Emancipation for a Pregnant Child in Foster Care
My question involves juvenile law in the State of: Virginia
I'm in permanent foster care, but not adopted. I'm pregnant and none of my parents have given up their parental rights. They are nowhere to be found. In my situation I went through a lot. My foster mom said if I ever got pregnant she would make me ger an abortion. Is emancipation available for me?
Re: Emancipation for a Pregnant Child in Foster Care
Obviously not. Read this.
Re: Emancipation for a Pregnant Child in Foster Care
Not by a long shot. The moment you got pregnant you lost what little chance you ever had of being emancipated, and the fact that you were in foster care (regardless of the reason you were there) meant that even before you got pregnant your chances were pretty much non-existant.
Emancipation is not and never was intended to be a means for teens to leave a bad situation. It was and is intended to be a means to provide legal protections to those teens who, for reasons outside of their control, found themselves living alone.
FYI no one can force you to have an abortion.
Re: Emancipation for a Pregnant Child in Foster Care
Well, is there the smallest chance? My foster parents would sign papers but I'm supported by the state and I have been since I was 12 years old. I also would have a job. I'm curious , because the chances of me switchimg homes is high... so what are the chances of my social worker at CSV being able to help me?
by the way.... would my foster parents need to give permission or would my ''real parents''?
Re: Emancipation for a Pregnant Child in Foster Care
It's too much to follow a link?
Quote:
Quoting Virginia Code § 16.1-333. Findings necessary to order that minor is emancipated.
The court may enter an order declaring the minor emancipated if, after a hearing, it is found that: (i) the minor has entered into a valid marriage, whether or not that marriage has been terminated by dissolution; or (ii) the minor is on active duty with any of the armed forces of the United States of America; or (iii) the minor willingly lives separate and apart from his parents or guardian, with the consent or acquiescence of the parents or guardian, and that the minor is or is capable of supporting himself and competently managing his own financial affairs.
Your chances, thus, depend upon your successful enlistment and active duty service in the military, your entry into lawful marriage, or your being at least sixteen years old and living apart from your guardians with their consent while proving to a court that you are capable of supporting yourself (and your baby) and are completely managing your own affairs. Pick a door.
Re: Emancipation for a Pregnant Child in Foster Care
No. There is not even a remote chance of emancipation. Emancipation is very, very, very rare and you do not even begin to meet the qualifications.
It doesn't matter who would give permission since no matter who signed the papers your petition would be denied.
Re: Emancipation for a Pregnant Child in Foster Care
what option do i have left? I can't stay where I am.
Re: Emancipation for a Pregnant Child in Foster Care
Why not? You haven't provided any information to suggest that you're in danger where you are.
Re: Emancipation for a Pregnant Child in Foster Care
Quote:
Quoting
steph12911
what option do i have left? I can't stay where I am.
You can discuss your options with your case worker.
Re: Emancipation for a Pregnant Child in Foster Care
She will send me to another foster home. If i'm going to be moved around and i have someone who isn't in the foster care system but isn't family would there be a chance of going with them? if not i have my mother who says she will take me in. are those options gone since im already in permanent foster care?
Re: Emancipation for a Pregnant Child in Foster Care
That decision can only be made by the state, since you are a ward of their care. All you can do is raise the question with your case worker.
Re: Emancipation for a Pregnant Child in Foster Care
If you are in a state of "permanent" foster care, I think it is safe to assume that mom has already lost any custodial rights. So, moving in with mom is not likely to happen.
As mentioned numerous times, you will have to discuss this with your case worker. You have little control over the entire situation and you have demonstrated a good level of irresponsibility already ... in fact, if you got pregnant while in foster care, there may be an investigation not only of the circumstances of your pregnancy, but also with the foster parents to determine their ability to perform the oversight required.
Unless a family member or friend can get approved to become a foster parent and the state deems it a fit place for you to be, you are not likely to be permitted to just go live with who you please.
Speak to the social worker as soon as you can.