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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Luc Craig wrote:

My little sister is 17, she was once a very vibrant and sweet girl and besides normal dysfunctions at home, she had a pretty great life. She was home-schooled and fairly introverted while she was home, but had plans to graduate and go to college and become successful in something she loved. About 6 months ago she began talking to a 26 year old she met on facebook, this formed into a relationship. The 26 year old is a drug addict and does not have a job nor a place to live. At one point my 17 year old sister and her 26 year old boyfriend were living in his car. My sister has been in and out of hospitals including drug rehab, she has run away and lost contact with her family/friends and become very withdrawn. My parents have tried everything they could and there is nothing legally that they can do to help my sister. I do not agree with a majority age of 18 that does not include a parents rights to guide their 17 year olds life. I have not seen my little sister in over 6 months, and the only time we hear from her, it is from hospitals and the police. The priorities of the State of Michigan should be to protect the parents rights to guide a child under the age of 18, UNLESS the child is in danger. It should be assumed that a 17 year old cannot make their own decisions since we do not allow them to vote or do anything an 18 year old adult can do.
21/12 20:58:45

Loving Stepmom that really cares wrote:

Myusband has a 17 year old daughter. Well befor she turned 17 her mother let her move in with us we enrolled her in school and she was doing good for the most part didnt get in any trouble. Now mind you he had never gotten to see his daughter until she was 16 cuz her mother lied to her . So yeah she was living with us all was good until her mother came one sunday with the cops and took her they told my husband if she didnt go then he would get it for kidnapping. So we let her go now shes 17 she doesnt want to live with her mother she wants to live with us can she even though her mother and father have never been to court over any of this.
21/12 19:21:25

refadmin wrote:

Dear Daylin:

At 17, police will not assist a parent in bringing the 17 year old home.

Please read the article and comments on Michigan Runaways.
09/10 20:10:17

Daylin wrote:

I'll be 17 in 3 months and I am ver tired of being abused by my mother, she hits me a lot and yells at me and she threatens me more than the jerks at school, what Im saying is there any way for her to get me to come back to the house if I leave, well, when I leave, could she some how force me to come back? My girl friends mom said she would take me, could she do anything about me staying there were she could force me to come back?
09/10 19:39:05

refadmin wrote:

Hi Alexcenah.

It is not true that if you are seventeen and choose to live somewhere else, that you will have to live in foster care if your parents complain. What is likely to happen is that the police will not assist your parents in returning you home because of your age.
31/08 21:11:15

refadmin wrote:

Dear Tiara:

If you are seventeen when you leave, the police will not assist your mother in returning you to her house.
31/08 21:09:16

refadmin wrote:

Dear Yokairae:

I do not have the time to research New York law to provide you with information on your issue. However, I do know that in all the states, your aunt would have the opportunity to file a motion in the courts to have custody of you. If your aunt filed a motion, at a minimum it could accomplish letting your parents know that they will be held accountable and you have a voice.
31/08 21:07:56

Alexcenah wrote:

Hi. Just turned 17 this month. I've been living with my grandparents for the past 3 months. They, however, do not have guardianship of me. Occasionally, they will say something to me about how they feel I'm keeping them from living their lives. This has built alot of pressure and makes me want to leave them and move in with my boyfriend. If I do this, my parents will not be happy. My grandma said that if I move in with my boyfriend's family and my parents fight it, I'll have to live in foster care because I ran away. I thought that once I turned 17 I'd be able to live where I choose. Isn't that true?
29/08 19:33:17

Tiara wrote:

I'll be 17 in 5 months i plan on moving out, my mother wont let me but im doing it anyways. im going to stay with my friend and her mom. even though my moms not letting me leave. i'll still tell her where im at? she threatens to call the cops. can they do anything? would i get introuble ? will my moms friend get in trouble? i need answers. yes, im still going to be in school and i have a job.
26/08 16:56:18

yokaira wrote:

well im 16 and will be turning 17 in 6 or 7 months . i want to move in with my aunt , im tired of my parebts insulting me . i heard my father say he hates me and that hes not my father. he wants to send me back where i was born but i dont want to goo. help ? i live in NY if it helps
26/08 10:53:33

refadmin wrote:

Dear Brandon:

It sounds like you have a good plan. Continued communication with your parents to inform them where you are and that you are safe is necessary so that they cannot report that you are a runaway and that they fear for your safety.
25/08 14:22:20

Brandyn Clark wrote:

Hi there. Im Going to be 17 in march and i have a few questions. My Parents really put a lot of stress on me and expect too much from me. My dad is an alchoholic and my mom is a false christian and living in a home with both of them together i can't stand. In march i will be moving out with my buddy to his step dads house where i can stay and live free of charge, be fed, and have a job where i can pay for clothes and even a cell phone bill. i was wondering if this would be a good enough plan so that i could stay away from my parents and not be put back into that stressful enviorment.
24/08 00:04:08
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