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General Interest => Feed Your Head => Topic started by: cmack on November 25, 2011, 04:01:35 PM

Title: Youth w/out a Home - Laws - All 50 States
Post by: cmack on November 25, 2011, 04:01:35 PM
http://www.nlchp.org/content/pubs/Alone ... 0Home1.pdf (http://www.nlchp.org/content/pubs/Alone%20Without%20A%20Home1.pdf)

The 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 Home

A State-by-State
Review of
Laws Affecting
Unaccompanied Youth


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TABLE 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

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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.

Quote
Fast Facts
? 10 jurisdictions include a definition of the term “youth.”
? 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.”
? 14 jurisdictions explicitly define the terms “homeless
child,” “homeless youth” or “homeless student.”

Quote
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.

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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).

Quote
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.

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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.

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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.

Quote
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 “necessities”
or “necessaries.”
– 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:”
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.

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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 (http://www.nlchp.org/content/pubs/Alone%20Without%20A%20Home1.pdf)
Title: Re: Youth w/out a Home - Laws - All 50 States
Post by: Anonymous on November 26, 2011, 10:33:16 AM
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Title: Re: Youth w/out a Home - Laws - All 50 States
Post by: DannyB II on November 26, 2011, 08:44:18 PM
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Title: Re: Youth w/out a Home - Laws - All 50 States
Post by: Horatio on November 26, 2011, 08:50:42 PM
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Title: Re: Youth w/out a Home - Laws - All 50 States
Post by: Ruaraidh on November 26, 2011, 09:01:12 PM
This is actually a great topic especially right now. More families are struggling today then have in multiple decades. Children are going to bed hungry, sleeping in cars and vans ect....lacking proper nourishment.
Title: Re: Youth w/out a Home - Laws - All 50 States
Post by: Anonymous on November 26, 2011, 09:37:06 PM
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Title: Re: Youth w/out a Home - Laws - All 50 States
Post by: Anonymous on November 26, 2011, 09:38:59 PM
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Title: Re: Youth w/out a Home - Laws - All 50 States
Post by: DannyB II on November 26, 2011, 09:45:51 PM
...
Title: Re: Youth w/out a Home - Laws - All 50 States
Post by: Anonymous on November 26, 2011, 09:54:52 PM
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Title: Re: Youth w/out a Home - Laws - All 50 States
Post by: DannyB II on November 26, 2011, 10:43:52 PM
.....
Title: Re: Youth w/out a Home - Laws - All 50 States
Post by: Xelebes on November 26, 2011, 10:46:11 PM
Shut the fuck up, Danny.
Title: Re: Youth w/out a Home - Laws - All 50 States
Post by: Anonymous on November 26, 2011, 10:56:09 PM
.
Title: Re: Youth w/out a Home - Laws - All 50 States
Post by: Ursus on November 29, 2011, 11:32:55 AM
Thanks for posting a link to this, cmack!

Alone Without A Home (http://http://www.nlchp.org/content/pubs/Alone%20Without%20A%20Home1.pdf) (pdf)[/list]
Title: Re: Youth w/out a Home - Laws - All 50 States
Post by: cmack on November 30, 2011, 02:48:49 AM
Quote from: "Ursus"
Thanks for posting a link to this, cmack!

    Alone Without A Home (http://http://www.nlchp.org/content/pubs/Alone%20Without%20A%20Home1.pdf) (pdf)[/list]

    You're welcome. When I found it online I thought it might be a useful resource and wanted to make it available to others on fornits.
    Title: Youth Rights in South Carolina
    Post by: cmack on November 30, 2011, 12:58:33 PM
    I saw this on another site and thought it might be helpful to any young people in South Carolina.

    http://www.ehow.com/info_8386011_legal- ... olina.html (http://www.ehow.com/info_8386011_legal-rights-17yearolds-south-carolina.html)

    Quote
    http://www.ehow.com/info_8386011_legal-rights-17yearolds-south-carolina.html

    Legal Rights of 17-Year-Olds in South Carolina
    X
    Jonita Davis

    Jonita Davis is freelance writer and marketing consultant. Her work has appeared in various print and online publications, including "The LaPorte County Herald Argus" and Work.com. Davis also authored the book, "Michigan City Marinas," which covers the history of the Michigan City Port Authority. Davis holds a bachelor's degree in English from Purdue University.
    By Jonita Davis, eHow Contributor

    updated May 09, 2011

    In every state within the U.S., a minor is a child who is younger than 18 years of age. Minors' rights are heavily restricted under the premise that one has to reach a certain age of majority before rights are granted. However, not all minors are at the mercy of their parents. In fact, 17-year-olds hold a few rights in the state of South Carolina that are protected by the state legal code.

