Family Relationships and The Law Presentation

Family Relationships & the Law
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

FAMILY RELATIONSHIPS AND THE Subhead
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Lesson goal
To improve students’understanding of what Virginia laws say
about the relationship of teens and their parents.
Subhead

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Students will learn:

• What Virginia laws say about the relationship of teens
and their parents
• The authority and responsibilities of parents in Virginia
• Children that courts find are in need of services or in

Subhead
need of supervision
• The prevalence of child abuse and neglect in Virginia
• Laws and court processes in cases of child neglect and

abuse

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Parent-child relationships
• Your parents have legal “custody and control” of you.
Custody and control means you must obey your parents, as
long as they don’t ask you to do something illegal, and they
must take care of you.
• Parents must provide you with necessary food clothing,

Subhead
shelter, and medical care as well as supervision, discipline,
protection, and education. They cannot desert or abandon
you.
• You have the legal responsibility to follow your parents’

rules and go along with their decisions.
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Education responsibilities
• Parents must ensure their children are enrolled in school.
Anyone between the ages of five and 17 is required to
attend school.
• Parents may choose to send their children to a public,

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private, denominational, or parochial school.
• If certain requirements are met, parents may also teach their

children at home. This is called “home schooling.”

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Public school parents

Parents of students enrolled in a public school have the
responsibility to:
• “Assist the school in enforcing the standards of student
conduct and compulsory school attendance.” (Code of
Virginia § 22.1-279.3)
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Refusal to obey
It is not unusual for teens and parents to have some
disagreements. It is important to understand that Virginia law
places parents in charge.
• Parents may discipline you as they deem appropriate
as long as they don’t endanger your health or welfare.
Subhead
• If you continue serious disobedience, your parents

may seek intervention by the juvenile court.
• A court may decide that you are a “child in need of

supervision” or a “child in need of services.”
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Parental authority in other matters

Some common questions:
Q. Can my parents open mail addressed to me?
A. Yes
Q. Can I get a tattoo without my parent’s permission?
A. No, if you’re under 18 you cannot get a tattoo without your
parent or guardian present. Also, anyone who illegally
performs a tattoo is guilty of a Class 1 misdemeanor
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Q. Can my parents tell me when I have to be home?
A. Yes
Q. Can I smoke cigarettes and drink alcohol with my parents’
permission?
A. No

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More on smoking and drinking

Adults, including your parents, and minors may be charged with
contributing to the delinquency of a minor if they aid a minor in
breaking the law.
Purchasing, aiding and abetting, or giving alcohol to minors is

against the law. This is a Class 1 misdemeanor and, if convicted,
the court may order jail time for up to 12 months and/or a fine of up
Subhead
to $2,500.
According to Code of Virginia § 18.2-371.2, no person under 18

years of age can purchase, try to purchase, or possess any tobacco
product, including but not limited to cigarettes, cigars, bidis, rolling
papers, nicotine vapor products, and alternative nicotine products.

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Parents’ liability
The legal term that defines the parent’s responsibility to pay for any
damages caused by negligent, intentional, or criminal behavior and
acts of his or her child or children.
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Age of majority
You might ask, “When will my parents stop having ‘custody and
control’ of me?
The answer is: When you turn 18, and are considered an adult. Your
parents are no longer legally responsible for you, nor do they have
Subhead
legal control over you.
This is called the “age of majority.”

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Emancipation
Under some circumstances, a teen at least 16 years old may petition
the Juvenile and Domestic Relations District Court to be
emancipated:
i. The minor has entered into a valid marriage, whether or not
that marriage has been terminated; or
ii. The minor is on active duty with any of the armed forces of the
United States of America; Subhead
or
iii. The minor willingly lives separate and apart from his or her
parents or guardians, with [their] consent … and … is capable
of supporting himself or herself and competently managing …
financial affairs; or
iv. The minor desires to enter into a valid marriage and is
qualified to so so (Code of Virginia § 16.1-333.1)
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Legal age to marry

In Virginia, the legal age for marriage is 18, but a minor may marry
before the age of majority if he or she is emancipated as long as:
(i) it is the minor’s own will to enter into marriage, and the minor is
not being compelled against his or her will by force, threats,
persuasions, menace, or duress;
(ii) the individuals to be married are mature enough to decide to
Subhead
marry;
(iii) the marriage will not endanger the safety of the minor. To make
this finding, the court will consider (i) the age difference between
the parties intending to be married; (ii) whether either

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Legal age to marry, cont.

individual to be married has a criminal record containing any
conviction of an act of violence (defined in § 19.2-297.1) or any
conviction of an offense set forth in §§ 63.2-1719 or 63.2-1726; and
(iii) any history of violence between the parties to be married; and
(iv) it is in the best interest of the minor seeking emancipation that
the order be entered. Neither pregnancy,
Subhead past or current, nor the
wishes of the parents or legal guardians of the minor to be married
will be sufficient evidence to establish that emancipation is in the
best interests of the minor.
(Code of Virginia § 16.1-333.1)

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Courts and family relationships

Courts in Virginia that have primary responsibility for cases
involving family relationships are the Juvenile and Domestic
Relations District courts (J & DR court or juvenile court).
There is a J & DR court in every county and city in Virginia.
Two types of cases: Subhead

• Children in Need of Supervision
• Children in Need of Services
These are referred to as “CHINS” cases; one is CHINS –

Supervision and the other is CHINS – Services.

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CHINS – Supervision
Children in Need of Supervision are children who are truant or

who who have run away.
A truant child is defined as:

• A child who is subject to compulsory school attendance, but
is “habitually and without justification absent from school.”
Subhead

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CHINS – Supervision, cont.

A runaway child is defined as:
• A child who, without reasonable cause and without the
consent of his or her parent, legal guardian, or placement
authority, remains away from or deserts or abandons his or
her family on more than one occasion.
In addition:
• The conduct must present a clear and substantial danger to
Subhead
the child’s life or health, and
• The child or his or her family must be in need of treatment,
rehabilitation, or services not presently being received, and
• The intervention of the court must be found to be essential to
provide treatment, rehabilitation, or services by the child or
his or her family.

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CHINS – Services
Children in Need of Services refers to:
• A child whose behavior, conduct, or condition presents or
results in a serious threat to the wellbeing and physical safety
of the child, or
• A child under the age of 14 whose behavior, conduct, or
condition presents or results in a serious threat to the well-
Subhead
being and physical safety of another person.

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CHINS – Services, cont.

In addition:
• There must be clear and substantial danger to the child’s
life or health, and
• There must be a need for treatment, rehabilitation, or

services not being received, and
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• Intervention of the court must be found to be essential to
provide treatment, rehabilitation, or services by the child
or his or her family.

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Child abuse and neglect

Definition of child abuse
• Harm or threat of harm to the health and welfare of a child.
Definition of child neglect

• Failure to meet parental responsibilities to take
care of a child. Includes,Subhead
but is not limited to, failure to
provide adequate food, clothing, shelter, medical care,
or supervision.
• The legal definition is found in Code of Virginia § 16.1-228.

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Child abuse and neglect: definition
An abused or neglected child is defined as any child under 18 years

of age whose parent, guardian, or other person responsible for the
child’s care:
• causes or threatens to cause a nonaccidental physical or
mental injury
Subhead
• causes or threatens to cause a nonaccidental physical or
mental injury during the manufacture or sale of certain drugs
• neglects or refuses to provide adequate food, clothing, shelter,

emotional nurturing, or health care
• abandons
OFFICE OFthe child GENERAL • COMMONWEALTH OF VIRGINIA
THE ATTORNEY
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Child abuse and neglect: definition, cont.

• causes the child to be without parental care or guardianship
due to his or her unreasonable absence or mental or physical
incapacity
• commits or allows to be committed any illegal sexual act

upon a child including incest, rape, fondling, indecent
exposure, or prostitution,Subhead
or allows a child to be used in any
sexually explicit visual material
• knowingly leaves a child alone in the same dwelling with a

person who is not related to the child by blood or marriage
and who is required to register as a violent sexual offender

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Child abuse and neglect in Virginia

Resources
• Prevention Child Abuse Virginia
www.preventchildabuseva.org
• Virginia Department of Social Services www.dss.virginia.gov

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Reports of child abuse and neglect

Reports of neglect and abuse:
• From July of 2014 through June of 2015, 49,868 children
were reported as possible victims of abuse and/or neglect in
33,020 completed reports to Virginia’s city and county
departments of social services.
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Abuse and neglect statistics

Founded* cases:
• 6,592 children were victims in founded reports of child abuse
and/or neglect.
• 33,809 children were involved in reports that received a
family assessment.
Deaths: Subhead
• 48 children in Virginia died from injuries attributable to abuse
and/or neglect in 2015.
• 38 of these children were age four or younger.
*Founded means that a review of the facts met the legal criteria for abuse.

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Abuse and neglect statistics, cont.

In founded cases:
• 56.5% - physical neglect

• 26.1% - physical abuse
• 10.8% - sexual abuse
• 3.3% - mental abuse/neglect
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• 2.3% - medical neglect

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Reporting child abuse and neglect
Call local Social Services Department or the Child Abuse and

Neglect Hotline at 1-800-552-7096.
Reports may be made anonymously.
Persons reporting in good faithSubhead

are immune from civil and criminal
liability pursuant to Code of Virginia § 63.2-1512.

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Professionals must report

Code of Virginia § 63.2-1509 requires that designated professionals
who have contact with children immediately report their suspicions.
These include:
• Physicians, nurses, other health professionals
Subheadschools and day

• Teachers in public and private
care centers
• Emergency medical providers
• Social workers, law enforcement officers, probation officers

• Athletic coaches and directors, paid and volunteer
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Investigation
After a report is made, a Child Protective Services (CPS) social

worker will interview the child and his or her
brothers and sisters, the parents or caretakers, and the alleged
abuser.
The CPS social worker will Subhead
conduct a child safety assessment.

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Goal of Child Protective Services (CPS)
The primary goal of child protective services is to strengthen and

support families in preventing the (re)occurrence of child
maltreatment through community-based services.
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Court involvement
The CPS social worker may file a petition to have an abused child or
children removed from the home if conditions are unsafe.
The actions of the court are intended to keep children safe, to help
families create a safe home for their children, and to ensure that both
families and children receive the help they need.
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When there is a case of child abuse or neglect, it is important that
the interests of the child or children are well represented.

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Guardian ad litem
The court will appoint an attorney called a guardian ad litem (GAL), who
will:
• Meet and interview child
• Conduct an investigation
• Advise the child
• Participate in pre-trial conferences,
Subhead mediation, and negotiations
• Ensure the child’s attendance at all proceedings
• Appear in court on the dates and times scheduled for hearings
prepared to fully and vigorously represent the child’s interests
• Prepare the child to testify
• Advise the child

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Court-appointed special advocates

A child will have a court appointed special advocate (CASA), who
is a volunteer.
The role of the CASA is to speak up for that child.
A CASA may also be assigned to children who are in Need of

Services or in Need of Supervision.
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A CASA works closely with the child’s court-appointed attorney.

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The CASA’s role
The CASA:
• Gets to know the child by visiting him or her as often as
possible
• Researches the child’s background
• Assesses what is in the Subhead
child’s best interest and makes
recommendations to the judge
• Monitors court orders to assure the child receives court-
ordered services

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Review and recap

You have learned:
• What Virginia laws say about the relationship between teens
and their parents.
• The authority and responsibilities of parents in Virginia.
• About children in need of services or in need of supervision.
Subhead
• About the prevalence of child abuse and neglect in Virginia.

• Laws and court processes in cases of child neglect
and abuse.

OFFICE OF THE ATTORNEY GENERAL
COMMONWEALTH OF VIRGINIA • WWW.AG.VIRGINIA.GOV
For more information about Virginia laws that affect teens,

visit www.virginiarules.org
© Office of the Attorney General of the Commonwealth of Virginia

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Family Relationships & the Law

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

Students will learn:

• The authority and responsibilities of parents in Virginia

• Children that courts find are in need of services or in

• The prevalence of child abuse and neglect in Virginia

• Laws and court processes in cases of child neglect and

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

• Parents must provide you with necessary food clothing,

• You have the legal responsibility to follow your parents’

• Parents may choose to send their children to a public,

• If certain requirements are met, parents may also teach their

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

Public school parents

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

• If you continue serious disobedience, your parents

• A court may decide that you are a “child in need of

Parental authority in other matters

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

More on smoking and drinking

Purchasing, aiding and abetting, or giving alcohol to minors is

According to Code of Virginia § 18.2-371.2, no person under 18

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

This is called the “age of majority.”

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

Legal age to marry

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

Legal age to marry, cont.

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

Courts and family relationships

There is a J & DR court in every county and city in Virginia.

Two types of cases: Subhead

These are referred to as “CHINS” cases; one is CHINS –

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

Children in Need of Supervision are children who are truant or

A truant child is defined as:

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHINS – Supervision, cont.

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHINS – Services, cont.

• There must be a need for treatment, rehabilitation, or

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

Child abuse and neglect

Definition of child neglect

• The legal definition is found in Code of Virginia § 16.1-228.

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

Child abuse and neglect: definition

An abused or neglected child is defined as any child under 18 years

• neglects or refuses to provide adequate food, clothing, shelter,

Child abuse and neglect: definition, cont.

• commits or allows to be committed any illegal sexual act

• knowingly leaves a child alone in the same dwelling with a

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

Child abuse and neglect in Virginia

• Virginia Department of Social Services www.dss.virginia.gov

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

Reports of child abuse and neglect

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

Abuse and neglect statistics