Legal Question in Family Law in Illinois

Minor emancipation; age 17 is not a gray area

A younger person can seek emancipation which would entitle him or her to be free of parental control, but a minor 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. Mature adults have a job or other independent means of support, live in an apartment or other living quarters which the person pays for, and pays all his or her own bills. 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 a court declares otherwise, a seventeen-year-old lacks the right of an adult.

If a minor�s parents chose, they could have the police take the minor into custody if he or she refused 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.

The person who takes a minor in 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.�

The fact that the child obtained an emergency order of protection against the parents creates a very big problem. The parents who are trying to stop the emanicipation, should have the right to have the child taken into custody by the police and placed with independent foster care or youth home pending the outcome of the EOP case. The parents should appear (in person or by counsel) and defend against the EOP and the emancipation if they feel the case is harmful to their child.

Re: minor emancipation

17 is a gray area for minors. Her order of protection is probably valid. I think her parents are probably out of luck for the moment. Once she does obtain emancipation, her parents are under no duty to provide support. She will truly be on her own with all the consequences that come with it.