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

Page 1 of 22 | << | First | 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10 - 11 - ... | Last | >> |

refadmin wrote:

Dear Devin:

You are right about the need to address your high stress level. I would like to help you, however, I need to know what state you are in and I can look up the law for you.
07/02 14:04:05

refadmin wrote:

Dear Kacee:

If you leave without your mother's consent and do not attend school, she could report you missing. You could also get into trouble under the juvenile code if you are delinquent from school.

If you are being abused or neglected, you need to report this to an adult you trust and get help. Is there a relative who can help you?

Your boyfriend could be in trouble for harboring a runaway if your mother is looking for you and he tries to hide you from her.

Communication is essential. Being responsible is essential.
07/02 14:02:01

Kacee wrote:

Hi, i live in Texas and im 16 and im going on 17. I live with my mom and my stepm dad. I have a boyfriend that is 18 and he has his own appartment. My parents are very bad alcoholics, and my blood father doesnt even talk to me anymore. I want to get out of my house asap. So when im 17 and i leave without there permission is there anyway they can make me go home or put my boyfriend in jail?
06/02 22:08:49

Devin wrote:

Hi. I'm seventeen, and have too much stress to deal with at home. I have been planning to move out for quite some time, and have all the means necessary to do so. But the more things I look up about it, the more confused I am. This website, http://www.expertlaw.com/forums/showthread.php?t=71129
tells me that I am still under my parents' 'law' so to speak. I'm not sure what to do, since I am being told many different things.
26/01 08:11:22

melissa wrote:

im a current resident in michigan. i was just wondering im 17 now and in 6 months ill be out of school so ill then be 17 and 6 months. if my boyfriend picks me up and move me down to his state of tennessee without my mother permission would i be consider a runaway if my mother calls the cops.
24/01 12:57:26

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
Page 1 of 22 | << | First | 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10 - 11 - ... | Last | >> |

Your comment

Comments must be approved before being published. Thank you!