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escape from abuse 16 y/o california

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motstudios

Junior Member
Name of the state the person lives in? california
Name of the state I live in? NC

ok, I know this 16 y/o whos birthday is in late january. her parents and family mentally, physically and emotionally abuse her. they are always putting her down and calling her names and saying she is useless and worthless and stupid and ugly and fat and she is not. they also hit her and threaten her and have her brainwashed into thinking shes ugly and fat. she is more intelligent than most people and isnt one bit ugly. what i want to know is, what are the legal ways of getting her out of that house?

she has a full time job, she has a car and plenty of people willing to help her. she still goes to school and still manages to get an A average (yes shes intelligent). she doesnt deserve to be abused like that and her parents are saying she isnt leaving till shes 18 but i know at least in NC ive seen plenty of 16 y/o's move out and do it legally so is that the same for california?

thank you for any help.
 


rmet4nzkx

Senior Member
She cannot be working full time in California, legally.
If she is a straight A student and still able to work, go to school etc. she should have enough sense how to report abuse and to get help. She has 1 year and 1 month left before she can leave her parents home. If she doesn't know, tell her to go to her school counselor. Encourage your friend to have a good self image, but you are too far away and she is the one that has to live her life and make plans for the future. If she keeps her grades up, then most likely she will have a good future ahead and able to go to college, then she will have some freedom, now is not the time to rock her boat unless that is what she wants. Many children feel emotionally abused by their parents, many have strict parnets because there are so many dangers encountered in the real world. Let your friend get through the next year with your support, what ever her choice is in her relationship with her parents.
 

motstudios

Junior Member
she wants out. and i dont call calling ur daughter a bitch just strict, i call it stupid. she needs someone to help her to get out because she doesnt know what to do but wants and needs out.

i actually heard her mom calling her stupid and idiotic and fat and a bitch while i was on the phone with her so i know she is. her mom was yelling at her because she got mad at her brothers for eating her lunch and her mom yelled at her for being mad at her brothers.

my mother raised me great, she managed to walk that fine line of keeping me disiplined yet not putting me down and also encouraging me. i only had my mom to raise me cuz my dad was stupid and said i wasnt his and even after he was proved i was his he still didnt want anything to do with me. but ive been through mental and physical abuse by men wanting to be my dad and i know it hurts and its hard and i will forever be messed up thanks to them. this girl has too much of a future ahead of her to have it ruined by stupid parents who have no clue how to raise kids. i hate to say it but they dont deserve to have kids. i dont even think they deserve to have a pet.
 

stealth2

Under the Radar Member
She can talk to a required reporter (school counselor, doctor, etc) or she can call CPS herself. But she can't simply move out.
 

BelizeBreeze

Senior Member
rmet4nzkx said:
She cannot be working full time in California, legally.
And again, you are incorrect.

Sixteen and seventeen-year-olds, who have not graduated from high school or who have not received a certificate of proficiency may opt to attend part-time classes. Those who are regularly employed must attend continuation classes for at least four hours per week. Those not regularly employed must attend continuation classes for at least 15 hours per week [EC 48400 and 48402]. No minor may legally drop out of school entirely.

Except in limited circumstances defined in law and summarized below, all minors under 18 years of age employed in the state of California must have a permit to work [EC 49160; LC 1299]. The federal Fair Labor Standards Act also requires a certificate of age for working minors. The state Permit to Employ and Work ("Permit") is accepted as the federal certificate of age [29 CFR 570.9]. The minor’s school issues Permits to Employ and Work. [EC 49110, 49112, 49113, 49116].

This, in no way, should be construed as permission to just get up and go. I would strongly suggest you follow stealth's advice and take her to a school counselor. However, calling her a bitch, fat, stupid and idiotic will NOT be grounds to allow her to emancipate or leave on her own. It may be grounds to begin counselling for her and mom, or for CPS to investigate, but that's it.
 

motstudios

Junior Member
However, calling her a bitch, fat, stupid and idiotic will NOT be grounds to allow her to emancipate or leave on her own.
it should be because to me that is verbal abuse and can scar someone for life. no amount of "counseling" will ever be able to ease that pain. i know cuz ive been verbally abused and ive been to counseling and it still hurts and has warped my relationship abilities. it makes me where i have a hard time being intimate. it makes it hard for me to keep friends. it makes it just hard for me. it pisses me off when some ignorant parents verbally, mentally, physically and emotionally abuse their children. if i had my way, anyone who abuses children would be horse whipped and put in stocks for a month to a year for each case. yes i know that seems a little much but think about it. if every law was more strict on the punishment, it would REALLY cut down on crime and stupidity. its bad when someone can get more time in jail for a lapse in insurance than someone who brutally beat someone till they almost dead.
 

rmet4nzkx

Senior Member
BelizeBreeze said:
"She cannot be working full time in California, legally."
And again, you are incorrect.

Sixteen and seventeen-year-olds, who have not graduated from high school or who have not received a certificate of proficiency may opt to attend part-time classes. Those who are regularly employed must attend continuation classes for at least four hours per week. Those not regularly employed must attend continuation classes for at least 15 hours per week [EC 48400 and 48402]. No minor may legally drop out of school entirely.

Except in limited circumstances defined in law and summarized below, all minors under 18 years of age employed in the state of California must have a permit to work [EC 49160; LC 1299]. The federal Fair Labor Standards Act also requires a certificate of age for working minors. The state Permit to Employ and Work ("Permit") is accepted as the federal certificate of age [29 CFR 570.9]. The minor’s school issues Permits to Employ and Work. [EC 49110, 49112, 49113, 49116].

This, in no way, should be construed as permission to just get up and go. I would strongly suggest you follow stealth's advice and take her to a school counselor. However, calling her a bitch, fat, stupid and idiotic will NOT be grounds to allow her to emancipate or leave on her own. It may be grounds to begin counselling for her and mom, or for CPS to investigate, but that's it.
Sorry, but you are wrong.
I said "She cannot be working full time in California, legally."
She may work part time legally with a work permit.
Of course to work legally in California, requires a minor to have a work permit unless they have graduated, earned a GED or passed the CHSPE they are not allowed to work full-time eg 40 hrs per week while attendind high school, which is why they are also required to at least attend school a minimum number of hours.

If this girl is a straight A student she should be able to pass the CHSPE with ease.

I encouraged OP to have her go to her counselor at high school, they are a mandated reporter and can make the appropriate referrals if there is abuse.
 

CdwJava

Senior Member
motstudios said:
its bad when someone can get more time in jail for a lapse in insurance than someone who brutally beat someone till they almost dead.
In what state do you go to jail for an infraction and not for felonious assault?

And, yeah, being berated sucks ... but I hope you don't use it as an excuse for bad decisions and criminal activity. I hear that line all the time and frankly, it falls on deaf ears. Everyone has a sob story, but not everyone WITH a sob story goes out and pillages and plunders the community. Hopefully you're not. And sometimes the only thing you can do is "cowboy up" and move on as best you can.

- Carl
 

motstudios

Junior Member
And, yeah, being berated sucks ... but I hope you don't use it as an excuse for bad decisions and criminal activity.
i have never broke a law and dont ever plan to. i just get angry with the laws for being soo messed up and outdated. i mean "technically" someone could be arrested in NC for singing off key although i doubt any officer would arrest someone for that but is someone made a complaint and pointed out the law, they would have to.
 

CdwJava

Senior Member
motstudios said:
i have never broke a law and dont ever plan to. i just get angry with the laws for being soo messed up and outdated.
Exactly what law is "messed up and outdated"? Do we start throwing people in jail for saying mean things to people?

Yes, being in an abusive environment can be grounds to seize a child by CPS if the abuse (verbal or otherwise) is extreme enough. But, CPS is not likely to send a kid to where they want to go. If the environment is that bad, it needs to be reported to CPS. If it rises to the level of a danger to the child, they will sezie her and place her in to foster care. However, ultimately, the goal in CA is family reunification, so leaving the city, county or state is not all that likely.


i mean "technically" someone could be arrested in NC for singing off key although i doubt any officer would arrest someone for that but is someone made a complaint and pointed out the law, they would have to.
Discretion is a wonderful thing. It means that we do NOT "have to" make an arrest even if someone points it out. I wouldn't because such a law would obviously be unconstitutional. And I wouldn't want to get sued into oblivion. Now, if someone wanted to make a citizen's arrest and thus absolve me of all civil liability, more power to 'em.

- Carl
 

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