Legal Question in Family Law in Illinois

Leaving home at 17 could be trouble.

A seventeen-year-old lacks the right of an adult. Please let me repeat: A seventeen-year-old lacks the right of an adult. Period.

A seventeen-year-old can seek emancipation, but a seventeen-year-old is NOT an emancipated minor until a court of competent jurisdiction formally and officially declares by judgment that the minor is emancipated. It is simply not enough for emancipation that a child leave home. More must be shown. It must be proven that �the minor is a mature minor who is of sound mind and has the capacity and maturity to manage his own affairs including his finances, and that the best interests of the minor and his family will be promoted by declaring the minor an emancipated minor.� Until that happens, the seventeen-year-old lacks the right of an adult. Period.

If you stay away from home without your parents� consent, and have not been declared emancipated, you place yourself and your friend�s parents at risk.

As for you, if your parents chose, they could have the police take you into custody if you refuse to return home. The Juvenile Court Act refers to Minors Requiring Authoritative Intervention, i.e., �Those requiring authoritative intervention include any minor under 18 years of age (1) who is (a) absent from home without consent of parent, guardian or custodian� (705 ILCS 405/3-3). �A law enforcement officer may, without a warrant, take into limited custody a minor who the law enforcement officer reasonably determines is (i) absent from home without consent of the minor's parent, guardian or custodian� (705 ILCS 405/3-4). Once this is done (unless the minor will return home or the parent consent to alternative living arrangements) the court system and child protection system take over. Sometimes, a teenager finds themselves in foster care or a state-facility when they won�t go home.

Your friend�s parents could also get into trouble. Section 10-6 of the Illinois Criminal Code provides: �Harboring a runaway. (a) Any person, . . . who, without the knowledge and consent of the minor's parent or guardian, knowingly gives shelter to a minor, other than a mature minor who has been emancipated under the Emancipation of Mature Minors Act, for more than 48 hours without the consent of the minor's parent or guardian, and without notifying the local law enforcement authorities of the minor's name and the fact that the minor is being provided shelter commits the offense of harboring a runaway.�

You have choices to make. Difficult choices. Returning home IS an option. If you need advice or someone to intercede with your parents, seek out a responsible adult who is trusted by you, and can be trusted by your parents.