NobleNan
11-21-2006, 12:02 PM
My step-daughter is 16 years old (soon to be 17). Against our wishes, she left our home and is living with a 26 year old man. We haven’t forced the issue of her returning home because she has said she would just run away again and we feel that at least right now we know where she is. We have continued providing health insurance for her and she has been using it. She is entirely self-supporting except for the health insurance. My question is, are we still legally bound to pay for her medical and/or dental expenses. This would be expenses not covered by our insurance. Is she considered to be emancipated by default? Her mother, who was the non-custodial parent and did not pay child support, has told us that we are legally bound to pay for her until she is 18. Thank you so much for your input!
Ohio "Step" Mom
11-21-2006, 12:46 PM
Until she is 18, YOU are also legally responsible for anything she does, in your home or another. If she causes damage to property....you may have to pay. If she injures or kills someone (by accident or malice)....you may have to pay. If the state finds out that you allowed her to leave and have not reported it / filed against it......you can be charged with contributing to the delinquency of a minor to wit "what ever it is that she has done".....and possibly go to jail / lose custody of any remaining children...Knowing for a fact that your 16 yo F is living with a 26 yo M.....same as above.......etc.
This is the price you pay for allowing a delinquent child to dictate your life. It can be a heck of alot more expensive than dental and medical expenses. Unfortunate but true.
Here is just one of the statutes:
Parent or guardian liable for damages by minor, when, limitation --minor's liability--work accepted in lieu of payment.
537.045. 1. The parent or guardian, excluding foster parents, of any unemancipated minor, under eighteen years of age, in their care and custody, against whom judgment has been rendered for purposely marking upon, defacing or in any way damaging any property, shall be liable for the payment of that judgment up to an amount not to exceed two thousand dollars, provided that the parent or guardian has been joined as a party defendant in the original action. The judgment provided in this subsection to be paid shall be paid to the owner of the property damaged, but such payment shall not be a bar to any criminal action or any proceeding against the unemancipated minor for such damage for the balance of the judgment not paid by the parent or guardian.
2. The parent or guardian, excluding foster parents, of any unemancipated minor, under eighteen years of age, in their care and custody, against whom judgment has been rendered for purposely causing personal injury to any individual, shall be liable for the payment for that judgment up to an amount not to exceed two thousand dollars, provided that the parent or guardian has been joined as a party defendant in the original action. The judgment provided in this subsection to be paid shall be paid to the person injured, but such payment shall not be a bar to any criminal action or any proceeding against the unemancipated minor for such damage for the balance of the judgment not paid by the parent or guardian.
3. Upon rendering a judgment in any proceeding under this section, the judge may order the parent or guardian, and the minor who damaged the property or caused the personal injury, to work for the owner of the property damaged or the person injured in lieu of payment, if the parent, minor and the owner of the property damaged or the person injured are agreeable.
(L. 1965 p. 661 § 1, A.L. 1979 H.B. 207, A.L. 1990 H.B. 1734)
CROSS REFERENCES:
Damages by minor, restitution, RSMo 211.185
Defacing state buildings, liability, RSMo 8.150
Parents liable for minors defacing state capitol, RSMo 8.
There are more. Good luck with that.
cyjeff
11-21-2006, 06:05 PM
Go get your daughter and have the police do it... so that they can charge the man that is currently raping her.
This has to be tearing you up inside. Why would you believe that the best course of action is to let your 16 year old daughter play house until something really bad happens?
You are going to have to step up to the plate here. If she runs away again, call the police again and have her returned and anyone harboring her charged.
Repeat as necessary until your daughter gets it.
cyjeff
11-21-2006, 06:06 PM
Oh, and can we assume that since she is supporting herself that she is also truant?