Emancipation While Living In A Foster Home

HI I need some advice on something... i am currently loving in oregon with a foster family for another 1 to two monthes, they have no idea where i'm going to go after i leave her because my last foster home didnt go so well and i can't go back to my home... i really want to stay in the town i live in but there are no foster homes... i am sixteen soon to be seventeen and have a job and am on track to graduate.. i was wondering how hard it is to get emancipated and how much it costs.. shoould i try to get emacipated?

It is very hard to get emancipated and "I don't want to change towns" is not a reason that a judge will consider.

If you're in foster care, you're a ward of the court. Talk to your case worker.

i have already tried talking to the caseworker on my case, he just had a death in his family and plus he never gets back to me or even sees me except for maybe about once every 2 months, and to your comment i dont want to get emancipated just because i don't want to move... ive wanted to get emancipated since i was 14... and that was before i was even in foster care, but now that im stuck in foster care i want it even more.. :wallbang:do you know how much money you need to have in the bank to get emancipated?

i was also wondering how much of your background do they look into while they are deciding.. thank you and if you could reply soon that would be nice..

Its not what you have in the bank its what your income is that will be your source of support

Your background as in, do they consider your criminal record? Absolutely.

no i dont have a criminal history.. nothing nada zip zilch i just have been in like residential treatment for a suicide attempt and cutting

Then your chances are less than zero. Your suicide attempt shows you lack the mental and emotional capabilities to care for your own needs. Not to mention you have not stated (or I missed it) your source of income, where you will, and how you will continue your education

well your pretty negative... i have a job... i go to school im an a and b student and i am planning on living with a friend until we get our own place...

Negative? No sorry its reality by the way living with a friend (whom I assume will share bills) is not self support. Your income is how much? That too plays a role. Last and most important you have a history of suicide and self mutilation. There is no judge that is going to put you in a more stressful situation (living and paying your own way is stressful) with your mental history. Short answer emancipation is not an option

I agree, it's not going to happen.

Quote:

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419B.558. Conditions for issuance of decree; copy to applicant; issuance of license or identification card by Department of Transportation; emancipated person subject to adult criminal jurisdiction.


(1) The juvenile court in its discretion may enter a decree of emancipation where the minor is at least 16 years of age and the court finds that the best interests of the minor will be served by emancipation. In making its determination, the court shall take into consideration the following factors:

(a) Whether the parent of the minor consents to the proposed emancipation;


(b) Whether the minor has been living away from the family home and is substantially able to be self-maintained and self-supported without parental guidance and supervision; and


(c) Whether the minor can demonstrate to the satisfaction of the court that the minor is sufficiently mature and knowledgeable to manage the minor's affairs without parental assistance.

(2) Upon entry of a decree of emancipation by the court, the applicant shall be given a copy of the decree. The decree shall instruct that the applicant obtain an Oregon driver's license or an Oregon identification card through the Department of Transportation and that the Department of Transportation make a notation of the minor's emancipated status on the license or identification card.


(3) An emancipated minor shall be subject to the jurisdiction of the adult courts for all criminal offenses.

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Too many kids come here thinking that all they have to do is declare a desire to be emancipated and the judge will rubber stamp the form.

Emancipation is not based on, I want. Emancipation is based on, I need. Emancipation was and is not intended to be a way to allow kids to be on their own. It was and is a means of providing legal protection to those kids who, through no fault of their own, found themselves on their own.

If we seem negative, it's for a reason. VERY FEW teens actually succeed in being granted emancipation. We wouldn't be doing you any favors by letting you think it will be easy.

How hard is it? One of the responders here did some research for his state. In the year 2005, out of several thousand applications, twelve applications were granted. That's not twelve hundred; that's twelve. One football team plus one back up player. The state in question thought that was too many so they toughened up the laws. In 2006, NO teens in his state were emancipated.

Nothing you have posted suggests that you are a good candidate to be one of the very few exceptions. In fact, everything you have posted suggests that you are a very poor candidate for emancipation. If telling you that means that we're being negative, well then, that's what it means. Emancipation is not a right.

well i guess this site isn't what all it's cracked up to be so i guess i'm gonna go whatever...

All we can do is tell you the law. We can't make you like it.

"Whatever" theres a mature response. Let me tell you this we gave you your legal answers. If you do not like them too bad we didnt write the laws. You are free to try other legal advice sites (many of us post on several of them) but I assure you, you will get same answers. Of course you can spend some money hire an Attorney just to find out we are right. then of course you could do the wise thing and just relax and do what your told.....oh wait I am talking to another teen (there are countless numbers) who thinks they know it all.

Quote:

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Quoting crystal_91

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well i guess this site isn't what all it's cracked up to be so i guess i'm gonna go whatever...

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Oh ferchrissakes.

Is THIS why you PM'd me? Hoping I'd tell you what you wanted to hear instead of the truth? What good would THAT do you?

Ye gods and little fishes.

The purpose of this site is not to tell you what you want to hear; nor is it to find ways to help you get around the law to get the result you want.

If that's what you're looking for, then yes, you're on the wrong site.

I'm sure you can find plenty of sites that will give you the answers you want. But hearing what you want to hear isn't going to do you any good when you come up against the legal system and the legal system says NO.

i already have an attorney ... any foster youth in marion county has a court appointed attorney.

Then thats where your legal advice should come from