My 14 year old daughter has ran away from home twice now, because she wants to be with her boyfriend, he is also 14. I

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Customer: My 14 year old daughter has ran away from home twice now, because she wants to be with her boyfriend, he is also 14. I called police and family and children services and both parties told me that because she's not in any imminent danger , thaf they cannot physically bring her home and order her to stay home. But she and her boyfriend have been using drugs drinking. Having underage sex, stealing, from stores. I'm told that I am legally responsible for her , but the police wint bring her home. She isn't even enrolled in school yet..
JA: The Lawyer can help you determine if that's legal. Where are you located? These laws vary by state.
Customer: There must be something that can ve done for her to be returned to me. . Police told the cas worker yesterday that she was no longer a missing person because she was at thag boys house. Where I've already told his father and him that they are to have no contact with my daughter. No one is informing me of whafs happening with my child or taking me seriously as a parent. I'm worried for mt daughters mental health aswell there were text messages on her phone that she had sent to a friend of her, saying that her boyfriend raped her . To which I have those text messages. But she had denied the allegations. . I'm on Guelph Ontario canads Canada
JA: The Criminal Lawyer will be able to walk you through that. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I think that's jt It
Answered by Joey in 4 mins 1 year ago
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Joey
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Joey, Expert

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

I’m currently working on your question.

Customer
Prefect. Thank you joey
Customer
Perfect*
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Joey, Expert

Good afternoon – sorry to hear of the situation. Given her age, CAS would need to get involved. If she’s not in imminent harm, they will likely consider this a low priority matter given their current case load. You should continue to follow up with them routinely; however, given the state of the current system, they might get involved only after she’s in some sort of trouble.

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Joey, Expert

I'm truly sorry that you are going through this.

Customer
Well she is using illicit drugs and drinking, and the father of her boyfriend has been allowing mt daughter to stay there after I said he's not to bave any contact any contact with my daughter . Is he harboring a minor? Because he's helping her.Also she's 14 using very dangerous drugs, doesn't that class as imminent danger?
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Joey, Expert

If that's the case, you should go to your local police station and file a complaint as soon as possible. It would be up to the police to investigate and lay charges if warranted.

Customer
Shes refusing to enroll in school and hasn't even contacted me once in over a week..so basically I'm responsible for her, however she can just leave home and go stay with drug addicts and return when when feels like to, and j have ni say qt all?
Customer
The police do nothing, cas does nothing . Theyre all doing nothing while MY child continues to put her life at risk , and no one is doing a single thing to nsure the safety of my daughter
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Joey, Expert

It's up to CAS and the police to intervene in a situation like this. Unfortunately, they only do so when she’s in imminent harm or after she’s gotten into some sort of trouble.

Customer
What constitutes as imminent danger?
Customer
what is the motion or form cccalled, ir is for parents to fill out and try to convince the judge to agree she needs to he home. The judge then orders the police bring her back home ?
I couldn't find the name of it
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Joey, Expert

Imminent danger would imply that she is at immediate risk of substantial physical harm.

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Joey, Expert

I don’t believe there is an actual form for this given there is no dispute that you have custody of the child. You could retain a lawyer to bring an emergency motion to the court if she’s in imminent harm.

Customer
let's just metaphorically???msay she does come home on her own, I want to keep her here because I plan for her to go to stay with my mother In muskok. To get away from all her negative influences.Am I allowed to prevent her from leaving by putting a lock one the door or being wirh her
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Joey, Expert

That's a tough question. Generally speaking, you cannot hold someone against their will.

Customer
imminent danger wouldbe correct if mt 14 year old is taking xanax and,&drinking aseell.
Shes at risk for dying by mixing If that happens than cas failed to ensure her safety
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Joey, Expert

Once she reaches 16, she can choose where to live. Up  until 16, you could theoretically keep her in the home assuming she's enrolled in school, receiving medical care and has the necessities of life.

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Joey, Expert

A child doing drugs would likely not qualify as imminent danger (even if there is a risk of overdose as you correctly pointed out). If she's being forced to do drugs, that would be a different situation.

Customer
if I held her at home. Iw thag considered forceabke confinement?So basically what tkur saying is that, she can leave home whenever she feels like it. For however long she feels. And there's not a thing I can do about it except wait for her to come back on her own?
But I'm still responsible for her?
Thaats ridiculous
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Joey, Expert

If she runs away from home and commits a crime, it would be very unlikely you would be held responsible.

Customer
When you say keeping her in the home, you mean willingly allowing hey to to stay? Or preventing her from leaving
Customer
I just want to clarify that
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Joey, Expert

Practically speaking, it would not be a good idea to keep her locked up until she's 16. That likely would invite a CAS and police investigation.

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Joey, Expert

If you want to keep her in the home for a few days so she can sober up, that's one thing. To lock her up for two years is a whole new level and not suggested.

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Joey, Expert

Did you have any further questions about this issue?

Customer
if I take her to my mothers house and tell her that as her legal guardian , and basically has no choice . Will my mother be committing a crime if she refuses to drive mt daughter back home?
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Joey, Expert

You could make her a legal guardian of the child if you wanted to.

Customer
Of course not. She's a human being with rights. But what rights do I have then ? Reallt? Because it doesn't seem like I have a whil
Customer
A whole lot of options here
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Joey, Expert

No, you sadly do not.

Customer
Cas told me that there is some sort of motion or request I can bring jnfront on n the judge. Which would be requesting that the judge order police to apprehend my daughter and return her home. . But the worker forgot what it was called.What is the motion or request called ?
Customer
then if I have no rights over her, how can I ve responsible for her? That makes NO SENSE.No offence
Customer
would I have grounds to press charges on this boys father for qllow>ngbmy daughter to stay b there and [email protected] jn helping her run away? ..that is what harboring a minor is,yes?
Customer
Allow my daughter to stay there and assist in helping her run away*
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Joey, Expert

If she ran away, you likely wouldn't be responsible for anything she did. It wouldn't make sense for a fairness perspective. As I mentioned before, only the police lay charges. If they think a crime was committed they will charge the accused.

Customer
My apologies dor
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Joey, Expert

*from a fairness perspective

Customer
For the tyoos. My phone is acting up
Customer
What is that motion called? Because I know there is one similar to whaf I've mentioned
Customer
anyone can press charges on someone independently aswlel if the police don't help aswell right
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Joey, Expert

You would need to gather evidence and go before a justice of the peace. Let me look up the court forms, hold on.

Customer
The form that will be requesting q judge to order the police to apprehend her and bring her home , that's the one I'm in search of please and thank you
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Joey, Expert

Under s. 43 of the Child and Family Services Act, you can make a motion to the justice of the peace and request that the child be returned to you. Unfortunately, I don't see a copy of it online - perhaps reach out to the court house to obtain one.

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Joey, Expert

I’m just stepping away from the computer, but if you had a follow up question, please let me know and I can answer it upon my return.

Customer
Wonderful. Thank you.Do you happen to know how it works if I've told these adults to stay away from mt Child and to not have contact with her. Yet they fail to respect that and continue helping her in running away.What can i do about this. I mean there must be SOMETHING I can do to help my daughter..Is wreckless behaviour not a mental health problem due to the fact that she has depression and anxiety.
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Joey, Expert

Unless you get a court order prohibiting them from contacting her, they can continue to do so.

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Joey, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

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