Legal Question in Juvenile Dependency in California

My brother who is seventeen years old was put into a men's home, that's sort of a rehab for people just coming out of jail. He has never been in jail. The only reason he is in there is because our mother feels that he is disobedient. He has missed a whole year of school because of this. She has legal custody of him, so she was able to make the decision to have him there. He ran away from the place a few days ago. Will he or I get into any legal trouble if he stays with me? Isn't it illegal for kids to be out of school? the men's home doesn't have a program for youth yet and there are about four juveniles in it. Can we use that fact that she helped to keep him out of school against her so she can't have legal custody over him?
Our mother also has a tendency to let our older adult brothers, who are violent and have been in and out of jail, come over and "punish us", by abusing us. That's part of the reason I moved out. He is not being a disobedient kid, he just doesn't want to deal with the abuse anymore. We have other younger siblings and don't want to pull the family apart, but he doesn't want to live with her anymore. Since emancipation won't work, what will?

Asked on 10/01/10, 7:27 pm

2 Answers from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

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I believe school is only required up to 16 years of age. There is no legal requirement that a child complete school, unfortunately. I suspect that home he was placed in is not suitable. Who had the authority to place him there? Is the local county involved? For sure, you can contact the county Child and Family Welfare Agency, or Child Protective Services in some counties and they will make sure everything is done correctly....if mom has not contacted them already. As he is under 18 he is entitled to protection. This is important, but be careful for what you wish for as the CPS people can be harsh, if not well-meaning, and the system can take on a personality all its own. If they have not been involved to date, and you feel brother ios in danger IN ANY WAY, you should call CPS to request their protection.

Answered on 10/07/10, 9:19 am

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