    Read more: Legal Rights of 17-Year-Olds in South Carolina | eHow.com http://www.ehow.com/info_8386011_legal- ... z1fDD2LWQ2 (http://www.ehow.com/info_8386011_legal-rights-17yearolds-south-carolina.html#ixzz1fDD2LWQ2)

       1.
          Medical Consent
              *

                In South Carolina, a 17-year-old has the right to consent or deny treatments or tests on his own body. Parents cannot override these rights without going to court and proving the 17-year-old patient unfit to make his own medical decisions. These rights extend to consent after death, the 17-year-old has the right to refuse or consent to donating body parts, refusing resuscitation or performing diagnostics on the body.

          Driving
              *

                At age 17, the South Carolina teen has the right to a full driver's license. If the teen is receiving the license for the first time, it will be a permit and then a restricted driver's license. With it, he can drive alone during the day or with one passenger under age 21. Driving at night or with more than on minor passenger requires an adult over the age of 21 in the car. After a year of good driving (no accidents or tickets), the teen receives a full license. The minimum age for receiving a license with full privileges is 17.
          Reproductive Rights
              *

                Many states have passed legislation protecting the legal rights of teen girls. South Carolina is not different. The 17-year-old has the right to seek and receive birth control without parental consent. She can also seek prenatal care, adoption for the child or medical care for the infant after birth, all without consent from the parents. The state does require parental consent for abortions.
          Emancipation
              *

                Teens who seek to control their own finances, living arrangements and to receive the rights of an adult have the right to petition the courts for emancipation. Emancipated minors are legally granted the rights of a mature adult. The teen must prove to the court that he is financially responsible, having a means to provide food, shelter and other needs without parental support.


    Read more: Legal Rights of 17-Year-Olds in South Carolina | eHow.com http://www.ehow.com/info_8386011_legal- ... z1fDDASAkV (http://www.ehow.com/info_8386011_legal-rights-17yearolds-south-carolina.html#ixzz1fDDASAkV)

    A relevant comment on the site.

    Quote
    Kathy Daniels · Chesterfield Marlboro Tec
    A South Carolina policeman recently told my daughter (that was 16 at the time) that she had to follow my rules until she turned 17 then she could be out on her own. Approximately 3 weeks after she turned 17 she left home. The same police dept. told me there was nothing they could do about it but look for her and ask her to return home because they couldn't make her come because she was an adult at 17!
    Reply · Like
    · Sunday at 10:13pm

    If it is true that 17-year-old's in South Carolina can consent or refuse consent for medical treatments on his body then presumably that also applies to the type of forced treatment fornits is concerned with such as mental, behavioral, and substance.

    The biggest problem I think is that most young people don't know their rights. And if you don't know your rights you can't exercise them.
    Title: 17-year-old's in Georgia
    Post by: cmack 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 (http://wiki.answers.com/Q/How_old_do_you_have_to_be_to_move_out_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 (http://wiki.answers.com/Q/How_old_do_you_have_to_be_to_move_out_in_Georgia#ixzz1fDPl7tED)

    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 (http://wiki.answers.com/Q/How_old_do_you_have_to_be_to_move_out_in_Georgia#ixzz1fDPypEO1)


    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.
    Title: 17-Year-Old Georgia Runaways
    Post by: cmack on November 30, 2011, 05:26:15 PM
    http://www.dougherty.k12.ga.us/dpms/PDF ... unaway.pdf (http://www.dougherty.k12.ga.us/dpms/PDFs/POL/POL-P004_MissingPersonRunaway.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.
    Title: Michigan Law & 17-year-olds
    Post by: cmack on December 05, 2011, 04:16:40 PM
    http://www.lawrefs.com/item/17-year-old ... s-helpless (http://www.lawrefs.com/item/17-year-old-runaways--not-adults-not-juveniles-and-not-children---michigan-law-leaves-parents-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.
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