Legal Question in Family Law in California

How do the rules with CPS change when the child goes to college? For example, if you had a kid who was doing some illegal activity like having an unlawful relationship with someone 18, sometimes I hear that CPS gets involved because they say the kid's doing that because of bad parenting. So they tell the parents that if the kid ever gets into that kind of trouble again, the kid will be removed from the family. But if the kid moves away to college and is still underage, and then keeps doing that illegal activity, does the situation still involve CPS?


Asked on 4/30/10, 10:16 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Wow, so Doogie Howser is in college at a young age, but he likes to misbehave? Intelligent, but wild?

California's juvenile law is generally broken down into two areas: Dependency, and Delinquency. Dependency court involves CPS, which stands for Child Protective Services. In that situation, the child is deemed to be a dependent of the state, because of a problem in the child's home environment such as abuse. Delinquency is when a child misbehaves and breaks the law, and ranges from something as simple as a traffic violation, all the way to cases involving homicide.

CPS is not involved in delinquency issues, unless the delinquency stems from a problem at home. I have trouble foreseeing an issue with CPS and a college, unless the kid was living at home and was attending college, but had something at home that was causing the problem.

With that said, that does not mean that it is ok to violate the law. A minor in college who violates the law is still going to go to court, albeit juvenile criminal court.

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Answered on 5/06/10, 8:14 am


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