If a 17 yr old girl in Missouri is thrown out of house as she says, (or even if she ran away) and seeks shelter in the home of 22 yr old boyfriend, can the boyfriend be in trouble? Can his parents be in trouble? What is the law?
cyjeff
10-18-2006, 06:41 PM
Yes.
If the girl is a runaway, he is harboring. If she crossed state lines to be with him, that is worse.
If the 22 year old lives with his parents, they face the same charges as him.
The girls parents cannot throw out a minor. They are responsible for her until she turns 18.
LaParole1
10-27-2006, 12:35 AM
Beg to differ, but in MO you can leave at 17 and it's not runaway
demartian
10-27-2006, 08:33 AM
Beg to differ, but in MO you can leave at 17 and it's not runaway
Is MO the only state where a 17 year old can leave? I have heard word that they are trying to change this because the parent's are still responsible/liable is the 17 year old were to get into trouble.
Lawquest
10-27-2006, 11:45 AM
The latest I have heard from the St. Charles, Mo county childrens services is that the 17 year old law applies to criminal actions only----that they can be procecuted as an adult if doing something unlawful; but otherwise for school, food, shelter they are still a minor and under their parents. And when I asked about being kicked out of her house I was told then the 17yr old should report it to authorities. Now the problem remains, the 17 yr old doesn't want to report it as she would fear the retaliation of her mother getting into trouble. I just don't know how to stop this from snowballing!!
demartian
10-27-2006, 11:54 AM
The latest I have heard from the St. Charles, Mo county childrens services is that the 17 year old law applies to criminal actions only----that they can be procecuted as an adult if doing something unlawful; but otherwise for school, food, shelter they are still a minor and under their parents. And when I asked about being kicked out of her house I was told then the 17yr old should report it to authorities. Now the problem remains, the 17 yr old doesn't want to report it as she would fear the retaliation of her mother getting into trouble. I just don't know how to stop this from snowballing!!
It gets confusing when someone is still a minor but can leave without being a runaway... Would interference of custody not apply in MO for a 17 year old? Say two parents have joint custody of a child or the father has visitation and now the 17 year old no longer want to go on visits, does that get the mother out of being in contempt?
There are various laws that seem to conflict with each other...
Lawquest
10-27-2006, 08:55 PM
17 yr old girl now says that her mother had told her that she would not say she kicked her out but would say she ran away. Yet she insists that when she went back a couple of days later to get more stuff, the key didn't work and all windows were locked up. She has grandparents who know where she is and when told that they need to get involved, she said they would paint a whole different picture. Bottom line, those giving her a roof just want to get her back to where she belongs safely without drama or legal ramifications.
LaParole1
11-13-2006, 07:46 PM
I lived in MO and lived with a 16-y-o planning to leave at 17. Yes, they can leave at 17. The police cannot make them return home. The people giving shelter cannot be held accountable in any way for sheltering the 17-y-o; it is not even interfering with the custody of a minor or anything like that. If the kids get into trouble (with the law for example, crime, etc) the parents are accountable, even though the child is not living with them. That is the dilemna for the police and other authorities. Parents cannot kick them out at 17, but they can leave of their own accord and they are not truant if they stop going to school.
No one can keep her from living with the 22-y-o boyfriend and he wil not get into any trouble whatsoever.
If the parents fear the child (or anyone else for that matter) will steal or damage the home, they can change the locks. If the 17-y-o leaves home and doesn't take everything she wants with her, she is out of luck-- she abandoned what she left behind. This info came from St. Charles, St. Peters, and O'Fallon police dept-- also personal friends in Florissant, Ferguson, and St. Louis police depts.
It sounds like a lot of she-said/mom said- DFS will look into it and not do anything. DA would probably dismiss any charges because it would be hard to prove either runaway or thrown out. It's sad. And the 22-y-o should really find someone his own age- he is just using the girl IMO.
Lawquest
11-15-2006, 05:00 AM
Thank you for your very informative response. I take it that you had a child that was anxious to boldt? If so, that must be very exhausting when a child wants to escape a good situation. In this case, the 17 yr old is more emotionally mature and the 22yr old more immature and they seem to meet half way and the best in each seems to come out. If she became ill, then I wonder what happens?
mommyof4
11-15-2006, 07:05 AM
Yes, in MO (they are trying to change the law, but as far as I am aware, it has not happened yet) a 17 yo can leave. As long as the 17 yo is in a safe setting, not living in abject poverty and not involved in any ilicit activity, the police will do nothing to force them to return. Anyone the 17 yo stays with will NOT face criminal charges. However, the parents of the 17 yo are still 100% financially and legally responsible for the teen.
Demartian...yes, MO is the only state that has this specific problem with the law. Other states may be reluctant to return the teen, but the issuee can be forced.
mommyof4
11-15-2006, 07:06 AM
If the medical scenario is an emergency, she can get treatment. If the medical care is just routine (check up, basic illness, etc.) then she will need her legal guardian's or parent's consent for treatment.
Is the mother willing to assign legal guardianship to the adults (NOT the boyfriend) she is staying with?
LaParole1
11-18-2006, 05:16 AM
This too is part of the dilemna and why there are those trying to get the law changed in MO. At 17 she can get treatment for such things as birth control, etc thru Planned Parenthood and other such places. However, unless she is emancipated, she will need her parent's consent for treatment for anything not emergent.
Girl's Mom or Dad could sign "en loco parentis"-- wouldn't be giving up custody or guardianship, just temporarily assigning guardianship/durable power orf attorney for specific things for a limited period of time-- like enrollment in school, medical/dental treatment. (We had a son training in gymnastics living out of state with another family and this is how we had to do it.)
Is girl still in school? If she is still attending school, but not residing in the district, and she really cares about graduating, the school can put pressure on her to return home or else pay tuition or leave school. Another thing she and parents could do is draw up a contract. Truthfully, I don't care how "mature" you claim this girl is, most kids aren't emotionally, financially, psychologically ready to leave the "umbrella" of their parent's home at 17. Some aren't ready at 25. She is probably just exercising a right under a terrible law to "mooch" off someone else because she doesn't like the rules at home. She isn't supporting herself; she is not out on her own. The family who took her in-- if they REALLY want her to get back home should tell her that she can stay only a certain period of time, during which they will all sit down (kid, parents and harboring family) and discuss her returning home. These people are enabling her. Have the people harboring her talked to her parents?
And yes, my daughter got involved with a "Bad Boy" who walked the line and knew what he could get away with. Made our life pure hell and ruined hers.
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