What Happens to Runaway Charges Once the Minor in Question Turns 18
My question involves juvenile law in the State of: New Mexico, also the USA
My question concerns an 17 year old male who turns 18 this July, his household has been abusive and he has had to attend counseling for PTSD. His plans are to run away from home in the next few weeks, he will not call CPS or report abuse, or consent to anyone else who knows the situation to do so either as he is the only one of his siblings being abused, and he does not want to cause any problems for his younger siblings.
He plans to leave the state, and live on his own until after he turns 18.
- Will him leaving the state affect the charges?
- Once he turns 18 will the police still be able to detain him as a runaway?
- If so, will the charge be put onto his permanent record?
- Will anyone else who helps him after this point be in danger of charges of aiding or assisting a runaway, or of kidnapping?
Thank you.
Re: What Happens to Runaway Charges Once the Minor in Question Turns 18
Those who assist him in being a runaway could face criminal charges. WHY he ran away doesn't matter, and the people that assist him as a minor are not home free even after he turns 18.
What about school? Health care? These things aren't going to be possible while on the run. His life will only become more screwed up if he takes off.
And the fact that he was reported as a runaway will always be on some record somewhere, even if it is not criminal.
If he is truly being abused or neglected in suc h a say that it requires counseling, the therapist would have already reported it, most likely. So, either his problems are not brought on by abuse or neglect, or he is not really in counseling. If he ad truly been diagnosed with PTSD as a result of his parents, the authorities would have been all over that. And PTSD for him but not his siblings? Sorry, not buying this tall tale.
Re: What Happens to Runaway Charges Once the Minor in Question Turns 18
@cdwjava
He has been doing fine on his own, "camping" and getting odd jobs. He plans to get his GED if he can "resurface" after he turns 18. As for healthcare, in his own words, "If I get in such bad shape I couldn't take care of myself there is no reason to spend the rest of a pathetic life paying off the person that 'saved' me."
Will the charge be on his unsealed adult record if he is still a runaway when he turn 18?
The PTSD diagnosis was from an event mostly unrelated to his situation at home, as such there was no further investigation into that aspect.
Re: What Happens to Runaway Charges Once the Minor in Question Turns 18
He is foolish to do this now. Employers frown on a GED. He is in the home stretch. He would be better to study at the library and hang with his friends, staying over night, with parental permission.
Re: What Happens to Runaway Charges Once the Minor in Question Turns 18
You seem to know a lot about this child ... you are either the child, or, you are the person he is likely to run to. And if you are the one who seeks to "rescue" him, keep in mind that you may well only know that which he wants you to know. People can lose their freedom and their own children for listening to the lies told by manipulative teens.
And if the PTSD was not related to his home environment, why bring it up at all? You brought it up in an attempt to justify his running away. It appears it is a non issue. I am also hard pressed to come up with many likely scenarios that would come up with a child being diagnosed with PTSD, and those that I can conceive would almost certainly result in greater harm to the teen by running away!
Running away is NOT the resolution of a problem and typically creates far more emotional and physical risk that it might prevent. The research regarding runaways and what might become of them - even 17 year old runaways - is pretty darn scary.
Whether being a runaway is a criminal charge in his state, I don't know ... I doubt it, though. But, the report and people's memories will exist pretty much forever. What state record might exist will be subject to the public records laws of NM. However, anyone who aids him can still be charged for however many years it might take for the SOL to pass.
This is a bad idea on many levels. And it is not so easy to go back and get a GED when one drops out. I work with people that are struggling to do just that years after they dropped out of school. But, unplanned children, the need to eat (and work odd jobs, mostly for cash, no benefits, and no future) and even jail time (as crime becomes far more likely when one leaves home early) all get in the way.
If he is serious about changing his life, he needs to seek some counseling for what really bothers him. As it is, it sounds like he simply wants to do what he wants to do for reasons that he is attempting to justify (or you are attempting to justify them for him).
