Legal Question in Juvenile Dependency in Michigan

Parent responsibilities for runaways actions

Our 17 year old ran away, but is still here in the same town and living from friend to friend. What is our responsibilies if he does something illegal? He hasn't been able to get a job, can we still emancipate him and will that relieve us of any illegal activities he might become involved in?


Asked on 11/02/07, 9:29 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Parent responsibilities for runaways actions

Emancipation occurs by operation of law occurs when the minor (a) turns 18 years old, (b) is validly married, or (c) is on active military duty or is in police custody and the parent's consent is not available.

Emancipation occurs by order of the court when a judge orders a minor to be emancipated (after a petition has been filed and heard by the judge). This is easier said than done. The minor has to petition, not the parents. The minor must prove that he/she can manage his/her financial and social affairs (including proof of employment or other means of support; housing; etc.), and attach affidavits from a physician, psychologist, therapist, nurse, clergy, school administrator, school counselor, teacher, law enforcement officer, duly regulated child care provider, or certified social worker with personal knowledge of the minor's circumstances and a belief that emancipation is in the minor's best interests. Receipt of General Assistance or ADC-F is not qualified "other means of support" and is not proof of self-support by the minor. The minor must also prove that the parent/guardian either does not object to emancipation or is not supporting the minor. The court must hold a hearing on the petition and determine (by a preponderance of the evidence) that the minor has met all of the legal requirements for emancipation, understands the rights and responsibilities of emancipation, and has shown that emancipation is in his/her best interest.

Your child doesn't have a job and has been a runaway? Doesn't sound like he/she would convince a judge that he/she can manage his/her financial affairs.

Emancipation by order of the court isn't meant to just let the parents off the hook.

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Answered on 11/05/07, 8:49 am


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