http://www.nlchp.org/content/pubs/Alone ... 0Home1.pdfThe National Law Center On Homelessness and Poverty and the National Network for Youth has put together a 124 page report detailing the laws of all 50 states and territories as they relate to homeless/runaway youth. The report also makes recommendations for reforming the various laws that inhibit/criminalize homeless/runaway youth.
The report is copyrighted 2003 so some things may have changed since then.
It's too long to post in its entirety, but below are some highlights.
Alone Without a HomeA State-by-State
Review of
Laws Affecting
Unaccompanied YouthTABLE OF CONTENTS
Introduction.......................................................................................................................................................................1
Definitions of Terms Pertinent to Unaccompanied Youth ......................................................................................................3
Analysis of State and Territorial Statutory Provisions ..........................................................................................................3
Summary of State and Territorial Statutory Provisions........................................................................................................5
Youth in Need of Supervision ...........................................................................................................................................17
Analysis of State and Territorial Statutory Provisions ........................................................................................................17
Summary of State and Territorial Statutory Provisions ......................................................................................................21
Status Offenses ...............................................................................................................................................................35
Analysis of State and Territorial Statutory Provisions ........................................................................................................35
Summary of State and Territorial Statutory Provisions ......................................................................................................40
Emancipation ...................................................................................................................................................................63
Analysis of State and Territorial Statutory Provisions......................................................................................................63
Summary of State and Territorial Statutory Provisions....................................................................................................65
Rights of Youth to Enter into Contracts ..............................................................................................................................73
Analysis of State and Territorial Statutory Provisions ........................................................................................................73
Summary of State and Territorial Statutory Provisions ......................................................................................................76
Health Care Access for Unaccompanied Youth ....................................................................................................................83
Issue Overview .........................................................................................................................................................83
Rights of Unaccompanied Youth to Public Education ..........................................................................................................85
Issue Overview .........................................................................................................................................................85
Harboring Unaccompanied Youth .....................................................................................................................................87
Analysis of State and Territorial Statutory Provisions ........................................................................................................87
Summary of State and Territorial Statutory Provisions ......................................................................................................89
Services and Shelters for Unaccompanied Youth ................................................................................................................95
Analysis of State and Territorial Statutory Provisions ........................................................................................................95
Summary of State and Territorial Statutory Provisions ......................................................................................................98
The legal rights and responsibilities of unaccompanied
young people vary among states and territories and often
depend upon the specific right a youth wishes to exercise.
Despite the reality that they are living apart from parents or
guardians, youth who are legally minors lack the legal status
to live independently. Unaccompanied youth and their advocates
constantly struggle with legal questions regarding access
to shelter, public education and medical and mental health
care; legal rights to rent property and enter into contracts;
and, issues of juvenile justice, parental rights, and availability
of emancipation. Many of these legal questions find their
answers in state statutes and regulations.
Fast Facts
? 10 jurisdictions include a definition of the term “youth.â€
? 46 jurisdictions establish age 18 as the age for no longer
being considered a child.
? 3 jurisdictions establish the age of childhood as under
age 17.
? 1 jurisdiction establishes the age of childhood as under
age 16.
? 6 jurisdictions establish the age of childhood/youth as
18 and older.
? 17 jurisdictions explicitly define the term “runaway.â€
? 14 jurisdictions explicitly define the terms “homeless
child,†“homeless youth†or “homeless student.â€
In the overwhelming majority of jurisdictions (46), persons
are considered children, minors, juveniles or youth if they are
under age 18. Three jurisdictions (Georgia, New Hampshire,
Texas) establish the age of childhood as under age 17. One
jurisdiction (Connecticut) establishes the age of childhood as
under age 16. On the opposite end, six jurisdictions surpass
the age 17 limitation. Connecticut defines “youth†to be from
ages 16 to 18. Alabama defines a minor as under age 19.
Oregon and the District of Columbia establish age 21 as their
cut-off for childhood, as does Missouri for persons in
Department of Family Services custody only (under age 18 for
other youth). Michigan’s statute includes in its youth employment
section a definition of youth that spans between ages 14
and 23.
DEFINITIONS OF CHILD, INFANT, JUVENILE,
MINOR, AND YOUTH
Alabama
Minor: Any person under 19 years of age [Infants and
Incompetents Title]. Code of Ala. §26-1-1 (2001).
