the order of child support;

(11) Until the juvenile reaches the age of majority, the juvenile remains eligible for federal programs and services as a juvenile;

(12) The juvenile is not permitted to obtain items prohibited for sale to or possession by a minor, such as tobacco or alcohol;

(13) The juvenile remains subject to state and federal laws enacted for the protection of persons under eighteen (18) years of age such as the prohibition against a juvenile's obtaining a tattoo; and

(14) No statute of limitations is affected.

History. Acts 2005, No. 1990, § 19.

http://www.youthrights.net/index.php?title=Arkansas_Emancipation_Law

 

[British Chris]

"Removal of Disability of Age" ARS 9-26-104. says sixteen

I think the law was amended from 17 to 16 - correct me if I'm wrong.

 

[justalayman]

I think the law was amended from 17 to 16 - correct me if I'm wrong.

even if it has (and I haven't checked), what about:

(D) The juvenile has been managing or has the ability to manage his or her own financial affairs;

(F) The juvenile has health care coverage or a realistic plan on how to meet his or her health needs;

(2) The court shall consider the wishes of the parent, legal guardian, or legal custodian in making its decision.

and what does the cops career have to do with this? I suspect you might have been warned to stay away from the juvenile. Somebody may be misconstruing that as an RO.

Since she has already filed for emancipation, not sure what your problem is. She will get her day in court after which if the emancipation is granted, she can move in with you. If it isn't, I suspect the mother will obtain an actual RO against you and your wife. Until then, let it ride. If the kid is physically abused, I am sure she knows how to use a telephone to call the cops. It would only bolster her case in court if something happens.

and no, it does not appear the statute has been amended to 16.


Title 9 Family Law
Subtitle 3. Minors
Chapter 27 Juvenile Courts And Proceedings
Subchapter 3 -- Arkansas Juvenile Code

A.C.A. § 9-27-362 (2012)

9-27-362. Emancipation of juveniles.

(a) A petition for emancipation may be filed in a circuit court by any party to a dependency-neglect, dependency, family in need of services, or delinquency case.

(b) The petition shall be served along with a notice of hearing to the juvenile's parent, legal guardian, or legal custodian.

(c) The circuit court may emancipate a juvenile in a dependency-neglect, dependency, family in need of services, or delinquency case.

(d) (1) The court may emancipate the juvenile after a hearing on the petition if the petitioner shows by a preponderance of the evidence that:

(A) The juvenile is at least seventeen (17) years of age;

(B) The juvenile is willing to live separate and apart from his or her parent, legal guardian, or legal custodian;

(C) The juvenile has an appropriate place to live;

 

[anearthw]

If you believe this child is being abused then you should report to CPS. No, she does not get to choose who she gets to run away to. Her mother does not need 'contacts' in a police department to prevent you and your wife from having contact with her. She can state that you and your wife are interfering with her child and encouraging her to run away to your home. It sure sounds like you are welcoming her with open arms rather than contacting proper authorties so the mother isn't that far off, is she

You are way off base here.

 

[British Chris]

Proper Authorities

We are in constant contact with the girl's advocate, appointed by the Child Abuse Hotline, who directs the case for the State Police. They are obliged to handle the case with the presumption of innocence for the girl. Our problem is that the city police are not playing ball with the proper authorities and have planted themselves firmly on the wrong side of this child abuse case. My original question about the officer taking the court's name in vain has not yet been addressed.

 

[justalayman]

My original question about the officer taking the court's name in vain has not yet been addressed.

why does it matter? If there is no RO, then there is no RO. Given your concern not only for the possible statement but if it will damage the officers career is a bit odd. It sounds like you have a vendetta against the cop for some reason more than you are concerned about whether there is an RO or not.

but if you want to actually get into it:

On about May 17 a police Sgt falsely told the woman that he personally had served me and my wife with a non-contact order.

the woman (the mother?) told you the cop said something. Want to know what that is in court? Hearsay and is not worth the paper it is not written on. Beyond that, don't ya think the mother would say just about anything to get you to leave her kid alone?

 

[justalayman]

We are in constant contact with the girl's advocate, appointed by the Child Abuse Hotline, who directs the case for the State Police. They are obliged to handle the case with the presumption of innocence for the girl. Our problem is that the city police are not playing ball with the proper authorities and have planted themselves firmly on the wrong side of this child abuse case. My original question about the officer taking the court's name in vain has not yet been addressed.

actually what it appears to be is they are attempting to avoid you being charged with interfering with the parental rights of the mother. You have no standing in this issue and are way out of line involving yourself. Especially since she is a minor, you need to but your butt out of the situation. The courts are remiss in giving you ANY information and could actually cause problems for themselves.

