A horrible mistake w/ a minor.

[thedumbguy100]

thank you

post deleted

 

[cyjeff]

Thank you for your reply cdwjava.
It's the legal aspects that I am asking for help with and very appreciative of the information you have provided.

No, puddin'... you asked about your license.

NOW you are asking about criminal charges because your license is toast.

I usually default to Carl... but it all depends on the contract you signed with the county or the contract your company signed with the county.

Bring a box with you to work tomorrow. You will need it.

 

[thedumbguy100]

...

post deleted

 

[cbg]

When you post on a public board, you don't get to pick and choose who responds.

 

[cyjeff]

cyjeff??
Can you please stop responding to my post.

If I keep responding, will you consider me at risk and give me weed, too?

Quite honestly, I am absolutely and utterly appalled at your behavior.

At no time in this thread have you... ONCE... wondered what your actions did to the child in your care.

You have bitched and moaned about your license and your criminal record.

What you have NEVER done is wonder what message you sent to a troubled child in your care....

You think that because his PARENTS are okay with your actions that those actions must be okay. You apparently slept through all those silly counseling classes you attended... unless you lied about those, too. You lied to your boss when confronted, after all. Apparently, lying is a default state of affairs to you... especially when confronted about your counseling and it's consequences.

I wouldn't agree to you being licensed to help abused collies, and you want to know if you can keep advising children on life choices.

Has it sunk in that your actions may have taken an at risk child down a path? That this turn of events is a much larger issue than what happens to you?

Why did you go into this line of work, anyway? Were all the cute girls in social work and you just found yourself with a degree?

Get out now. Spend the rest of your life repairing refrigerators or something. Good, honest work that won't ever allow you to influence a child's life this way again.

Is that clear enough for you, sparky?

 

[CdwJava]

thedumbguy,

Cyjeff provided the same position that many may be asking if and when it comes out that you returned the marijuana to the kid. While I seriously doubt that any serious criminal charges will come from this, there may well be more than a few people asking for your head over this. If your fortunate, the parents will not make an issue of it and as such, the usually touchy-feely folks at the counseling and social services offices may feel their tail is protected merely by disciplining you.

Unless you are for some reason legally responsible for the child (and I cannot conceive what contract or assignment you might have that would put an outpatient counselor in that position) you should be free from criminal consequences. But, as has been repeatedly pointed out, you made a big mistake that can very well impact this job and future assignments. Hopefully you will learn from this.

A rule of thumb: When in doubt, phone a supervisor. If that person said give it back, make a note of it and do as you are told ... then include it in a written report to cover your tail.

 

[stealth2]

You think that because his PARENTS are okay with your actions that those actions must be okay.

Well, apparently the parents were NOT okay with OP's actions - they did report him.

 

[cbg]

I did - it leads straight to you.

 

[cbg]

Well, there you have it folks, self-identified direct from the source.

TTW is full of hot air.

 

[CreativeBlock]

Well, there you have it folks, self-identified direct from the source.

TTW is full of hot air.

Hmm ... I would have guessed a solid.

 

[mistoffolees]

Here is the timeline from the OP's post.

The OP is working with a 16 year old.

A sibling to that 16 year old produced pot that the SIBLING said was found in the 16yr old's room.

The OP took the pot from the sibling and handed it to an at risk youth for disposal.

The OP works with the county government.

The OP then lied about what happened when the parents and the supervisor confronted him about the behavior.

That's pretty much the way I read it (except it's not clear if OP took the pot from the sibling or from the 16 yo).

If I were OP, I'd start looking for a new job - his won't be around very long. And be prepared to be talking to a criminal attorney if they do file charges.

Apparently he does not work for the county, his employer is a contractor. There can be a big difference. But, in this situation, it probably makes little difference other than to potentially expose the county to civil liability should the minor have been injured. This does not make him legally responsible for the child to the point where child neglect charges would likely apply. Likewise it does not grant him any legal requirement to seize marijuana or any other contraband. nor to report it.

Sorry, but the most serious criminal charge that leaps to mind is PC 272 - contributing to the delinquency of a minor, and even that might be a stretch.

We keep forgetting that the kid was in possession before the OP was involved. Even a mandatory reporter is not required to report the possession of contraband by a minor.

The OP screwed up and his employer may well be justified in letting him go, but I do not see a crime here ... aside from that I previously mentioned.

First, it's not clear who was in possession of the pot - whether it was the 16 yo or the sibling.

Even if it was the 16 yo's, I'm having trouble understanding how "the pot was his, so I gave it back to him" is going to fly for a mandated reporter.

 

[CdwJava]

First, it's not clear who was in possession of the pot - whether it was the 16 yo or the sibling.

Even if it was the 16 yo's, I'm having trouble understanding how "the pot was his, so I gave it back to him" is going to fly for a mandated reporter.

Read the laws for mandated reporting in CA ... it does not involve marijuana issues at all.

No law requires this in-home counselor, big brother, advisor, whatever to report the possession of marijuana (an infraction) or even harder drugs to the police. A contractual arrangement might obligate him to report it to the parents, but this would be a civil matter and not criminal.

Like it or not, folks, this is not likely to fall into the serious criminal realm absent some significant info that is missing.

EDIT: The issue here with regards to his "mandatory reporter" status (assuming one exists) is that he must report evidence of abuse or neglect. I have read nothing that indicates mom and dad may have permitted the marijuana to be in the home or that they provided it. Had they done so, then I would agree that he would have been obligated to report the marijuana to the authorities. However, under the circumstances, I would argue that no such obligation exists because no neglect or abuse was alleged, only the possession of contraband - contraband that he had no legal obligation to either seize or report. Then, of course, we can argue the issues with regards to reporting an infraction ... but, that's a different topic, I suppose.

 

[cyjeff]

Okay, that is just screwed up, Carl.

A mandatory reporter must tell if a mature 17 year and 11 month old is having consensual sex but doesn't care if the reporter has to walk through a pot grow to get to the child's playset?

That sucks.

 

[CdwJava]

Okay, that is just screwed up, Carl.

A mandatory reporter must tell if a mature 17 year and 11 month old is having consensual sex but doesn't care if the reporter has to walk through a pot grow to get to the child's playset?

That sucks.

If the pot is being smoked or grown by the parents, there may very well be an obligation. If mom and dad here supplied the marijuana to the child, there may very well be an obligation. But, even mandatory reporters are not required to report any and all offenses committed solely by the minor.

Had the OP been a passenger in a vehicle with the with the minor driving, and the minor rolled a stop sign (an infraction), the OP would not have been mandated to turn the minor in to the cops even though the act was unsafe (dangerous) and the same level of offense as possession of marijuana (both infractions). Likewise if the OP had found the minor in possession of stolen CDs from Wal-Mart he would not have been mandated to report it.

The mandate is to prevent further harm to the child by those who care for them. It is less a tool to compel a counselor to turn the minor in for assorted criminal offenses. In fact, an argument can be made that legal rules of confidentiality might apply in such cases (depending on the relationship).