Connecticut
Child: Any person under 16 years of age [Department of
Children and Families Chapter]. Conn. Gen. Stat. § 17a-1
(2001).
Youth: Any person 16 to 18 years of age [Department of
Children and Families Chapter]. Conn. Gen. Stat. § 17a-1
(2001).
Georgia
Child: Any person under 17 years of age [Juvenile
Proceedings]. O.C.G.A § 15-11-2 (2001).
Nebraska
Juvenile: Any person under 18 years of age [Juvenile Code].
R.R.S. Neb. § 43-245 (2001).
Minor: Any person under 19 years of age [Infants and
Juveniles Title]. R.R.S. Neb. § 43-2101 (2001).
New Hampshire
Child: Any person under 18 years of age [Public Safety and
Welfare Title]. RSA 169-C:3 (2001).
Minor: Any person under 17 years of age [Public Safety and
Welfare Title]. RSA 169-B:2 (2001).
Oregon
Child: Any person under 21 years of age [Child Welfare
Services Chapter]. ORS § 418.001 (2001).
Juvenile: Any person under 21 years of age [Child Welfare
Services Chapter]. ORS § 418.001 (2001).
Youth: Any person under 18 years of age [Juvenile Code
Chapter]. ORS § 419A.004 (2001).
District of Columbia
Child: Any person under 18 years of age [Family Division
Proceedings Chapter]. D.C. Code § 16-2301 (2001).
Minor: Any person under 21 years of age [Family Division
Proceedings Chapter]. D.C. Code § 16-2301 (2001).
Fast Facts
? 47 jurisdictions explicitly allow police to take runaway
youth into custody.
? 10 jurisdictions classify running away from home as a
status offense.
? 1 jurisdiction classifies runaway youth as delinquent.
? 6 jurisdictions explicitly allow runaway youth to be
detained in secure facilities.
? 1 jurisdiction does not address runaway youth in its
statutes.
? 6 jurisdictions classify truancy as a status offense.
? 3 jurisdictions classify truants as delinquent.
? 30 jurisdictions authorize curfews.
? 11 jurisdictions specifically authorize curfews for youth
as old as 17 years.
Ten jurisdictions classify runaway youth as status offenders:
Georgia, Idaho, Kentucky, Nebraska, South Carolina, Texas,
Utah, West Virginia, Wyoming and Guam. The Northern
Mariana Islands places youth who have run away from home
in the same category with delinquents. Six jurisdictions explicitly
permit runaway youth to be held in secure detention facilities:
Alabama, Georgia, Indiana, Nevada, South Carolina and
Northern Mariana Islands. Additional jurisdictions may allow
this practice. Delaware does not address runaway youth.
Almost all jurisdictions permit law enforcement officials to
take runaway youth into custody without a court order and
without the youth’s permission.
Curfews
Although many curfew laws contain exceptions for certain
activities, such as employment, education, religious
activities or errands directed by a parent, these laws restrict
the mobility of young people and criminalize normal, and
often necessary, behavior. Youth who are on their own and
are forced to be on the street after curfew because it is their
only living option may find themselves in contact with the
juvenile justice system because of a curfew law. This outcome
is harmful, unfair and unnecessary. Unaccompanied youth
must concentrate on daily survival activities, including
employment, school and finding shelter and food. To burden
them further with curfew laws and the consequent threat of
juvenile court involvement is inappropriate.
Emancipation
Fast Facts
? 30 jurisdictions have established processes for emancipation.
? In 9 of the jurisdictions, parental consent is required for
emancipation, but such consent can be waived in 4 of
those 9.
? 20 jurisdictions establish 16 as the minimum age to petition
for emancipation: 1 jurisdiction establishes 14 years
old as the minimum age to petition for emancipation, 1
jurisdiction establishes 15 years old as the minimum age.
? 21 jurisdictions recognize emancipation in limited circumstances,
but do not set forth a statutory process for
becoming emancipated.
