Articles Tagged with parental rights

Michigan’s school shooter pleaded guilty to a mass shooting and was sentenced to a life behind bars for his actions, but that was not the end of the story for Michigan prosecutors. It was not long before his parents were charged and convicted of involuntary manslaughter—one count for each of the four students killed by their son. Even though the shooter’s parents had not been on the scene of the shooting and had not even known what was occurring until after the fact, the law held them accountable for their son’s actions based on evidence that they had ignored the warning signs that should have forewarned them of the possibility of exactly the murderous event that occurred. That negligence cost them each 15 years behind bars. Could an incident like this in California have the same kind of result? 

Gun Violence Facts

The tragic truth is that children and adolescents die as a result of firearm interactions more often than they do as a result of motor vehicle collisions, or of any other cause, for that matter. Additionally, just the exposure to gun violence can have incredibly negative impacts on America’s youth. Every day in 2022, seven children died from gun violence across this country. Two-thirds of those fatalities were from actual assaults, while the rest were suicides (27%) or accidental (5%).

Parental Responsibility Laws

Since 1996 states nationwide have been enacting parental responsibility laws to address delinquent behavior by children. The hope to get parents more involved in their children’s lives was the driving force behind these laws. It was believed that the fear of both civil and criminal penalties would motivate parents to supervise their kids more carefully and reduce juvenile crime. 

California Law

In California parents can be held civilly liable for up to $45,000 in property damage, and can be held criminally liable for contributing to the delinquency of a minor if their neglect resulted in violent behaviors from their child. What constitutes neglect? Essentially it is just the lack of supervision, control, and protection of a minor child. For parents, the misdemeanor charge carries a 364-day jail sentence. California’s safe storage laws can come into play if a minor got their hands on a firearm that should have been safely locked up. That could add another three years in prison to a parent’s sentence. Continue reading

When a person is incarcerated for a crime in California and they are a parent, there are several different things that can happen. The child may be placed with the other parent, or the child may be placed with another family member. When a relative is not an option, the child may be thrown into the foster care system. The court will look at the specific details of a child’s case and make a determination on what is the best possible action to take for the well-being of the child.

Even though the court’s goal is to place a child in a safe home that will provide for a bright future, that does not always occur. There are over 430,000 children throughout the country in foster care. In the state of California, there are more than 60,000 in the system. According to the research, children who were involved in the foster care system have much higher rates of homelessness and about one-third of the unaccompanied homeless children live in the state of California.

The Impact of Incarceration on Families in California

After an arrest, it is advisable to connect with the most experienced and strategic legal representation possible. When you work with a California criminal defense attorney who has a proven track record of success helping defendants lower their charges, have their charges dropped, and obtain the best results for their legal situation, you will be properly positioned to protect your legal rights. David M. Boertje is a San Diego criminal defense attorney who understands that people facing criminal charges must be provided the very best legal counsel because the aftermath of a conviction can substantially impact a person’s life forever. 

It is vitally important that individuals with minor children to look after stay out of prison whenever possible. Prison time can cause your child to have to go into the foster care system and depending on your case, you may lose your parental rights to your child forever. Even if your child is not put into the foster care system, they may be placed with a family member or the other parent who is not currently serving time. After you are released from jail, your ability to connect with your child can be severely limited and potentially even revoked.

In some situations, keeping a child from their biological parent, if that parent is a danger, is necessary and right. In other situations, a parent may be substantially restricted from having a relationship with their child, and the negative implications for the child can hurt them for the long-term. Working with David M. Boertje, a dedicated and tactical California criminal defense attorney will ensure that you are suitably represented. Continue reading