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  1. #1
    anboul is offline Junior Member
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    minor questioned without parent

    What is the name of your state (only U.S. law)? NC

    I'm going to give you the short version. My minor son was accused of touching a minor girl. There hasn't been any charges, nothing can or has been proven.

    Well, my son was questioned at school without a parent being present or notified. The school don't even who it was. They don't have a name. They couldn't even tell me how or if they even verified the person's id. After the woman I spoke with called me back. She said someone form the Dept of Juvenile Justice came, but still had no name. She then said she contacted their legal department, and they said they have to legally let him talk to the person. Well, I spoke with the Dept of Juvenille Justice, and they said they didn't come out to his school. They also said that they wouldn't come out unless he has been arrested before, been to court, etc (which he has not).

    I have two questions: 1) Can a minor child be questioned by the police, DSS, or anyone regarding an offense or as a suspect in any matter without a parent being present or notified?

    2) Do I have some type of legal recourse against the school?
  2. #2
    Antigone* is offline Senior Member
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    1 - yes.

    2 - no.
  3. #3
    mistoffolees is offline Senior Member
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    Quote Originally Posted by Antigone*of*Greece View Post
    1 - yes.

    2 - no.
    3. You should try to get to the bottom of the matter yourself. Touching a minor is a VERY serious matter and if it's true, you need to deal with it. Even if you think it's not true, if charges are ever filed, get an attorney. If you have reason to believe that it might be true, get the kid into counseling - even if charges are never filed.
  4. #4
    anboul is offline Junior Member
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    Thank you. It's not true. He was sitting between two other people and the child had on tight jeans and a pullup. The other people didn't see anything, they would have noticed something like that, plus her pants were never unbuttoned. The mother has already been in this situation before, so I just believe she's on edge and letting everything get to her (which is understandable). I know my son didn't do this, but if she's so sensitive with it, she needs to have her children with her.
  5. #5
    Isis1 is offline Senior Member
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    Quote Originally Posted by anboul View Post
    Thank you. It's not true. He was sitting between two other people and the child had on tight jeans and a pullup. The other people didn't see anything, they would have noticed something like that, plus her pants were never unbuttoned. The mother has already been in this situation before, so I just believe she's on edge and letting everything get to her (which is understandable). I know my son didn't do this, but if she's so sensitive with it, she needs to have her children with her.
    are you under the impression a child cannot be molested unless the child is naked?
  6. #6
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Isis1 View Post
    are you under the impression a child cannot be molested unless the child is naked?
    Glad you asked because that was also the idea I was getting.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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