Author Topic: Youth w/out a Home - Laws - All 50 States  (Read 1990 times)

0 Members and 1 Guest are viewing this topic.

Offline cmack

  • Posts: 236
  • Karma: +0/-0
    • View Profile
17-year-old's in Georgia
« Reply #15 on: November 30, 2011, 01:57:57 PM »
The law can be confusing. Here is what I found regarding 17-year-old's in Gerogia.

http://wiki.answers.com/Q/How_old_do_yo ... in_Georgia

Quote
How old do you have to be to move out in Georgia?

Read more: http://wiki.answers.com/Q/How_old_do_yo ... z1fDPl7tED

Answer:
  Improve
Moving Out of Your Parents' House in GA
the legal age of majority in Georgia is eighteen (18). Georgia Code Title 39, Chapter 1, Article 1.
A child (anyone under the age of 18) cannot just move out from their parent(s) home. The parent(s) are responsible for the child till that child reaches 18. You can leave your parents' house without their permission when you reach the age of 18, or they can kick you out.
You cannot leave before you reach 18, although there are a few exceptions.
Exceptions to this rule:

    * If a child gets pregnant, that child can get married without parental consent and after the marriage will be consider emancipated.

    * The teen can become emancipated. There is no prescribed emancipation status laws, such cases are adjudicated on an individual basis. This requires a ruling from a judge. You must convince the judge that there is good legal reason for you to be able to leave your home. In the state of Georgia on an annual basis this happens about a dozen times.

    * The teen can join the military with parental consent at age 17.

Pursuant to Georgia common-law emancipation, if a 17-year-old is self-supporting, the parent(s) can grant permission for them to live elsewhere. The parent(s) can also revoke that permission at any time they choose.
NOTE: The above Posters seem unaware that a 17-year-old can now go to prison in Georgia. This created a conflict that supersedes all of the above. A child may now leave home at 17, and they cannot be forced to return, but they cannot be kicked out until 18! Call a police officer and ask.
NOTE: The above persons seems unaware that though a 17 year old is treated as an adult in a court of law and Georgia if you leave your house without parental consent you can be reported as a runaway and will face potential probation, I know I did it. And I don't have to ask a cop they called ME and let me know.
Note: The Georgia Division of Family and Children Services (DFCS) invetigates and will remove a child if abuse is suspected. See Division of Family and Children Services (DFCS).

Note: I moved out of my parents house when I was 17. My parents called the law on me that day and the officer told them that they would still legally be responsible for my actions until I was 18 however, at 17 I could legally move out and there was nothing they could do about it. He did say that the only thing they are required to give me if I move out before I was 18 was a single change of clothes. He stood there while I gathered the items I had purchased myself and I left. So yes you can move out at 17 in Georgia but be aware that the only thing your parents are required tolet you take with you is one change of clothes and the items you purchased yourself but you must have proof that you actually purchased the items. Hope this helps some people. ~A~

Note: I actually went to other sites to ask this question, and I found a situation in 2005 that had occured. A 17 year old wanted to move out, and her mom called the cops. The cops told her that they were limited to making sure that the girl was not harmed, abused, was mentally stable and capable, and that she had moved out on her own free will and not because she was in danger. I also found that emancipation is really no longer a law in Georgia. -V

note: tell your parents that you are moving then move if they call the cops nothing can be done! they are not responsible for all your actions! just some!!  

note:actually even if you tell your parents about you leaving at 17 the legal age in Georgia got changed in 2007 you cannot leave your parents custody and care own your own until you are 18 unless you have there permission and proof if they kick you out and you are still in highschool they are required to support you until you graduate.self emancipation is hard and judges are rough but if in good reason there cool. I lived with my parents, they kicked me out, and I got a charge of unruly and runaway. Be sure to have proof that you no longer live there. I am only 16, so its possible. Just get proof if they say it record it that's what i did.



You could also get emancipated.
It's when you are 16 years of age or older and you
are free of custody from your parents.