 

[cbg]

Is the Sgt in contempt of court? Only if a court says he is.

Was it a career-stopping act? Only if his superiors say it was.

 

[British Chris]

16 or 17

and no, it does not appear the statute has been amended to 16.

Title 9 Family Law
Subtitle 3. Minors
Chapter 27 Juvenile Courts And Proceedings
Subchapter 3 -- Arkansas Juvenile Code

I handed over a couple of grand to a lawyer who said it was 16, and he filed the application. If it is actually 17, should I be able to demand a refund?

 

[justalayman]

I handed over a couple of grand to a lawyer who said it was 16, and he filed the application. If it is actually 17, should I be able to demand a refund?

demand what you want. I got that info from Lexis and is claimed to be up to date as April 24. If it was very very recently or the state has not updated that law, it may be incorrect.

http://www.lexisnexis.com/hottopics/arcode/Default.asp

A.C.A. § 9-27-362 (Copy w/ Cite)
Pages: 3
A.C.A. § 9-27-362

Arkansas Code of 1987 Annotated Official Edition
© 1987-2012 by the State of Arkansas
All rights reserved.

*** Legislation is current through the 2012 Fiscal Session and updates ***
*** received from the Arkansas Code Revision Commission through ***
*** April 24, 2012. ***

Title 9 Family Law
Subtitle 3. Minors
Chapter 27 Juvenile Courts And Proceedings
Subchapter 3 -- Arkansas Juvenile Code

A.C.A. § 9-27-362 (2012)

9-27-362. Emancipation of juveniles.

(a) A petition for emancipation may be filed in a circuit court by any party to a dependency-neglect, dependency, family in need of services, or delinquency case.

(b) The petition shall be served along with a notice of hearing to the juvenile's parent, legal guardian, or legal custodian.

(c) The circuit court may emancipate a juvenile in a dependency-neglect, dependency, family in need of services, or delinquency case.

(d) (1) The court may emancipate the juvenile after a hearing on the petition if the petitioner shows by a preponderance of the evidence that:

(A) The juvenile is at least seventeen (17) years of age;

(B) The juvenile is willing to live separate and apart from his or her parent, legal guardian, or legal custodian;

(C) The juvenile has an appropriate place to live;

(D) The juvenile has been managing or has the ability to manage his or her own financial affairs;

(E) The juvenile has a legal source of income, such as employment or a trust fund;

(F) The juvenile has health care coverage or a realistic plan on how to meet his or her health needs;

(G) The juvenile agrees to comply with the compulsory school attendance laws; and

(H) Emancipation is in the best interest of the juvenile.

(2) The court shall consider the wishes of the parent, legal guardian, or legal custodian in making its decision.

(3) If the juvenile has an attorney ad litem, the court shall consider the recommendation of the attorney ad litem.

(e) An order of emancipation has the following effects:

(1) The juvenile has the right to obtain and consent to all medical care, including counseling;

(2) The juvenile has the right to enter into contracts;

(3) The juvenile has the right to enroll himself or herself in school, college, or other educational programs;

(4) The juvenile has the right to obtain a driver's license without consent of a parent or other adult so long as the juvenile complies with the remaining requirements of the driver's license law;

(5) The juvenile's parent, legal guardian, or legal custodian is no longer legally responsible for the juvenile;

(6) The juvenile may still be charged with a delinquency and prosecuted in juvenile

and Lexis is where you get sent to when you go to Arkansas's website and search for Arkansas statutes

 

[Proserpina]

I don't see anything anywhere about this child being able to support herself.

How's that working out?

 

[Zigner]

I don't see anything anywhere about this child being able to support herself.

How's that working out?

OP claims that kiddo is her nanny. I sense a serious conflict here...and something not quite right.

 

[British Chris]

I got that info from Lexis and is claimed to be up to date as April 24. If it was very very recently or the state has not updated that law, it may be incorrect.

http://www.lexisnexis.com/hottopics/arcode/Default.asp

and Lexis is where you get sent to when you go to Arkansas's website and search for Arkansas statutes

Thanks for the info. I'll get with the girl's attorney on Monday.

He was away in Disneyworld for a week.

I'm beginning to think I'm there now.