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Runaway Who Needs to Be Emancipated

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  • 07-31-2012, 07:26 AM
    Majikmakr
    Runaway Who Needs to Be Emancipated
    My question involves juvenile law in the State of: Indiana

    My friend is a runaway. i saw him the other day and had a long talk with him. We came to the conclusion that he needs to be emancipated. School has started and his parents didnt have him enrolled anywhere even before a couple of days until school. he is in a lot of trouble and needs serious help, is it possible for him to be emancipated? Any answers are needed/wanted
  • 07-31-2012, 07:36 AM
    LawResearcherMissy
    Re: Runaway Who Needs to Be Emancipated
    Quote:

    is it possible for him to be emancipated?
    Not a chance. Running away shows he's not mature enough to handle himself well.

    Additionally, you make no mention of his ability to support himself 100%, including market rate rent, groceries, medical expenses, and incidentals, with no help from anyone else.
  • 07-31-2012, 01:21 PM
    cdwjava
    Re: Runaway Who Needs to Be Emancipated
    Here is the law:

    IC 31-34-20-6
    Emancipation of child; findings; terms
    Sec. 6. (a) The juvenile court may emancipate a child under section 1(5) of this chapter if the court finds that the child:
    (1) wishes to be free from parental control and protection and no longer needs that control and protection;
    (2) has sufficient money for the child's own support;
    (3) understands the consequences of being free from parental control and protection; and
    (4) has an acceptable plan for independent living.
    (b) If the juvenile court partially or completely emancipates the child, the court shall specify the terms of the emancipation, which may include the following:
    (1) Suspension of the parent's or guardian's duty to support the child. In this case the judgment of emancipation supersedes the support order of a court.
    (2) Suspension of the following:
    (A) The parent's or guardian's right to the control or custody of the child.
    (B) The parent's right to the child's earnings.
    (3) Empowering the child to consent to marriage.
    (4) Empowering the child to consent to military enlistment.
    (5) Empowering the child to consent to:
    (A) medical;
    (B) psychological;
    (C) psychiatric;
    (D) educational; or
    (E) social;
    services.
    (6) Empowering the child to contract.
    (7) Empowering the child to own property.
    (c) An emancipated child remains subject to the following:
    (1) IC 20-33-2 concerning compulsory school attendance.
    (2) The continuing jurisdiction of the court.
    As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.206.

    What reason can he cite that would compel a court to terminate mom and dad's rights as parents?

    Is he 16 or older?

    Has he been the victim of criminal abuse (physical or sexual, not the so-called "emotional")?

    Does he have a job?

    Has his being a runaway been report to the authorities? If so, anyone who aids him in remaining out of the care and custody of his parents or the state can be charged with criminal offenses.

    Running away is generally a sign of immaturity and not a sign that something is truly wrong. If you are truly concerned he is in a bad place and bad stuff is happening, call the authorities presently. Emancipation does not appear to be a viable option at this point.
  • 07-31-2012, 01:32 PM
    lawaholic
    Re: Runaway Who Needs to Be Emancipated
    I agree with the above 2 posts. Number one, running away shows immaturity, which automatically shows he's not old enough to handle being on his own. Even if he ran away to escape abuse, it was still the wrong way to handle the situation. If he was being abused, he should have contacted law enforcement and gotten child protective services involved. I don't know how old he is specifically, but since he is still school-aged, he needs adult guardianship and support so that he can continue his education. If he emancipates - not that I think any judge would grant him emancipation - he will most likely be forced to quit school, because he will have to work at least full-time in order to support his own household.
  • 07-31-2012, 02:56 PM
    Disagreeable
    Re: Runaway Who Needs to Be Emancipated
    Quote:

    Quoting Majikmakr
    View Post
    My question involves juvenile law in the State of: Indiana

    My friend is a runaway. i saw him the other day and had a long talk with him. We came to the conclusion that he needs to be emancipated. School has started and his parents didnt have him enrolled anywhere even before a couple of days until school. he is in a lot of trouble and needs serious help, is it possible for him to be emancipated? Any answers are needed/wanted

    He needs to go home. If he has abuse issues there, he needs to call the police or childrens services prior to doing so.
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