Articles Posted in juvenile law

Tyrese Gibson is now under the microscope of the L.A. County Dept. of Children and Family Services over claims by his ex-wife and baby mama that he spanked his 10-year-old daughter so hard she couldn’t sit. Spanking by itself is not necessarily abuse because some family use spanking as a form of discipline.  However, times have changed and spanking your child repeatedly or too hard can be considered a form of child abuse.  Gone are the old days when a parent could physically punish their child freely and without any consequence to their actions.  Nowadays a spanking can be reported to child protective services.  They will immediately start and investigation into these actions.  The first people that are investigated or interviewed are of course the child.  In Juvenile Court the child has tremendous weight in determining how to proceed with the prosecution of any abuse.  The social workers doing the interview are highly sensitive all the children who are interviewed.  The parents then are interviewed and are secondarily important to the whether charges are filed in juvenile or criminal court.

Tyrese and Norma Gibson are in a court battle … Norma’s trying to get a permanent restraining order prohibiting him from physically disciplining their kid. Norma is trying to seek a domestic violence restraining order which she can get in family law superior court.  This is not the same as a juvenile court order nor is it a criminal restraining order.  It has lessor implications than juvenile court and criminal court.   However, if Norma succeeds in getting a restraining order for her child Tyrese will have to follow it.  Any violation of a restraining order can cause Tyrese to be arrested and charged with a crime, violation of a court order.

She also wants full physical and legal custody. She’s worried Tyrese will take their daughter to Dubai, where he has business ties, and not come back. She also wants Tyrese to take domestic violence courses. Again, filing for fully custody or a modification of the prior custody order will take place out of juvenile court and land the parties in family law court.  Normally the judge will have to decide the case based on the best interest of the child standard. There are many cases where one parent is fearful of the other parent kidnapping the child by leaving the country and not coming back. Often to avoid problems the Court can make a restriction on the travel of the child outside the country. But in more and more case because of the Hague Convention and the international kidnapping laws awareness Court will allow a parent to leave the country.  This happens quite often if a parent wants to visit relatives in foreign countries.

Eighteen Oklahoma social workers embroiled in a civil rights action brought by a group of foster kids took the fight to the 10th Circuit on Tuesday, arguing the judge hearing the lawsuit unfairly denied them the shield of qualified immunity. In Juvenile Dependency matter social workers are the crux of the case.  They determine if neglect has occurred through investigation.  They can obtain orders from the Judge if need be to extricate the children from an abusive home.  Here it is alleged they did not take the children from an abusive home and left them with the foster parents who abused them.

Rachel Matthews and several foster children claim their civil rights were violated by 18 employees of the Oklahoma Department of Human Services who failed to intervene and protect the children from their guardians, Deidre and Jerry Matthews.

Over the course of a decade, the social workers dismissed at least 17 reports of abuse filed against the Matthews household in Jay, Oklahoma, including one report that said, “Deidre Matthews was collecting kids like stray animals.” Meanwhile, the Department of Human Services honored the Matthews with its “adoptive parents of the year” award.

Blac Chyna is rebutting suggestions she’s under investigation by child welfare officials. The department of child protective services is the county and state agency that investigates juvenile dependency matters in the County of Los Angeles. Using drugs does not automatically place a person under suspicion by the Department, however, what is the issue the Department will take note on is the placement of the children in harms way.  Usually they will investigate if there is a substantial risk of danger to the children of the parents in question.

A lawyer for the beauty entrepreneur denied the existence of an open investigation Tuesday and said she had no knowledge of any filings by the Los Angeles County Department of Children and Family Services related to Chyna’s baby with Rob Kardashian.  An investigation by “CPS” or child protective services does not mean their is a filing by the Department of Social Services.  Often the Social Services or Social Workers do an investigation first to see if their is any validity to the claims held against Chyna before the Department suggest a filing in the Juvenile Dependency Court.  Since the filing of a Juvenile dependency action is pseudo criminal in nature it is the County Counsel that will file any charges against Blac Chyna.

“Chyna is a loving, devoted mother who simply wants to peacefully co-parent her healthy, happy baby Dream with Rob,” Chyna’s lawyer Lisa Bloom said in a statement.

An American couple who claim they lost custody of their two young sons because of their ‘limited cognitive abilities’ are fighting back. The only Court in the State of California to terminate parental rights is the Juvenile Court under the Welfare and Institutions Code.

Amy Fabbrini, 31, and Eric Ziegler, 38, had their first child, Christopher, removed from their home about four years ago, shortly after he was born.

Fabbrini says Christopher was taken by the state after a friend accused Ziegler of “not picking up on (the baby’s) cues.”

Mr. Kelly had been accused of making a 27-minute sex tape with an under-age female. But a high-powered defense team convinced the jury of nine men and three women that the identity of the girl was not conclusive.

As the verdicts were being read on Friday, the singer started crying and whispering “Thank you Jesus, thank you Jesus, thank you Jesus,” over and over again, his lawyers said.