[hollyj]

My question involves juvenile law in the State of Virginia. In the state of Mo where we reside, my incorregible teen state she can move out at 17. This is what the I was told be official of the state.

Regarding 17 year olds, many attempts have been made over the past few years to change the laws to close the loopholes, but all bills have failed. Therefore, a 17 year can move out, not go to school and make their own choices. However, their parents are still liable for all of their actions and behaviors. At the age of 17, the child is considered and adult. However, unless the child is emancipated, the parents are still liable for the actions of a 17 year old. Legally, the parents do not have any options unless the child would agree to go through the emancipation process. Parents can make the decision to not allow their 17 year old to live with them; however, this is a sticky situation also since the parent(s) are still liable for the actions and consequences of not allowing their child to live with them

Her father lives in the state of Virginia. Are the laws the same there?

[aaron]

Juvenile courts in Virginia have jurisdiction over 17-year-olds.

[BOR]

My question involves juvenile law in the State of Virginia. In the state of Mo where we reside, my incorregible teen state she can move out at 17. This is what the I was told be official of the state.

You will find that info supplied by such officials is not always the letter of the law.

Regarding 17 year olds, many attempts have been made over the past few years to change the laws to close the loopholes, but all bills have failed. Therefore, a 17 year can move out, not go to school and make their own choices. However, their parents are still liable for all of their actions and behaviors. At the age of 17, the child is considered and adult. However, unless the child is emancipated, the parents are still liable for the actions of a 17 year old.

The age of majority in both MO and VA is 18.

VA:

§ 1-204. Age of majority.

For the purposes of all laws of the Commonwealth including common law, case law, and the acts of the General Assembly, unless an exception is specifically provided in this Code, a person shall be an adult, shall be of full age, and shall reach the age of majority when he becomes 18 years of age.


I could not find a MO statute with a specific catch phrase/Title of "age of majority", however, it is 18. It may be true, some states treat 17 year olds as adults for criminal law prosecution purposes, but this does not alter the AOM.

If you are speaking of parental "support" liability, you have none, as the minor ran away.

If you are speaking of parental responsibilty laws, I found some, and they deal with if the child is still in your "care and custody" etc..

http://www.moga.mo.gov/statutes/C500-599/5370000045.HTM

http://www.moga.mo.gov/statutes/C500-599/5700000087.HTM

http://www.moga.mo.gov/statutes/C200-299/2110000185.HTM

If they ran away/left home, I can't see any liability, unless the case law states otherwise??

I don't know what law the official was citing, but just because the mandatory school age is 16, it does not emancipate the minor and until the AOM is reached, I "strongly suspect" the minor would be considered a runaway if they left home at 17.

IF it does happen, report it to the police, then your primary legal duty, if any, has has discharged and you have substantially complied with the law "as you understand it". If they fail to act, they have either determined returning a 17 yr old to the home is not a high priority OR they know a law I have not come across. The point being, you made the report.

Her father lives in the state of Virginia. Are the laws the same there?

I have not sorted through VA parental liability laws, going through MO's was a task in itself!!!

I suspect the AOM is in force as far as runaways in VA also.

BOR *Bill of Rights*

[aaron]

These issues revolve around juvenile court jurisdiction. If a legislature eagerly lowers the maximum age of jurisdiction in order to prosecute certain minors as adults, they can create this type of problem - adult courts don't have jurisdiction over status offenses like running away, yet the minor is too old to be taken to juvenile court.

But the notion that a parent is liable for everything a minor does is also generally exaggerated. States typically put limits on parental liability for a minor's willful misconduct. (Missouri's statute making a parent responsible for property damage by a minor (MRS Sec. 537.045, linked above) specifically requires that the minor be "in their care and custody" for the law to apply.) Negligence actions against a parent require some form of culpable act or omission that would be very difficult to show with a runaway who is living outside of parental authority.

[BOR]

States typically put limits on parental liability for a minor's willful misconduct. (Missouri's statute making a parent responsible for property damage by a minor (MRS Sec. 537.045, linked above) specifically requires that the minor be "in their care and custody" for the law to apply.)

It also states this Aaron, in addition to the custody/control provision.


"provided that the parent or guardian has been joined as a party defendant in the original action".

So it seems BOTH provisions must be applicable.