Does anyone know about state custody and runaway laws?

Explanation:

A runaway is a minor (someone under the age of 18) who leaves home without a parent’s or guardian’s permission, and is gone from the home overnight. In most states, running away is not a crime; however, runaways and their parents or guardians can face legal consequences. Adults who encourage or hide runaways can be charged with a crime.

Parents are legally responsible for caring for their minor children, even when the child is not living at home. For example, parents can be responsible for their child’s truancy (unexcused absence from school) when the child has run away. Parents should call the runaway’s school daily to report the child’s absence and let the school know that the child is a reported runaway.

Is Running Away Illegal?

A minority of states classify running away from home as a status offense. A status offense is an act that is a violation of law only because of a youth’s status as a minor. (Additional status offenses include truancy; violating curfew; underage use of alcohol; and being “ungovernable,” or beyond the control of parents or guardians.) Consequences for status offenses include counseling and education, driver’s license suspensions, fines and restitution, and placement with someone other than a parent or guardian.

Getting Help Before Running Away

The National Runaway Safeline (NRS) serves as the communication system for runaway and homeless youth. NRS provides free, confidential advice and referrals to local services for runaways and their parents and guardians in all 50 states. Call 1-800-RUNAWAY for immediate assistance.

Risk Factors for Running Away

Minors run away for complex reasons. The National Center for Mission and Exploited Children and the National Runaway Safeline have identified factors that put youth at an increased risk of running away:

family dynamics (divorce, remarriage, problems with siblings, foster care)

abuse (physical, sexual, emotional, verbal) and neglect

alcohol and drug use

suicidal tendencies and self-harm

medical and mental health conditions, and

conflict about sexual orientation or identity.

Runaway or Throwaway?

Not all minors who leave home are runaways. The term throwaways (or thrownaways) refers to minors who have been forced by their parents or guardians to leave their homes without alternate care arranged. Because the distinction between runaways and throwaways is not always clear, this article uses the term runaway to refer to both situations.

Legal Consequences, Rights, and Options for Runaway Teens

Runaways are often in a difficult situation—it isn’t safe for them to sleep on the street, but it might not be safe for them to return home, either. They are living apart from their parents or guardians, but as minors they lack the legal status to easily live independently (for example, minors cannot enter into most contracts, such as a lease; nor can they be hired for many jobs). Here is a discussion of the legal predicaments, rights, and options for runaways.

Police Can Detain Runaways

Running away is generally not a crime, but as just described, it is a status offense in some states. Regardless of whether a particular state recognizes running away as a status offense, police can always take runaways into custody. The options available to police include:

returning them home

convincing their parents or guardians to temporarily let them stay with friends or family

taking them to a shelter for runaways, or

briefly holding them at a juvenile detention facility.

Parents or legal guardians can report a runaway to the police at any time. Federal Law prohibits any law enforcement agency from establishing a waiting period before accepting a runaway-child report. Police enter the runaway’s name and physical description into the National Crime Information Computer (NCIC).

Runaways who are fleeing an abusive situation and do not want to return home should tell police about the abuse. The police must report child abuse to a county child welfare agency for further investigation; emergency shelter might be available.

Transferring Legal Guardianship

A legal guardianship transfer might be an option for runaways who want to live with a willing and appropriate adult relative or friend. A legal guardian will have the same rights and responsibilities as the parent.

Minors who want to live with another adult must submit a written request for a guardianship transfer to a local court that hears family law matters. The court will schedule a hearing, which the minor’s parents and other relatives can attend. After hearing from the interested parties, the judge will decide whether the guardianship would be in the minor’s best interest. The judge can approve a guardianship even if a minor’s parents object.

A runaway is a minor (someone under the age of 18) who leaves home without a parent’s or guardian’s permission, and is gone from the home overnight. In most states, running away is not a crime; however, runaways and their parents or guardians can face legal consequences. Adults who encourage or hide runaways can be charged with a crime.

Explanation:

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