04/12: 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?

A frequent inquiry has been: My 17-year-old is staying at their aunt's house and I want them home, what can I do? Well, first, technically, they are not missing because their whereabouts are known. If the 17-year-old were "missing", under MCL 28.258, if they were in the company of another individual under circumstances indicating their physical safety may be in danger, the police department, after conducting a preliminary investigation, must immediately enter the information regarding that individual into the LEIN. However, if it appears that the disappearance was voluntary, there will be problems in enforcement; and in the hypothetical, the person is not "missing". A "child" is treated differently with greater protection, but under MCL 28.258, a "child" must be less than age 17.

A problem for the parents is that under MCL 722.3, until the individual is age 18, the parents are obligated to support them unless the court has terminated the obligation somehow. Therefore, if an individual age 17 runs away to a relative's house, the parents are still obligated for support, however, generally speaking, they will not receive the police department's assistance in returning the individual home. MCL 722.151, which prevents the aiding or abetting of juveniles, or harboring of runaways only applies to children under age 17; and the Juvenile Court, only has jurisdiction for those under age 17. Therefore, it would take a very persuasive parent to get the police to do anything. The parent would likely have to cite the law and the application of the law to their 17-year-old, document the request, and possibly threaten legal action if the police did nothing. Again, generally speaking, if a parent calls up the local police department and tells an officer that their 17-year-old has run away, the police will offer no assistance and do nothing.

Under MCL 722.52, age 18 is the age of adulthood, so at this age, the individual is an "adult" but what is the label attached at age 17? According to Michigan law, the Juvenile Court does not have jurisdiction of persons 17 or older (MCL 712A.2), so they are not "juveniles". Furthermore, according to the Juvenile Diversion Act, MCL 722.822, such a person is not a "minor". In any event, age 17 seems to be the cut-off for any type of assistance even though the law defines the age of majority as 18 and obligates parents to their children until age 18. There is a gap from age 17 to age 18 in the law for situations such as those of the hypothetical and this writer is as of yet, remiss to offer any useful legal advice.


Comments

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Dear Elaine:

I appreciate your comment and plea to the young adults who reach out on this website.

You CAN DO something! You did not provide the alcohol to the boys, but rather they stole it from you! Call the police and file a complaint against the two boys who assaulted you and your daughter. The police will become involved in the boys' life and this will interrupt the relationship between the boy and your daughter. Just think how many young women you could save from similar assaults if you take action.
01/07 13:32:13
Dear Matt:

You are correct that typically harmless oral and written communication is not against the law unless there is a court order preventing the action. I suggest that you do have legal counsel and that your attorney obtain a copy of the prosecution's evidence against you.

For further information, please email me directly at lawref@lawrefs.com.
01/07 13:20:59
I will be 17 in 2 months. I am currently living with my grandmother because my stepmom abused me for 11 years and a year ago a finally told her and my dad let me live here. We all live in Michigan and my mother lives in Arizona. I see her about once a year, usually in the summer.

I want to know if I can move in with my 20 year old boyfriend once I turn 17. I know my parents will not agree with it but I am an honor student with a 3.5 GPA and a plan for my future that I do not feel can be accomplished living under all the stress I get at home. I feel that I am mature enough to live on my own as I was forced to grow up at a very young age. I have backup plans in case my boyfriend and I break up. I have a job and I am able to support myself financially.

I am fully confident that I can make it on my own right now. I just need to know if the law will help me. If not, can I get emancipated without parental permission? I have looked into it but I don't know where to start. Please help.
29/06 11:09:40
hello.
I am in a situation where i moved when i was 17 into my aunts. my parents are now demanding i move back home.My aunt of 35 wants to adopt me but my parents wont sine me off. Is there away my aunt can adopt me legally with out my parents signing me off?
29/06 10:46:39
Hi, my situation is almost identical to everybody else's...my girlfriend is 17, she feels like her parents mistreat her (and I agree) and are not allowing her to leave. We want her to come live with me and my parents until our apartment lease starts in August. However, the difference is that 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?
27/06 12:45:04
Dear Elaine:

I will respond to your inquiry as soon as possible. Thank you for your patience.
26/06 13:27:45
Dear Matt:

You asked, "can I really get in trouble for emailing him, can there be any way of stopping that without something like a p.p.o. or something?" The answer is, no, there is no way to stop you two from communicating. Also, I do not believe that it is illegal to chat online and you should not have any problems if you are not having sex online. It also sounds like there will be no charge brought on the kidnapping with the facts you have described.
26/06 13:27:20
Dear Cory:

I am impressed with the responsibility that I can read between the lines of your inquiry. You pose very good questions and I need some additional time to answer those. I will respond as soon as possible.
26/06 13:21:59
Dear Mel:

