Legal Question in Family Law in Ohio

Re: Adult sister's rights in domestic abuse/nelglect of minor brother

You cannot take your brother - he is still a minor. However, if he is in such danger, you should try first getting your parents to agree to let you take over as his guardian. DCFS are obliged to act immediately on any reports. They do not have to consult with you. However, if they determine there is a clear danger to your brother staying with your parents, they will try to place him elsewhere. This could mean with you. You could stay in touch with the caseworker - they are often cooperative in such situations - and apply to the court to become his temporary guardian during the court process if DCFS determine he should be taken out of the home. If you qualify, most courts prefer to place kids with family rather than foster homes. There are many things you can do here and I would advise you to talk to a lawyer to understand the different routes.

Re: Adult sister's rights in domestic abuse/neglect of minor brother

First of all, until a court declares otherwise (and certain other narrow exceptions), a child under the age of eighteen lacks the right of an adult. This means your brother has no power to decide where to live unless he is emancipated by a court.

If your brother, as an unemancipated minor, moved into your home, and if the your parents chose, they could have the police take your brother into custody if he 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.

You could also get into trouble if the matter is not handled right. 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.� This is a crime.

If your parent(s) will approve of you as a short-term guardian, it wouldn�t be difficult to have a lawyer prepare the paperwork. If you are looking for a longer-term guardianship, you should see a lawyer to advise you as to the particular facts and options you may have.

As for calling DCFS, yes they will respond. No, there is no assurance what they will do. They will take such steps as they deem appropriate to investigate, and if necessary, to protect your brother. They might interview you for investigative purposes, but they have no obligation to �consult� with you before taking your brother into custody, should they choose to do so.