Actually, the people above who said a child can move out at 17 were correct. Under the laws in Georgia, a child is considered an adult in the eyes of the law at 17. The child can move out of their own free will but can not be kicked out until they are 18. Sadly, we are going through this mess now with our unruly daughter. She has been arrested a multitude of times, she spent a month in the county jail (the real jail, not juvenile hall), and she has been hospitalized twice in a psychiatric facility long term. She takes off whenever she feels like it and no matter how many times we call the police (we have called them at least 25 times) they always tell us the same thing....."She is 17. She can leave if she wants to and there is nothing you can do about it. However, if she comes back you HAVE to let her in until she is 18". It doesn't matter how many times she leaves or under what circumstances....if she decides she wants to come back, we have to let her in or face legal repercussions. In other words, if we refuse to let her back in, WE could be charged with neglect and/or abandonment. Oh and the kicker is this.....when she does take off, we are still legally responsible for her actions. We do not have to give her anything or financially support her if she chooses to leave. However, while she is out there doing whatever she does, we are responsible for whatever she does. So in other words, if she goes out there and hurts someone, we are responsible for any damages or expenses she causes until she turns 18. Even after being told this my too many police officers to count, we didn't believe it could be accurate so we checked with a lawyer and were told that it is indeed the truth.

Georgia is the most ass-backwards state I have ever lived in. The parents here have no rights whatsoever.

From an attorney that works in juvenile courts in Georgia: At 17, a child can be prosecuted as a runaway. While 17 y/o's are tried for criminal offenses in as adults, 17 y/o's can still be prosecuted in juvenile court for "status offenses." Status offenses are offenses that are not crimes for adults, such as runaway, truancy, and unruly child (refusal to obey parents). If a 17 year old leaves his parents' home with the intent to permanently abandon it, without the parents' consent, he is a runaway and can be prosecuted as such.

From the Georgia Code:
TITLE 19. DOMESTIC RELATIONS
CHAPTER 7. PARENT AND CHILD RELATIONSHIP GENERALLY
ARTICLE 1. GENERAL PROVISIONS
§ 19-7-1. In whom parental power lies; how such power lost;
(a) Until a child reaches the age of 18 or becomes emancipated, the child shall remain under the control of his or her parents, who are entitled to the child's services and the proceeds of the child's labor.

TITLE 15. COURTS
CHAPTER 11. JUVENILE PROCEEDINGS
ARTICLE 1. JUVENILE PROCEEDINGS
PART 1. GENERAL PROVISIONS
§ 15-11-2. Definitions

As used in this chapter, the term:
(2) "Child" means any individual who is:
(A) Under the age of 17 years;
(B) Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 years, and who has been placed under the supervision of the court or on probation to the court; or
(C) Under the age of 18 years, if alleged to be a "deprived child" or a "status offender" as defined by this Code section.

(8) "Deprived child" means a child who:
(A) Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child's physical, mental, or emotional health or morals;
(B) Has been placed for care or adoption in violation of law;
(C) Has been abandoned by his or her parents or other legal custodian; or
(D) Is without a parent, guardian, or custodian.
(11) "Status offender" means a child who is charged with or adjudicated of an offense which would not be a crime if it were committed by an adult, in other words, an act which is only an offense because of the perpetrator's status as a child. Such offenses shall include, but are not limited to, truancy, running away from home, incorrigibility, and unruly behavior.
(12) "Unruly child" means a child who:
(A) While subject to compulsory school attendance is habitually and without justification truant from school;
(B) Is habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or other custodian and is ungovernable;
(C) Has committed an offense applicable only to a child;
(D) Without just cause and without the consent of his or her parent or legal custodian deserts his or her home or place of abode;
(E) Wanders or loiters about the streets of any city, or in or about any highway or any public place, between the hours of 12:00 Midnight and 5:00 A.M.;
(F) Disobeys the terms of supervision contained in a court order which has been directed to such child, who has been adjudicated unruly; or
(G) Patronizes any bar where alcoholic beverages are being sold, unaccompanied by such child's parents, guardian, or custodian, or possesses alcoholic beverages; and
(H) In any of the foregoing, is in need of supervision, treatment, or rehabilitation; or
(I) Has committed a delinquent act and is in need of supervision, but not of treatment or rehabilitation.

