Legal Reference Blog by Renee C. Walsh, Attorney

10. February 2012: Michigan Mom Given No Help From Law Enforcement to Return Her 17-year-old

Inquiry:

"Dear Ms. Walsh,
I read your blog concerning seventeen year olds leaving home in Michigan. We had this experience on Thursday when our son ran away. He had turned 17 on Tuesday. We got no help from law enforcement, even though he is moving in with a registered sex offender and a woman whose own children have been removed by DHS. She actually orchestrated the runaway. She seems to be obsessed with our son and we fear she will sexually abuse him. It is extremely frustrating. Do you know of a group that is working to change these contradictory laws? Are there any other places a parent can turn to help protect their child? Our son is 17, but emotionally he is about 10. Obviously he cannot--and does not-- make good choices on his own. Legally we cannot demand that he come home and he knows it. Thanks for your expertise."

Response: ...More

09. February 2012: A Georgia 17–year-old with Alcoholic Parent Wants to Leave Home

Georgia law provides definitions for who is a “minor” and who is a “child”. A person less than age 18 is a minor as the legal age of majority in Georgia is 18. OCGA 39-1-1. However, if you are 17 and are not already in the juvenile court system, you are not a child in Georgia and could leave home unless there is an allegation that you are a “deprived child” or a “status offender”.

A Georgia 17-year-old could leave home but they may get into trouble if they don’t have a parent’s consent because there could end up being an allegation that they are a deprived child or a status offender.

Georgia law provides
...More

08. February 2012: When Can a Teenager be Married in Michigan?

Marriage is codified in Chapter 551 of the Michigan Compiled Laws. See Chapter 551 Marriage. In Michigan, a teenager must be at least 16 to become emancipated (see MCL 722.4c(2)(b)) and at least 16 to get married (see MCL 551.51).


...More

08. February 2012: Michigan Teenager Plans to Move to Texas Without Parental Consent

I had an inquiry from a Michigan teenager wanting to move to Texas where her boyfriend lived. Texas does participate in the Interstate Compact for Juveniles which means that they will cooperate with Michigan in returning a juvenile who has run away to Michigan.

Under the Interstate Compact, "juvenile" means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:
(1) Accused Delinquent - a person charged with an offense that, if committed by an adult, would be a criminal offense;
(2) Adjudicated Delinquent - a person found to have committed an offense that, if committed by an adult, would be a criminal offense;
(3) Accused Status Offender - a person charged with an offense that would not be a criminal offense if committed by an adult;
(4) Adjudicated Status Offender - a person found to have committed an offense that would not be a criminal offense if committed by an adult; and
(5) Nonoffender - a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.

"Or" is an important term relative to the definition of juvenile because given the "or" terminology, it doesn't matter if Michigan doesn't consider you a juvenile. Under (5), if you are "a person in need of supervision" Texas will help return you to Michigan.

I do not know how this would practically work, that is how it works out in a real life situation, given that in Michigan, if you are 17, there is little that the authorities will do to help you get your child back.
...More

22. September 2009: Minor Becomes Own Social Security Disability Payee

This is a follow-up from a minor receiving disability who inquired of www.lawrefs.com about changing the payee of her benefits. Thank you for taking the time to follow up as it is very helpful to our readers! ...More

22. September 2009: Michigan 17 Year Old Plans to Move to West Virginia Without Parental Consent

Question:

"My 17 year old girlfriend in Michigan is neglected and abused on a regular, nearly daily, basis. I live in West Virginia, would there be any legal hang-ups to her coming here of her own free will?" ...More

24. July 2009: Minor Can Receive Mental Health Treatment Without Parental Consent

The Michigan Mental Health Code provides in section 330.1707 that mental health professionals may treat minor children who are at least age 14 without the consent or knowledge of the minor's parent or guardian. In fact, the health professional cannot without the consent of the minor inform the parent or guardian of the mental health services. The treatment has to be on an outpatient basis and cannot extend for more than twelve sessions or fourth months of services after which time the treatment can continue but only with parental consent. The law follows: ...More

21. July 2009: Michigan 17 Year Old Plans to Move to Iowa Without Parental Consent

Question:

"Hi, my girlfriend is 17. She feels like her parents mistreat her (and I agree) and are not allowing her to leave. My parents and I want her to come live with us until our apartment lease starts in August. I live in Iowa. Can differences in Michigan and Iowa law affect our plan? Could I get in trouble due to Iowa law despite the fact that she is leaving her parents in Michigan? ...More

21. July 2009: Florida 17 Year Old Plans to Move to Michigan Without Parental Consent - Interstate Compact for Juveniles

Question:

"Hi, I'm a 17 year old. I live with my mom in Florida who has full custody of me and it hasn't been pretty living there. My girlfriend who is also 17 and is 23 weeks pregnant recently moved to Michigan and my mom is keeping me in Florida until I am 18. I have been doing a lot of research on this. I want to take a flight to Michigan without my mom knowing and live with my girlfriend's family. I will have a job, a place and a school to attend. I am planning on calling my mom when I land in Michigan to tell her where I am and I am going to call her everyday to talk to her and to let her know that everything is ok. Will I or my girlfriend's family get in trouble with the law? Will I be forced back to Florida?" ...More

20. July 2009: Michigan Foster Care and 17 Year Olds

Question: What age does Foster Care deal with? What can Foster Care or Child Protective Services do with a 17 year old? Can Child Protective Services become involved if a 17 year old leaves home and has no criminal record? Does it matter if the 17 year old has been in the Foster Care system in the past, but is now out of the system? ...More

18. July 2009: Florida Juvenile Law - Aiding Unmarried Minors

Codified at Chapter 985 of the Florida Statutes is entitled Juvenile Justice; Interstate Compact on Juveniles. Florida law 985.731 addresses sheltering unmarried minors and aiding unmarried minor runaways. It provides:
...More

18. July 2009: Interstate Compact for Juveniles

The Interstate Compact for Juveniles has been adopted by 39 states:

Alabama
Alaska
Arizona
Arkansas
Colorado
Connecticut
Delaware
Idaho
Illinois
Florida
Hawaii
Kansas
Kentucky
Louisana
Maine
Maryland
Michigan
Mississippi
Missouri
Montana
Nebraska
Nevada
New Jersey
New Mexico
North Carolina
North Dakota
Oklahoma
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Virgina
Washington
West Virginia
Wisconsin
Wyoming ...More

11. July 2009: Michigan Curfews for Children

Michigan does have curfews for children under age 16 and age 12. ...More

16. April 2009: Medical Treatment of Pregnant Minor

Question:

Hello, I have a very urgent question that I need answered as soon as possible. If a 17 year old is pregnant, and decides to move away from her parents, what can she do about doctor appointments? My sister is pregnant and 17, and moved away from our parents. I am 19 and unfamiliar with this. She needs to know whether a parent must be with her at the hospital to sign releases and what not. She is so confused. She needs to have regular check-ups just in case something goes wrong. She is on Medicaid. Does a hospital consider her a minor that needs a parent signature? Do you know if they can refuse her because she is only 17? Please write back, this is very urgent. Thank you. ...More

04. January 2008: Teenagers Abused by Parents

Teenagers who are abused by parents either physically or emotionally must be courageous. Many times they feel that they will not be believed if they report the abuse and do not have proof of their injury. They want to get away from their parents and/or get help but do not know how. This article is for them. ...More

04. December 2007: 17-year-old Runaways: Not "Adults", Not "Juveniles", And Not "Children" - Michigan Law Leaves Parents Helpless

Wow, this is really interesting. An individual who is age 17 in Michigan is not an "adult", is not a "juvenile" and also not a "child" under Michigan law. What are they then and can Michigan Law provide the authority for the parents to do anything? ...More

06. September 2007: How Far Do you Go To Cooperate With the Police

This topic is really related to juveniles and their parents, but it can be correlated to adults cooperating with police as well. I have seen juveniles end up in serious trouble, more than necessary, because their parents allowed too much police cooperation. The scenario involves ...More

30. June 2007: Michigan Runaways

Can a 16 year old leave home without permission? No. If the individual is under age 18, they are a “minor”. MCL 722.1. The age of majority in Michigan is 18. MCL 722.52. A child can leave home with permission, however, it is still the parents obligation to support their minor children unless the court modifies or terminates the obligation via a petition for emancipation, or the minor is emancipated by operation of law. MCL 722.3.

“Emancipation” means ...More