As to your "one more question", if you try to move out when you are 16, the police are more likely to get you and bring you home. The only thing you can do now is get and maintain a job and good grades. In this fashion, you will be viewed as responsible and adult-like and more likely to be treated like an adult.
26/06 13:18:33
Hi I am the mother of a 17year old daughter; we have always been very close. She met her first boyfriend, I knew he had a past but she said he was working on changing and getting into the military. After I started to get to know his family, I wasn't impressed... His mother has assault charges for stabbing a man in the eye... and many other aggression issues. At my daughter's school prom; they were kicked out because he was not allowed there. Apparently, he had threatened to bomb the school when they expelled him for selling drugs, etc... these are things I was NOT aware of. His mother attended prom when the kids were kicked out, she assaulted both the principal and a police officer, yelled, swearing and was making a scene. I did not want anything further to do with this boys mother. I was sick with the flu and my daughter's boyfriend and his friend were here, I was suppose to drive them home... I couldn't and asked that they call one of their parents to pick them up. They couldn't find anyone, so they said they would sleep on the couch downstairs because I was so sick. I don't typically have alcohol in my house but I won a very large bottle, 3L of Crown Royal at a benefit a few days prior. My daughter and I both went to bed. The two boys (17&19) got into the bottle, drank 1/2 of it.... they carried my daughter downstairs, half asleep and tried to get her involved with a 3some... apparently she stopped them, came up to her bedroom crying and shaking... her boyfriends friend came into her room and tried to lay down next to her... she asked where her boyfriend was and he said 'shhh we're playing a trick on your mom'... 'he's in bed with your mom'... she started screaming, I woke up, half in a daze and felt someone in my bed with me, touching me then he jumped off the bed and ran.... I kicked both the boys out of the house and got this story from my daughter. She was so upset, it was over with this boy, etc... I wanted to call the police but I felt that I couldn't because they got into my alcohol, were underaged and I could have been in trouble had they said that I gave it to them or something. I told my daughter this boy was not allowed to be in my home again. She was okay with that until 3 days later, he sent an email... she wanted to have him back. I was against it. She left home, went and moved in to his house with his parents.I tried to get her home, she wouldn't... she said she wanted to be with him and his parents told me to get off their property because she was 17 and could do what she wanted. I realize this but I am worried for her well being. This boy has a history of drinking, drugs (extasy), violence, irrational behaviour, and has been kicked out of over a dozen schools, etc. I know the police won't get involved. He told her himself that he didn't love her, he cared but didn't want her in his house, etc... and she still stayed. From what I can see, she is staying to get him to love her but I could be wrong. I am trying to be patient, as I know there is nothing that I can do... I am at a loss as to how she can even want to be with him considering all he has done, especially to her own mother. This is disturbing me a great deal. She acted like someone I have never seen before, which leads me to believe she may be on drugs of somesort, she was telling me to 'go f'n die' i was a 'fat f'n dumb b....' etc... totally disrespecing me and aggressive. I know I have lost my daughter but I want others who read this to know that leaving home at 17 may seem like the thing you WANT to or NEED to do... and you have the RIGHT to do... since NO ONE will do anything.... BUT...remember that family will always be there for you, love you unconditionally... people who you have known for 2months, who keep you in their home knowing what their son has done... etc... are NOT doing anything to help the future of a 17 year old... taking my daugther away from her family. There was no abuse here, just love. She got everything she wanted here at home and then some. A boy came into her life, and it was that easy for her to be persuaded to leave home... please any 17 year old reading this... think twice before you leave home... A mother's love runs deep but so does her pain when a daughter loved so deeply, leaves for the wrong reasons and without any communication as though your dead and nonexistant. Please don't hurt your parents... if you want to be an adult and leave home do it like an adult. I hurt deeply for my daughter and her poor choices and there is nothing I can do.
25/06 21:54:28
I was having a relationship with a boy who is 16 and im an adult... above drinking age actually. In Michigan I know that's legal but his parents found out called the police and they called me to return him home. I did so, without hesitation. But I got a call after the weekend saying they have requested me not have any communication w him ever again. We had great feelings for each other and had spent a long time talking about how long we would love to be together and we are both absolutely devastated! Can I really get in trouble for emailing him, can there be any way of stopping that without something like a p.p.o. or something? Also, I am afraid if there was a problem with use of the internet, even though consensual in person is the relationship illegal if conducted online? I was told a possible kidnapping charge was being investigated but I picked him up from his grandparents and they knew me and were responsible for him. I will respect the families wishes to not meet or be in a relationship, but no contact is crushing, Basically I want to be able to be friends for now and back to partners when he is 17 . when 17 could that get me or him into trouble? and is a flimsy kidnapping or delinquency charge pursuable after hes 17 and 6 months after the indecent?
23/06 11:45:26
i also want to add that ive only lived in florida for 8 months but i have a Pennsylvania Drivers License. So since im not offically a florida resident, can the florida law do anything?
22/06 21:35:45
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