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Frequently Asked Questions
CHECK BACK FOR ADDITIONAL INFORMATION
This section is provided for informational purposes only and is not legal advice. Consult an attorney before making decisions that affect your legal rights and responsibilities.
CHECK BACK FOR ADDITIONAL INFORMATION
This section is provided for informational purposes only and is not legal advice. Consult an attorney before making decisions that affect your legal rights and responsibilities.
JUVENILE DELINQUENCY top
What ages does the Juvenile Court cover?
Most children ages 7 to 16 accused of committing a crime go to the Juvenile Court. Once a person turns 17, cases go to the District and Superior Courts for adults.
I heard that delinquency involvement has other consequences. What can happen?
A lot of people are surprised to find out that juvenile delinquency cases have a number of collateral consequences. Schools may suspend or expel students. Driver's licenses and permits may be suspended or revoked, and driving eligibility may be delayed. There could also be immigration consequences.
SPECIAL EDUCATION top
How is a child found eligible for special education?
Every parent has the right to request that a school evaluate a child for a disability that necessitates special education services. Parents may also get an independent evaluation to be considered in determining eligibility. The school hosts an eligibility meeting with parents and school personnel to decide if the child has one or more disabilities that require special education services and accommodations.
What should parents do if they do not agree with the special education services or placement provided by the school?
Contact an attorney or advocate immediately for advice on the appropriate services and school program based on the circumstances of your child.
STUDENT DISCIPLINE top
May a school suspend or expel my child just for having a delinquency case in Juvenile Court?
Depending on the circumstances a school may attempt to exclude a student from school based on Juvenile Court involvement. Families are entitled to a hearing and should have an attorney present.
CHINS top
May a judge put my child in DCF (DSS) custody in a CHINS case?
There is the possibility that a child could be placed in the temporary custody of the Department of Children and Families and taken out of the home while a CHINS case is open.
DCF (DSS) INVESTIGATIONS top
Will DSS think I have something to hide if I have an attorney?
No. Investigative social workers for the Department of Social Services experience attorneys during the investigative process all the time. Having an attorney is necessary to navigate you through the delicate process and protect you and your family.
Should I request a Fair Hearing if DCF closed my case anyway?
Whenever DCF supports an allegation of abuse or neglect you have the right to appeal through the Fair Hearing process. Even if your case was immediately closed, DCF keeps a record of the supported allegation. The first step in attempting to change that record is filing a request for a Fair Hearing.
CRIMINAL top
Because of her disability, my child does not understand why she is accused of a crime. How do you deal with this?
Disabilities and mental health issues may be grounds for dismissing a case or mitigating the consequences of a person's actions.
What ages does the Juvenile Court cover?
Most children ages 7 to 16 accused of committing a crime go to the Juvenile Court. Once a person turns 17, cases go to the District and Superior Courts for adults.
I heard that delinquency involvement has other consequences. What can happen?
A lot of people are surprised to find out that juvenile delinquency cases have a number of collateral consequences. Schools may suspend or expel students. Driver's licenses and permits may be suspended or revoked, and driving eligibility may be delayed. There could also be immigration consequences.
SPECIAL EDUCATION top
How is a child found eligible for special education?
Every parent has the right to request that a school evaluate a child for a disability that necessitates special education services. Parents may also get an independent evaluation to be considered in determining eligibility. The school hosts an eligibility meeting with parents and school personnel to decide if the child has one or more disabilities that require special education services and accommodations.
What should parents do if they do not agree with the special education services or placement provided by the school?
Contact an attorney or advocate immediately for advice on the appropriate services and school program based on the circumstances of your child.
STUDENT DISCIPLINE top
May a school suspend or expel my child just for having a delinquency case in Juvenile Court?
Depending on the circumstances a school may attempt to exclude a student from school based on Juvenile Court involvement. Families are entitled to a hearing and should have an attorney present.
CHINS top
May a judge put my child in DCF (DSS) custody in a CHINS case?
There is the possibility that a child could be placed in the temporary custody of the Department of Children and Families and taken out of the home while a CHINS case is open.
DCF (DSS) INVESTIGATIONS top
Will DSS think I have something to hide if I have an attorney?
No. Investigative social workers for the Department of Social Services experience attorneys during the investigative process all the time. Having an attorney is necessary to navigate you through the delicate process and protect you and your family.
Should I request a Fair Hearing if DCF closed my case anyway?
Whenever DCF supports an allegation of abuse or neglect you have the right to appeal through the Fair Hearing process. Even if your case was immediately closed, DCF keeps a record of the supported allegation. The first step in attempting to change that record is filing a request for a Fair Hearing.
CRIMINAL top
Because of her disability, my child does not understand why she is accused of a crime. How do you deal with this?
Disabilities and mental health issues may be grounds for dismissing a case or mitigating the consequences of a person's actions.
We called the police for help with our daughter who has psychological issues and now she is going to court. Why are the police doing this?
Some police departments are better than others at dealing with responses to mental health emergencies. Some will send a person to court no matter what the reason for the underlying behavior.
Some police departments are better than others at dealing with responses to mental health emergencies. Some will send a person to court no matter what the reason for the underlying behavior.
RESIDENTIAL REAL ESTATE top
Is an attorney really worth it?
Yes. You need to make sure everything in the transaction is done legally and appropriately. Otherwise you may end up making a costly mistake.
Is an attorney really worth it?
Yes. You need to make sure everything in the transaction is done legally and appropriately. Otherwise you may end up making a costly mistake.
At what point do I need an attorney?
Once you start thinking about buying a new home or selling your current home. You should contact an attorney even before the offer is being negotiated.
Once you start thinking about buying a new home or selling your current home. You should contact an attorney even before the offer is being negotiated.
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The information on this site is not legal advice. Consult an attorney before making a decision about your legal rights.
Copyright . Peter A. Hahn. All rights reserved.
