Aiding and abetting a minor runaway in california
A PCW is a written order by a judge or other judicial officer directing a law enforcement officer or social worker to place a child into protective custody due to suspected abuse, neglect or risk of either of these dangers. A PCW is for a child aged 17 or younger. A PCW will be recalled when a dependent child turns The recall prevents the child from being detained and held in an adult facility. The CSW is expected to debrief the child within three business days after the child returns to care.
Further, the CSW should determine what primary factors contributed to the child running away or being absent from care. The CSW is expected to develop a safety plan to prevent the child from running away or being absent from care going forward. The CSW must determine whether the child was a victim of commercial sexual exploitation.
If the child cannot return to their previous placement, the CSW must explore the possibilities of placing them with another party, such as a suitable relative or licensed foster family home. Runaway From a Different State A CSW who is returning a child who is not under child welfare or juvenile court supervision to a different state or surrounding county should contact the child welfare agency in the other area. The CSW must make arrangements for that agency to assume custody of the child within 24 hours.
The CSW should not place the child in a foster home. The CSW should ask what procedures the new child welfare agency will utilize to get transportation for the child to return home. If the other jurisdiction cannot pick up the child right away, the CSW should initiate a courtesy hold and place the child in foster care pending transportation home. The CSW must file a petition unless the child is returned to their home state within five calendar days or California home county within 24 hours.
The CSW should arrange for an attendant to accompany the child, if appropriate. The CSW should take measures to have the parent, law enforcement representative or child welfare agency representative to be present to meet the child at the airport or bus station. Return a Child on Probation When a CSW sees a child who is on probation in another state or California county return, they should call the probation department and confirm that the child is an active probation ward with an outstanding warrant.
If the probation department in the other area finds that the child has an open case, the CSW should ask for the court order. They are expected to document all contacts and other efforts to find the child. The CSW needs to follow all leads as they receive new information about the location of the child. The CSW should provide any new information about the child to the law enforcement liaison. They should follow up on the runaway status of the child with law enforcement once a month. The CSW should provide assistance to any law enforcement agency that requests help in finding the child.
If the child is located, the CSW must contact the child and encourage them to return to their family or placement. The CSW must also contact the law enforcement agency in the area in which the child is present to conduct a welfare check of the child.
The process regarding property involves several steps. If the court directs the county department of children and family services to dispose of the property, the court will dictate how and when the property will be disposed of. When a child returns or is found, a CSW can notify the government office where the items are being kept. The CSW should notify the facility in advance. Defenses to Contributing to the Delinquency of a Minor As discussed above, a parent who has made reasonable efforts to protect or control their child would have a defense to any subsequent charges of contributing to the delinquency of a minor, as there are circumstances where a parent is simply unable to control a minor child.
In addition, a defendant may be the victim of a false accusation , as many minors understand that they have the power to get an adult into serious trouble just by making up claims against them. In these cases, the defendant would have to show how the minor may not be credible. Penalties Contributing to the delinquency of a minor is a misdemeanor offense that can be punishable by up to a year in jail, a substantial court fine, and other conditions of probation such as a mandatory parenting classes or counseling sessions.
In addition a conviction for this offense can cause various collateral consequences that can threaten careers. For teachers or others involved in education, a conviction under California Penal Code Section PC can jeopardize teaching credentials and other professional licenses.
Criminal Defense for Contributing to the Delinquency of a Minor Cases Contributing to the delinquency of a minor is a serious criminal offense that can have far-reaching effects on jobs and licenses. As a result, if you or a loved one have been accused of this offense, it is very important that you speak with a Los Angeles Criminal Defense Attorney right away.
Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who understands how potentially devastating a conviction for contributing to the delinquency of a minor can be.
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Arson, as defined in Sections through of this title; 9. The influence or intimidation of witnesses and jurors, as defined in Sections , and of this title; Theft of any vehicle, as described in Section of this title; Rape, as defined in Section of this title; Extortion, as defined in Section of this title; Transporting a loaded firearm in a motor vehicle, in violation of Section Possession of a concealed weapon, as defined by Section Shooting or discharging a firearm, as defined by Section of this title.
Added by Laws , p. Amended by Laws , c. May 8, ; Laws , c. May 7, ; Laws , c. May 24, ; Laws , c. July 1, ; Laws , c. Simply being told a crime will happen is not enough, but a slight encouragement to commit the crime, would be sufficient. There need not be an agreement made either, such as a Conspiracy, so long as you voluntarily assist or encourage. Penalties A person who is charged under PC 31, would face the same penalty as that of the perpetrator. For example, if a person is charged under PC a , they face a maximum punishment of up to 8 years in a State Prison.
If you are charged with aiding and abetting that person, then you could also face a maximum sentence of up to 8 years in State Prison. So in essence, you are not charged with PC 31, you are charged with the underlying offense, which his why your maximum exposure is the same as the perpetrator.
This crime would likely affect people with Professional Licenses or people in Immigration proceedings. Common Defenses.
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