Contributing to Delinqent Minor

[jenn tavares]

What is the name of your state? N. California

My twelve year old daughter cut school last week with another girl. While being deliquent from school and "hiding out" in the park adjacent to the school, the girls used my daughter's cell phone to contact the non-custodial parent of the other child to pick them up. This person picked the girls up (not school grounds) and took them out for the afternoon, returning my daughter to the school at the end of the day as if nothing happened. This is the first time my daughter has been in ANY kind of trouble, and I want to prevent similar occurences in the future. Do I have recourse against the parent who picked up my child, even though she went willingly? As it stands now, I am getting no response from the school.

 

[seniorjudge]

What did your daughter say when you took away her cell phone?

 

[jenn tavares]

Phone was new (Xmas gift) - she knew she was out of line and accepted her punishment ( no phone, tv, computer, activities, etc.). Is the parent who picked the girls up responsible for her actions?

 

[Wolflmg]

Phone was new (Xmas gift) - she knew she was out of line and accepted her punishment ( no phone, tv, computer, activities, etc.). Is the parent who picked the girls up responsible for her actions?

Possibly, but since your daughter went on her own free will. But still someone without your knowledge took your daughter in their car around for the afternoon, which to me sounds sort of like kidnapping in a way. But I'm not sure.

 

[stealth2]

He's most likely to get nothing more than a slap on the wrist anyway. Your focus should be on coming down hard enough on the kid that she won't think to do something so stupid again.

 

[CdwJava]

You can call the police and ask about reporting the other parent for contirbuting to the delinquency of a child (PC 272), but your best recourse is to take the action against your child for taking the step of bailing out of school. Your daughter cut school. All because the other parent may have pulled a bonehead move and took them out (thus enabling their truancy) does not mean that your child can avoid punishment.

Chances are the DA will not file on this as long as the parent that picked them up has even a lame excuse.

PC 272. (a) (1) Every person who commits any act or omits the
performance of any duty, which act or omission causes or tends to
cause or encourage any person under the age of 18 years to come
within the provisions of Section 300, 601, or 602 of the Welfare and
Institutions Code or which act or omission contributes thereto, or
any person who, by any act or omission, or by threats, commands, or
persuasion, induces or endeavors to induce any person under the age
of 18 years or any ward or dependent child of the juvenile court to
fail or refuse to conform to a lawful order of the juvenile court, or
to do or to perform any act or to follow any course of conduct or to
so live as would cause or manifestly tend to cause that person to
become or to remain a person within the provisions of Section 300,
601, or 602 of the Welfare and Institutions Code, is guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
not exceeding two thousand five hundred dollars ($2,500), or by
imprisonment in the county jail for not more than one year, or by
both fine and imprisonment in a county jail, or may be released on
probation for a period not exceeding five years.

- Carl

 

[jenn tavares]

I am absolutely coming down hard on my daughter -- she will not have any privledges for a long, long time. I take this situation extremely seriously, and I believe that my daughter is 100% responsible for her own actions and I hold her accountable. HOWEVER, I would never pick up any child, even after school, without their parents' permission.The school seems to find this as "no big deal"; they don't regularly have kids cut class, but they say "it happens". The school doesn't (seem) to want to get involved as my daughter and friend were picked up at the park, not school property. "Once they leave the campus what are we supposed to do?"

I want my daughter, her friends, school personnel, and the mother who picked these girls up to know how totally unacceptable the decision to bail school and hang out with an adult was. Period.

If it were a father who picked up two girls without permission for three hours, I think this situation wouldn't even be in question. How is this right?

 

[CdwJava]

What did the police say when you called them? This parent might be able to be charged with a couple of misdemeanors.

The school can discipline the children for cutting, but, of course, there is nothing they can do to the parent.

- Carl

 

[seniorjudge]

If it were a father who picked up two girls without permission for three hours, I think this situation wouldn't even be in question. How is this right?

I agree with you wholeheartedly.

Unfortunately, this is one of those things that is just so common that it may as well not have a law against it.

But...tell me this: How old was the "adult" who did this?

Keep in my mind that I am totally on your side in this deal, let me just tell you that you cannot control anyone else's behavior; you might, however, be able to make some headway with your daughter.

That is where I would concentrate my energies.

 

[CdwJava]

I believe the adult was the "non custodial parent" of the other girl.

- Carl

 

[jenn tavares]

To my knowledge the woman was the non custodial parent of the other girl with limited (but scheduled, oddly enough, for that day) visitation. I have spoken with this woman, who in her own words " isn't avery good adult herself and that is why she doesn't have her daughter with her". She apologizes profusesly, and admits fault. In my opinion she may have a substance issue (slurred on phone and seemed slightly incoherent). Age is approximately 27.

The school asked me to wait on calling the Sherrifs' Office until they talked with their SRO. The Assistant Principal has been very poor in communicating with me, returning calls. i have learned as of this morning that the SRO feels it would be a "long shot" to even file a report as there was no verifiable criminal intent. The school assigned the girls to weekend clean up duty, TOGETHER. I refused and they have now scheduled them on different days.

I am trying to emphasize to my daughter that this is a very destuctive path should she continue to go down it. I an even considering having her tested for drugs, etc. Her social activities have not been curtailed, they have been eliminated until she can regain our trust.

 

[seniorjudge]

"...The school asked me to wait on calling the Sherrifs' Office until they talked with their SRO...."

Do you call the Sheriff to teach your daughter mathematics?

 

[CdwJava]

"...The school asked me to wait on calling the Sherrifs' Office until they talked with their SRO...."

Do you call the Sheriff to teach your daughter mathematics?

The School Resource Officer (or, SRO) is who would get the case anyway - more than likely. So by running it past the SRO they ARE talking to the sheriff's department (if that's who runs the SRO program at the school). Though I would suggest Jenn personally contact the SRO and express what happaned because the school may not have gotten it right ... and they may not have adequately expressed Jenn's interpretation of events.

- Carl

 

[seniorjudge]

The School Resource Officer (or, SRO) is who would get the case anyway - more than likely. So by running it past the SRO they ARE talking to the sheriff's department (if that's who runs the SRO program at the school). Though I would suggest Jenn personally contact the SRO and express what happaned because the school may not have gotten it right ... and they may not have adequately expressed Jenn's interpretation of events.

- Carl

Gotcha.

But...does the Sheriff teach math?

BTW, I guess you have not slid down the hill. What's the matter with those people, rebuilding in the same area time after time? And we wind up paying for it.

Ooops...sorry for the hijack, Jenn.

 

[CdwJava]

BTW, I guess you have not slid down the hill. What's the matter with those people, rebuilding in the same area time after time? And we wind up paying for it.

I'm on the plains at the base of the mountains ... we got snow outside town, not mud.

And when you have a multi-million dollar hunk of under-insured (or uninsured) property, would YOU want to give it up?

When I read about the fires and landslides in the mountains it's one of those few times I'm glad I didn't take that mountain cop job.

- Carl