A judicial officer while sitting in his capacity in the juvenile division, sent a letter to the solicitor for Children & Youth Services of the county. The judge pointed out the juvenile, who is 17, is living in placement and is a good student. He cannot go home to his father or mother because of allegations of abuse by the mother and also allegations that he assaulted the mother. The judge is concerned about what happens to the child since the charges would not result in any real placement. The judge is urging Children & Youth Services to pursue a dependency petition. Can the judge do this?

The question is an interesting one and it presents a very interesting issue as to how far a judge can go in performing their judicial duties. As I read the question, it appears that the judge is very concerned for the juvenile. The judge doesn’t want to release the juvenile since the juvenile has nowhere to go. The judge is urging Children & Youth Services to take some action to have the child declared dependent so the judge can place the juvenile, presumably with a foster home. Apparently, Children & Youth Services did not want to file the petition. The question is really presenting a pragmatic judge who has concerns for the child, but who is giving legal advice to agencies to take certain actions beyond what they consider they want to do.

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