Re: What Happens to Runaway Charges Once the Minor in Question Turns 18
@cdwjava
He plans to stay on his own until he turns 18, we were best friends, so he asked me to get the information listed above for him.
I brought up the PTSD because it affects how any case relating to him will be presented in court. While he was diagnosed with PTSD, the details are sealed and as such there is no pending legal action, aside from a citizens report of a confession with his name in it.
As you have stated, you are not familiar with the laws from NM, which is not really what I was asking. I really appreciate the effort you put into your responses, and the thought you it into the situation.
However, I just wanted to get answers to the questions I provided in the OP, it's too late to change what has been done already, I'm asking about how the laws apply in the future, as he will no longer be a minor. I have done my research, and I was unable to find solid answers to the questions I have.
Thank you.
Re: What Happens to Runaway Charges Once the Minor in Question Turns 18
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@cdwjava
He plans to stay on his own until he turns 18, we were best friends, so he asked me to get the information listed above for him.
Very bad idea .... it WILL impact him for the rest of his life.
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I brought up the PTSD because it affects how any case relating to him will be presented in court. While he was diagnosed with PTSD, the details are sealed and as such there is no pending legal action, aside from a citizens report of a confession with his name in it.
The PTSD will be unrelated to any case against him unless it is to show diminished capacity if he is tried for some sort of criminal act. As such, it seems to be a non sequitor here.
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However, I just wanted to get answers to the questions I provided in the OP, it's too late to change what has been done already, I'm asking about how the laws apply in the future, as he will no longer be a minor. I have done my research, and I was unable to find solid answers to the questions I have.
Then if he thinks his life is hard now, it will only be harder if he continues along this course. And, any who help him risk the loss of their own freedom.
Re: What Happens to Runaway Charges Once the Minor in Question Turns 18
@cdwjava
Once again, thank you for your opinions on the matter, I understand what you are saying. I would like to ask for just the answers to the questions I put up, relating to the actual laws, not what will be a good or bad idea.
- Will him leaving the state affect the charges?
- Once he turns 18 will the police still be able to detain him as a runaway?
- If so, will the charge be put onto his permanent record?
- Will anyone else who helps him after this point be in danger of charges of aiding or assisting a runaway, or of kidnapping?
Thank you.
Re: What Happens to Runaway Charges Once the Minor in Question Turns 18
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@cdwjava
Once again, thank you for your opinions on the matter, I understand what you are saying. I would like to ask for just the answers to the questions I put up, relating to the actual laws, not what will be a good or bad idea.
Ignoring the truth and the reality does not make it any better an idea. Statistically, his life is far more likely to be negatively impacted by fleeing than it would be by staying and receiving proper assistance if any is really needed.
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Will him leaving the state affect the charges?
Since being a runaway is not a criminal charge, no. But, it can add a new element to those who are aiding him as federal charges as well as state charges in two states can apply.
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Once he turns 18 will the police still be able to detain him as a runaway?
Depending on the state he flees to, probably not.
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If so, will the charge be put onto his permanent record?
See above.
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Will anyone else who helps him after this point be in danger of charges of aiding or assisting a runaway, or of kidnapping?
Anyone who helps an adult is not guilty of anything unless the act being aided is unlawful. Anyone who assists a minor in fleeing the care and custody of his parents can be charged with a crime. In theory, you might also be subject to criminal prosecution for providing him aid to remain out of the care of his parents. And, of course, you could potentially be charged for any injury that he might incur as a result of your aid.
Re: What Happens to Runaway Charges Once the Minor in Question Turns 18
Will him leaving the state affect the charges? No
Once he turns 18 will the police still be able to detain him as a runaway? possibly
If so, will the charge be put onto his permanent record? Yes
Will anyone else who helps him after this point be in danger of charges of aiding or assisting a runaway, or of kidnapping? Yes.
Are we quite clear on this now?