ARTICLE 6. EMANCIPATION OF MINORS
§ 15-11-202. Minor seeking emancipation by petition; requirements
A minor seeking emancipation shall file a petition for emancipation in the juvenile court in the county where the minor resides. The petition shall be signed and verified by the minor, and shall include:
(1) The minor's full name and birth date, and the county and state where the minor was born;
(2) A certified copy of the minor's birth certificate;
(3) The name and last known address of the minor's parents or guardian, and if no parent or guardian can be found, the name and address of the minor's nearest living relative residing within this state;
(4) The minor's present address and length of residency at that address;
(5) A declaration by the minor indicating that he or she has demonstrated the ability to manage his or her financial affairs; the minor may include any information he or she considers necessary to support the declaration;
(6) A declaration by the minor indicating that he or she has the ability to manage his or her personal and social affairs; the minor may include any information he or she considers necessary to support the declaration; and
(7) The names of adults who have personal knowledge of the minor's circumstances and believe that under those circumstances emancipation is in the best interest of the minor. Such individuals may include any of the following:
(A) Physician or osteopath licensed pursuant to Chapter 34 of Title 43;
(B) Registered professional nurse or licensed practical nurse licensed pursuant to Chapter 26 of Title 43;
(C) Psychologist licensed pursuant to Chapter 39 of Title 43;
(D) Professional counselor, social worker, or marriage and family therapist licensed pursuant to Chapter 10A of Title 43;
(E) School guidance counselor, school social worker, or school psychologist;
(F) School administrator, school principal, or school teacher;
(G) Member of the clergy;
(H) Law enforcement officer; or
(I) Attorney.

Read more: http://wiki.answers.com/Q/How_old_do_yo ... z1fDPypEO1


There seems to be a conflict in the law. The age of majority is 18, but  a child is defined as being under 17. 17 year-old's in Georgia are tried as adults for crimes. It seems that a 17 year old leaving home is not in itself a "Status Offense". I'm not a lawyer, but it seems that there has to be some other compounding factor to rise to the level of a "Status Offense" such as not having a safe place to live, or being truant from school.

Also, I believe Antigen was a 17 year-old runaway from Florida who moved in with some siblings in Dekalb county near Atlanta. Iirc, her mom and some Program people came to reclaim her and the police said since she was 17 they couldn't take her and she could stay where she was.

I think the best course of action for teens in Georgia who want to move out or who fear being transported to a program is to get a lawyer.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline cmack

  • Posts: 236
  • Karma: +0/-0
    • View Profile
17-Year-Old Georgia Runaways
« Reply #16 on: November 30, 2011, 05:26:15 PM »
http://www.dougherty.k12.ga.us/dpms/PDF ... unaway.pdf

MISSING PERSONS/RUNAWAY PROCEDURE (POL-P004)

DCSS – Police Department
Date: 9-May-07; Rev. A Doc#: POL-P004 Page 1 of 3

5.2 Missing Juveniles

During searches for missing juveniles, a county wide alert containing updated information shall
be broadcast over the radio and via e-mail.

5.2.1 Abduction’s

5.2.1.1 If abduction or a “family abduction” is a possibility, gather as much information on
the potential suspects as possible and add this to the alert.

5.2.1.2 A Levi’s Call: Georgia’s Amber Alert Program can be issued when the Georgia
Bureau of Investigation verifies that a child has been abducted and is in danger,
an alert containing known details of the abduction is transmitted to the Georgia
Emergency Management Agency, which is then transmitted by the Georgia
Emergency Management Agency to broadcasters participating in the program
then broadcast or otherwise disseminate the alert to listeners, viewers, or
subscribers.

5.2.2 Runaway Juveniles (Less Than 17 Years Old and Non-Emancipated)

5.2.2.1 Enter records in the NCIC missing person files immediately.

5.2.2.2 Juvenile courts have jurisdiction over these persons.

5.2.2.3 Georgia law enforcement agencies that locate these persons may detain them
without court orders for involuntary return to parents, guardians or legal
custodians within Georgia (OCGA 15-11-17).

