ok I read article 7 and
§ 720. Detention. 1. No child to whom the provisions of this article
may apply, shall be detained in any prison, jail, lockup, or other place
used for adults convicted of crime or under arrest and charged with a
crime.
What kind of jail is justalayman talking about?
(b) Where the youth is sixteen years of age or older, the court shall
not order or direct detention under this article, unless the court
determines and states in its order that special circumstances exist to
warrant such detention.
What can they do to 16+, and what qualifies as special circumstances? Running away?
728. the judge shall advise the child of his or her right to remain silent
735 (h) No statement made to the designated lead agency or to any agency
or organization to which the potential respondent, prior to the filing
of the petition, or if the petition has been filed, prior to the time
the respondent has been notified that attempts at diversion will not be
made or have been terminated, or prior to the commencement of a
fact-finding hearing if attempts at diversion have not terminated
previously, may be admitted into evidence at a fact-finding hearing
How will the prosecutor (or the acs) prove my need of supervision?
728. the judge must allow the child a
reasonable time to send for his or her parents or other person or
persons legally responsible for his or her care, and for counsel, and
adjourn the hearing for that purpose.
What if I don't want to send for my parents? What's a reasonable time to send for counsel? ( if I need a month to gather the funds, can the hearing be adjourned for that long?)
735d. including the availability,
for up to twenty-one days, of a residential respite program
735g No persons in need of supervision petition may be
filed pursuant to this article during the period the designated lead
agency is providing diversion services.
So acs cannot file until they have offered me the 21 day respite?
737. delivery of a true copy thereof to the person summoned at
least twenty-four hours before the time stated therein for appearance.
So the police can deliver it to me; can they also take me into custody for the 24 hours?
738. issuance of warrant where
(a) the summons cannot be served; or (d) a summons, in the court's opinion, would be ineffectual
If I'm not at my parents' house to receive the summons, would that satisfy a, and what criteria satisfy d?
735bii. diligently attempt to prevent the filing of a petition under this
article or, after the petition is filed, to prevent the placement of the
youth into foster care
If it's the acs's job to prevent foster home placement, why is it offering me an ultimatum of either returning home or going into foster care before I've even met with FAP?
735f. designated lead agency determines that
there is no substantial likelihood that the youth and his or her family
will benefit from further attempts.
How much discretion does it have in this?
What can the judge order me to do while the case is adjourned?
If it recommences after my 18th, will it be dismissed, or will I then have the right to refuse placement or being forced home?
Also,
A child who is of employable age and refuses to have a relationship with his or her father, can be emancipated. This was especially so in N. Rosemary v. B. George, where the child adopted her step-father's name, had not visited her father in five years, and considers him her "biological" and not her paternal father
I refuse to have any relationship with my parents; since I"m of employable age, haven't I already forfeited their shelter?
