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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience:  Attorney and Counselor at Law
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My sons friend says s parents have kicked m out and he won't

Customer Question

My sons friend says his parents have kicked him out and he won't go home. He has stayed at my house the last 2 nights. Not sure what my obligations are?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: That's about all I know and I do not know the parents.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.

Hello. I will help you with you questions. I have been an attorney for 27 years. If you give me a short time, I will prepare a complete answer for you. Can you tell me how old your son's friend is?

Customer: replied 1 year ago.
I'm not sure, But I think 17.
Expert:  Colleen Grady replied 1 year ago.

Thank you. That helps. At 17, he would be considered a minor. Give me a few minutes. I am preparing a response.

Expert:  Colleen Grady replied 1 year ago.

Although you are not a mandated reporter under California Law, you may consider contacting Child Protective Services. At 17, the boy is considered a minor and the parents throwing him out is considered Neglect. They have a legal obligation to give him food and shelter.

Here is a list of the county Hotlines in California:

This will help the boy get the resources he will need if he is unable to go home. CPS has access to shelters and emergency services in this type of situation. The boy will need health care, dental care and will have to go to school.

I don't know if you have any contact with the parents. I mention this to protect you from any allegations that the parents may make against you. For example, if they have asked you not to take him in, they can bring charges against you for Child Abduction. It is rare that the police would charge this, but you should be aware of the law. Here is what the law states:

CA Penal Code § 278 (through 2012 Leg Sess)

Every person, not having a right to custody, who maliciously takes, entices away, keeps, withholds, or conceals any child with the intent to detain or conceal that child from a lawful custodian shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.

If you decide that this boy can stay for an extended period of time, you may want to consider legal guardianship through the Family Court. This will help you to manage educational needs and medical needs.

You may also consider calling or having the boy call the California Youth Crisis Line. This is a hotline that can put you in touch with services in your area. Here is the link:

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