Results 1 to 3 of 3
  1. #1
    Join Date
    Mar 2015
    Location
    Stockton, California, United States
    Posts
    1

    Exclamation Can You Legally Run Away at Age 17

    My question involves child abuse or neglect in the State of: California

    This is for my transgender friend, who deals with a lot of neglect and abuse of all kinds. Some of the things his parents and eight siblings say and do to him are equivalent to hate crimes. Let's say his name is Jack. He just turned 17, and tonight his sister told their parents he had a girlfriend. His parents do not know he is transgender, so to them he is still a girl...and the idea of their "daughter" dating another girl did not sit well. His older brother beat him unconscious and cut his lip open, and earlier that day his pregnant sister also began choking him for thinking Jack was talking to her boyfriend or something. Jack's mom walked in and did nothing while he was getting his throat clawed at. This is only one of many injuries he's experienced from his family. The neglect in that family is unfathomable. Jack is truly the black sheep in the family, and his family makes sure he knows it. I mean his father is the type of man who will drag his kids down the stairs and throw them against the wall if they disrespect him. His mother screams at the top of her lungs any chance she gets. There are at LEAST fourteen or more people living under that roof. It's just a terrible situation for someone dealing with gender dysphoria plus all that other shit. He has absolutely no support from his family, and me and my mother are the only people who know how bad it is. He's living in an extremely hateful environment where he is abused and neglected, and I want to get him out of there.

    Me and my mom are trying to do something, but it feels like our options are limited because he is still a minor. Child Protective Services aren't all they are caught up to be, and I'm worried that filing a report will make this worse. I was wondering if it would be possible for him to run away and stay with us. He has some pretty damn good reasons to not stay there, but he doesn't want to make things worse. His dad has threatened to kill him if he ever told anyone about what goes on inside that house.

    Does anyone know if there is a possible loophole to this?? I'm so scared for him right now, and it'll be another year before he's 18 and gets to move out legally, and there's no way he can survive another year like this. It's only getting worse. His parents refuse to let him come over to my house, they think I'm a lesbian because my hair is short (which is ridiculous) so they don't trust me around Jack. I'm so frustrated. His dad gets back in the morning, and I'm worried it'll get a lot worse.

    Can he run away? Would we get in trouble for keeping him from his parents? Would it be a good thing if his parents called the police, because then they would see how much domestic violence goes down or would they turn a blind eye and return Jack? Should he try to become emancipated? Legally homeless?

    Sorry this is so long but I would really appreciate any advice whatsoever!
    Also, I'm writing this at 3 in the morning, sorry if some sentence structure seems off. I'm exhausted. Could really use some advice.

  2. #2
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: Is Running Away Legally at 17 Possible

    If your friend is a victim of neglect or abuse, he/she either needs to talk to a counselor at the school or call CPS. If your parents harbor a run-a-way, they could end up in all sorts of legal hot water.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Legally Run Away at Age 17

    Under California law, any minor under the age of 18 can be forcibly returned home by the police and, if deemed a habitual runaway, can be placed under the supervision of a juvenile court.

    California used to have a statute that explicitly forbade harboring a runaway (focused in no small part on runaway apprentices), but it has evolved that law into what is better described as a custodial interference statute:
    Quote Quoting California Penal Code, Sec. 278.5.
    (a) Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation, shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.

    (b) Nothing contained in this section limits the court's contempt power.

    (c) A custody order obtained after the taking, enticing away, keeping, withholding, or concealing of a child does not constitute a defense to a crime charged under this section.
    The statute does not outline defenses, but many states treat the acts of informing the parent of the child's location or informing local law enforcement about the situation, including the minor's name and where the minor is staying, will be defenses to the argument that they are harboring a runaway or interfering with custody. But that could trigger the minor's being expected to return home (something with which, at that point, you would not be in a position to try to block), the involvement of protective services, or both.

    Your friend should seek information from a support organization or advocacy group.

    1. Sponsored Links
       

Similar Threads

  1. Civil Rights Restoration: Can I Legally Own a Firearm
    By SlimTheMan in forum Criminal Records
    Replies: 2
    Last Post: 06-27-2011, 09:35 AM
  2. Removal (Deportation) and Reentry: How to Go to the USA Legally
    By kenfree in forum Immigration Issues
    Replies: 1
    Last Post: 05-12-2011, 06:44 AM
  3. Sex Offenses: When You Are 17 Can You Legally Consent to Sex with Anyone Over 18
    By kbs in forum Criminal Charges
    Replies: 1
    Last Post: 08-13-2010, 04:40 AM
  4. How Do I Get Rid of My Car Legally
    By Aldebaran in forum Vehicle Registration and Title
    Replies: 1
    Last Post: 12-14-2009, 03:19 PM
  5. Repossession: When Can I Legally Tow A Car
    By Psyman42 in forum Cars and Dealerships
    Replies: 2
    Last Post: 12-28-2007, 06:21 PM
 
 
Sponsored Links

Legal Help, Information and Resources