Thirty jurisdictions provide a process by which young people
can become legally emancipated by a court. The most
common minimum age to petition for emancipation is 16
years old, with 20 jurisdictions establishing that limit: Alaska,
Arkansas, Connecticut, Florida, Illinois, Maine, Michigan,
Montana, Nevada, New Mexico, North Carolina, Oregon,
Pennsylvania, South Dakota, Texas, Vermont, Virginia,
Washington, West Virginia and Virgin Islands. California permits
youth as young as 14 years old to petition for emancipation,
Louisiana has set 15 years old as its minimum age. Five
jurisdictions do not specify any minimum age: Indiana, Kansas,
Mississippi, Oklahoma and Tennessee.
Common requirements for emancipation include attaining
a minimum age, living apart from parents, managing oneself
and being able to support oneself financially.
Some jurisdictions permit youth to become emancipated
without a court proceeding if they and their parents agree.
For example, in Puerto Rico, a parent and youth can agree to
emancipation and complete the process by signing a notarized
declaration. In Louisiana, a youth age 15 or over and
his or her parents can complete emancipation by signing a
notarized declaration in front of two witnesses.
RIGHTS OF YOUTH TO ENTER
INTO CONTRACTS
Generally, when a minor (a person under a certain age as
established by a jurisdiction) enters into a contract, the contract
is not legally binding. In other words, the law protects the
young person by permitting him or her to break the contract
without consequences. While this protection is sometimes beneficial
to young people, it may also make merchants, companies
and other parties unwilling to enter into a contract with a
youth. Therefore, the law may prevent young people from
being able to obtain certain goods, property and services
they need or desire.
Some unaccompanied youth are financially able to rent
apartments, buy cars, or enter into other contracts. Many such
contracts will be for shelter, transportation or other items that
are necessary for the youth to live independently. While they
remain legally minors, unaccompanied youth who live independently
may be unable to enter into these contracts.
Fast Facts
? 13 jurisdictions do not give minors any contract rights in
their statutes.
? 26 jurisdictions give minors only limited rights to obtain
insurance.
– 17 jurisdictions permit minors to enter into binding
contracts for certain purposes.
– 16 of these jurisdictions have statutes that permit
minors to enter into binding contracts for “necessitiesâ€
or “necessaries.â€
– 1 of these jurisdictions has a statute that expressly
provides a wide variety of binding contracts allowable
for a minor.
– 3 of these jurisdictions have statutes that permit
minors to enter into binding contracts for educational
loans.
– 4 of these jurisdictions have statutes that specifically
permit minors to enter into binding contracts for real
property.
– 1 of these jurisdictions has a statute that permits
minors to enter into binding contracts for business
purposes.
Thirteen jurisdictions do not give minors any statutory contract
rights: Alabama, Kentucky, Maryland, Minnesota, New
Hampshire, Pennsylvania, Rhode Island, South Carolina,
Tennessee, Wisconsin, American Samoa, Northern Mariana
Islands and Puerto Rico.
Twenty-six jurisdictions have statutes giving a minor only the
limited right to contract for insurance over life, property, health,
body, the lives of others, and/or other insurable interests.
Only seventeen jurisdictions have passed statutes that
permit minors to enter into binding contracts for other purposes.
Sixteen of those seventeen jurisdictions permit minors
to enter into binding contracts for “necessities†or “necessaries:â€
Arkansas, California, Georgia, Idaho, Iowa, Kansas,
Louisiana, Maine, Montana, North Dakota, Oklahoma,
Oregon, South Dakota, Utah, Washington and Guam. In
addition, Missouri law specifies a number of binding contracts
allowable for minors, which would include most categories
considered to be necessities.
Arkansas, Missouri and Montana have statutes allowing
minors to form binding contracts for educational loans. The
statutes of Arkansas, Maine, Missouri and Oregon also bind
minors to contracts for real property. Louisiana law permits
minors to enter into binding contracts for business purposes.
HARBORING UNACCOMPANIED YOUTH
Fast Facts
? 16 jurisdictions make it a crime to harbor a runaway.
? At least 1 jurisdiction makes it a crime to harbor any child.
? At least 20 jurisdictions make it a crime to contribute to
the delinquency or dependency of a minor.
? At least 8 jurisdictions make it a crime to interfere with
custodial rights.
? At least 4 jurisdictions make it a crime to conceal a minor.
http://www.nlchp.org/content/pubs/Alone ... 0Home1.pdf