5.2.2.4 Georgia law enforcement agencies that locate such persons, reported as
runaways from other states, may detain them under the Interstate Compact on
Juveniles (OCGA 39-3-2). Upon being detained, any such person shall be brought
before the local Juvenile Court for processing (OCGA 15-11-17).

5.2.3 Runaway Juveniles (17 Years Old and Non-Emancipated)

5.2.3.1 Enter records in the NCIC missing person files within twelve (12) hours of being
reported as runaways by their parents, guardians, or legal custodians (OCGA 35-
1-8). Because Georgia Law does not provide for forcible detention and return of
17 year old Georgia runaways, the record entry must include a note in the
miscellaneous field stating:” Locate Only- Do Not Detain- Contact Agency via
Administrative Terminal Message.”

5.2.3.2 Neither the Georgia Missing Children Information Center nor GCIC has been able
to determine what court(s), if any, have jurisdiction over 17 year old Georgia
runaways.

5.2.3.3 Georgia law enforcement agencies that locate such persons, reported as
runaways from other states, may detain them under the Interstate Compact on
Juveniles (OCGA 39-3-2). When confirming NCIC hits, determine if appropriate
court documents have been obtained for the detention and return of the person. If
so, these persons shall be brought before the local Juvenile Court (OCGA 39-3-
2). Otherwise, they should not be detained.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline cmack

  • Posts: 236
  • Karma: +0/-0
    • View Profile
Michigan Law & 17-year-olds
« Reply #17 on: December 05, 2011, 04:16:40 PM »
http://www.lawrefs.com/item/17-year-old ... s-helpless

04/12: 17-year-old Runaways: Not "Adults", Not "Juveniles", And Not "Children" - Michigan Law Leaves Parents Helpless

Wow, this is really interesting. An individual who is age 17 in Michigan is not an "adult", is not a "juvenile" and also not a "child" under Michigan law. What are they then and can Michigan Law provide the authority for the parents to do anything?  

A frequent inquiry has been: My 17-year-old is staying at their aunt's house and I want them home, what can I do? Well, first, technically, they are not missing because their whereabouts are known. If the 17-year-old were "missing", under MCL 28.258, if they were in the company of another individual under circumstances indicating their physical safety may be in danger, the police department, after conducting a preliminary investigation, must immediately enter the information regarding that individual into the LEIN. However, if it appears that the disappearance was voluntary, there will be problems in enforcement; and in the hypothetical, the person is not "missing". A "child" is treated differently with greater protection, but under MCL 28.258, a "child" must be less than age 17.

A problem for the parents is that under MCL 722.3, until the individual is age 18, the parents are obligated to support them unless the court has terminated the obligation somehow. Therefore, if an individual age 17 runs away to a relative's house, the parents are still obligated for support, however, generally speaking, they will not receive the police department's assistance in returning the individual home. MCL 722.151, which prevents the aiding or abetting of juveniles, or harboring of runaways only applies to children under age 17; and the Juvenile Court, only has jurisdiction for those under age 17. Therefore, it would take a very persuasive parent to get the police to do anything. The parent would likely have to cite the law and the application of the law to their 17-year-old, document the request, and possibly threaten legal action if the police did nothing. Again, generally speaking, if a parent calls up the local police department and tells an officer that their 17-year-old has run away, the police will offer no assistance and do nothing.

Under MCL 722.52, age 18 is the age of adulthood, so at this age, the individual is an "adult" but what is the label attached at age 17? According to Michigan law, the Juvenile Court does not have jurisdiction of persons 17 or older (MCL 712A.2), so they are not "juveniles". Furthermore, according to the Juvenile Diversion Act, MCL 722.822, such a person is not a "minor". In any event, age 17 seems to be the cut-off for any type of assistance even though the law defines the age of majority as 18 and obligates parents to their children until age 18. There is a gap from age 17 to age 18 in the law for situations such as those of the hypothetical and this writer is as of yet, remiss to offer any useful legal advice.
©2007www.lawrefs.com
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »