Emancipation of Teenager from Abusive Conditions

My question involves emancipation laws for the State of: Indiana
My girlfriend has been living on her own supporting herself for 3 months now (November-February). She left home under the circumstances of abuse- her father went to jail only a year and a half ago because of neglect, strangulation, and battery charges for abusing his children in public (physically), as well as for severely hurting my girlfriends mother.

Since my girlfriends father has left, her mother has been completely abusive. She has been ignoring her childrens cries for help, does more partying than parenting, does not take her medications, insists on her older daughter not having a job or a life, refuses to provide essentials for oldest daughter including money for doctor visits, vitamins, food, clothing, schooling, etc., "forgets" to feed and bathe youngest 6 year old daughter, and does not cook or clean (unless it is to deceive visitors).

Both Child Protective Services and the Police have been involved in the families case, but have never once went inside the house to check things out or ask the kids if everything is ok. My girlfriends little brother and sister are neglected and are afraid to tell someone about it for fear that their mom might hurt them. They want to go live with their grandparent's who can afford to give them a happy healthy life.

Anywho, my girlfriends mother has just recently decided that she wants her home so that she can watch her 6 year old sister five days a week instead of having a job and a life. Can she do this? If she were to call the police, would they take my girlfriend straight back to her house? Will she have a chance to be emancipated, especially since she's been living on her own for three months now? My family helps provide for her, she's getting a job within the next month, she has a 4.0 GPA now that she's living with my family, she's involved with charity, and she's much healthier now that she is in a clean, stable environment.

Any advice, also? Are there pro-bono lawyers around that may help her out that are legit? Also, will the police consider the lists my girlfriend and I put together for them that state reasons why she should be emancipated, people that will help in supporting her, all of the reasons why her mom should not have her children and is an unfit parent, as well as her plans to go to college this fall?

Thanks

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Quoting ash_chris

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My question involves emancipation laws for the State of: Indiana
My girlfriend has been living on her own supporting herself for 3 months now (November-February).

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A COURT will consider that she is "supporting herself" IF: she's paying rent, utilities, transportation, food, health insurance, clothing, etc. Is she doing ALL of these things, with money that SHE earns?

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She left home under the circumstances of abuse- her father went to jail only a year and a half ago because of neglect, strangulation, and battery charges for abusing his children in public (physically), as well as for severely hurting my girlfriends mother.

Since my girlfriends father has left, her mother has been completely abusive. She has been ignoring her childrens cries for help, does more partying than parenting, does not take her medications, insists on her older daughter not having a job or a life, refuses to provide essentials for oldest daughter including money for doctor visits, vitamins, food, clothing, schooling, etc., "forgets" to feed and bathe youngest 6 year old daughter, and does not cook or clean (unless it is to deceive visitors).

Both Child Protective Services and the Police have been involved in the families case, but have never once went inside the house to check things out or ask the kids if everything is ok. My girlfriends little brother and sister are neglected and are afraid to tell someone about it for fear that their mom might hurt them.

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Unfortunately for all concerned, telling someone about it is the ONLY way that the situation could possibly change. Any child going to school and telling a teacher that they are not being fed and there is no food in the home WILL get a reaction. She needs to continue to report abuses like not providing food.

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They want to go live with their grandparent's who can afford to give them a happy healthy life.

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The only ways for that to happen are:

1) mom agrees, or

2) grandparents go to court and file for guardianship (and win), or

3) CPS removes the children from the home and places them there

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Anywho, my girlfriends mother has just recently decided that she wants her home so that she can watch her 6 year old sister five days a week instead of having a job and a life. Can she do this?

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Yep. She can, until her daughter turns 18.

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If she were to call the police, would they take my girlfriend straight back to her house?

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Pretty much, yep.

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Will she have a chance to be emancipated, especially since she's been living on her own for three months now?

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Does she meet the requirements for emancipation?

(See this thread for applicable requirements/procedures.)

Did you read the stickies for the emancipation thread?

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My family helps provide for her, she's getting a job within the next month, she has a 4.0 GPA now that she's living with my family, she's involved with charity, and she's much healthier now that she is in a clean, stable environment.

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Then she is NOT self supporting, even if those other aspects are good. Just the fact that she doesn't already HAVE a steady job will be enough to shoot down emancipation. Emancipation is about HER being able to take care of HERSELF. It's NOT just substituting the care of other adults and providers in place of parents. If she wants that to happen, other adults can petition in court to become her legal guardians. However, there is NO court in the country that will take her from her mother and place her in her boyfriend's home. Not one.

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Any advice, also?

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See above regarding petition for guardianship. Understand that if you are dating her, no court will place her under a roof with you, no matter what other circumstances exist.

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Are there pro-bono lawyers around that may help her out that are legit?

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She doesn't need an attorney. She needs either intervention by CPS, or some family of someone who is NOT the family of her boyfriend needs an attorney to pursue guardianship.

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Also, will the police consider the lists my girlfriend and I put together for them that state reasons why she should be emancipated, people that will help in supporting her, all of the reasons why her mom should not have her children and is an unfit parent, as well as her plans to go to college this fall?
Thanks

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No. Police don't grant emancipation or change in guardianship. Only a judge in a courtroom can go that. So long as her mother remains her legal guardian, the police will side with mom's LEGAL authority over her.

As of right now, my girlfriend does have an $9/hour job that she started about a month ago with monthly raises and benefits. She is working as an Office Administrator/Director of Operations, and will soon be getting paid 20% commission taking calls for her boss as a Drug & Alcohol Substance Abuse Rehab Referral Counselor. She has been living completely on her own for four months now. Her grandmother and herself are living together, and they both will be renting out a new apartment by next month (she will be paying half of the rent). She is applicable for Hoosier Health Wise Insurance also I believe.

Her mom is refusing to sign any guarantor forms for school, work, or financial aid...basically she wants nothing to do with any financial responsibility. What are my girlfriends HONEST chances of becoming emancipated through court, and how would she go about doing so? Can she go to court without her mother being present? Does she need to have a good lawyer for this to actually happen?

Any other advice would be great!

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Quoting ash_chris

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As of right now, my girlfriend does have an $9/hour job that she started about a month ago with monthly raises and benefits. She is working as an Office Administrator/Director of Operations, and will soon be getting paid 20% commission taking calls for her boss as a Drug & Alcohol Substance Abuse Rehab Referral Counselor. She has been living completely on her own for four months now. Her grandmother and herself are living together, and they both will be renting out a new apartment by next month (she will be paying half of the rent). She is applicable for Hoosier Health Wise Insurance also I believe.

Her mom is refusing to sign any guarantor forms for school, work, or financial aid...basically she wants nothing to do with any financial responsibility. What are my girlfriends HONEST chances of becoming emancipated through court, and how would she go about doing so? Can she go to court without her mother being present? Does she need to have a good lawyer for this to actually happen?

Any other advice would be great!

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Paying half the rent is not supporting herself - this is a critical point.

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What are my girlfriends HONEST chances of becoming emancipated through court

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Zero. The state of Indiana has no statutory provisions for the emancipation of minors.

Judicial emancipation is theoretically possible, but without long term documentation of her current and continuing ability to support herself 100% - and no, three months living with someone else does not count, and no, a $9/hour job is not enough to support herself 100% - it's just not going to happen.

Yes but you also should take into consideration the fact that she will be splitting the rent with her grandmother- but she CAN if NECESSARY pay the full rent for her apartment as it is based on income and other factors such as whether or not you are attending school, etc.

I don't have to take anything into consideration, hon. It's not up to me.

The courts insist on the ability to support oneself 100%. Can she handle all of her rent and all of her bills, including utilities, food, health insurance, school supplies all by her onesie if Grammy dies?

On $9/hour? I promise, no, she can't.

She's not a candidate for emancipation. Arguing with us is not going to change it.

Okay well I am not trying to be rude so I don't see why you have to be. I am simply trying to figure things out. She makes more than $9/hour...she is also a website developer for several companies, she gets checks monthly because she has an auto-immune disease, and she starts tomorrow as a Drug & Alcohol Substance Abuse Referral Counselor (she will be getting paid $10/hour + 20% commission on every referral she makes, which usually there will be about 20 for her a day. 20% of $10-20K referrals while also keeping in mind that there will be about 20 set referrals a day as said by her boss...that's a lot more money than even my mother makes and she's been a Clinical Informaticist at one of the biggest hospitals around for over 30 years).

And won't the judges also be taking consideration into the fact that she was not receiving medical care what-so-ever before (her mother was taking her monthly checks), and now she is healthy. Plus she has a 4.0 GPA, it's not like the girl is dumb. She has many people around her to help, and even if she didn't she would be just fine...

Again I'm not trying to be rude I just want some good answers from experienced people...

You seriously expect us to believe she gets 20% referrals on $10-20K drug treatment cases, twenty times a day? You want us to believe she will make $40-60K per day? If so, I suggest asking her for a referral, because whatever you're smoking.... $10/hour plus an incentive would not be out of line for working in a phone bank. But the incentive won't be anywhere near the scale you describe. I'm not sure how I can juggle around your figures so that they make sense - if it's 20%, and she's making 20 placements per year, she would be making a very nice salary if she got a 20% bonus, but that would seem like a very low level of performance unless inquiries are quite infrequent. For a job in the $50-60K range, they could hire a MSW to take the calls - a bona fide, trained and certified professional drug counselor. Also,

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Quoting Hoosier Healthwise Insurance

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The Hoosier Healthwise Program is a health care program for low income families, pregnant women, and children. It is sponsored by the state of Indiana through Family and Social Services Administration. The program covers such medical care as doctor visits, prescription drugs, mental health care, dental care, hospitalizations, surgeries, and family planning at little or no cost.

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Let's be real, here.

Did you even read the statutes in this thread, as instructed? If a court determines her to be "a child in need of services", she can attempt to convince the court that she meet the statutory criteria for emancipation (as opposed to greater supervision of her home, foster care, or another remedy the judge believes is more suitable).

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And won't the judges also be taking consideration into the fact that she was not receiving medical care what-so-ever before

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No.

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I just want some good answers from experienced people...

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We GAVE them to you. We can't help it if you insist on arguing, as if that's going to get you what you want.

It won't. She's not a candidate for emancipation. She does not meet the criteria.

Telling you NO is not rude, it's reality.