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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 485
Experience:  Attorney and Counselor at Law
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I know a 17 year old minor who tried to get emancipated from

Customer Question

i know a 17 year old minor who tried to get emancipated from her mom, but was told it would take longer for it to go through before she turned 18. I am trying to find help for her.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: california
JA: Have you talked to a lawyer yet?
Customer: Any idea on what she can do
JA: Anything else you think the lawyer should know?
Customer: well her mom verbally abuses her. She has lied to the cops about what an unruly child she is. The mother has told the c ops that she wants her taken into a juvenile center cause she doesn't know what to do with her. She doesn't want her anymore, but also says at the same time she will never get away from her. teenager has ran away 7 times now. Also want to know what could happen to the person helping the teenager?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: California. with in the last 2 weeks.
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 4 months ago.

Hello. Please give me a short time. I am writing a complete answer to your questions.

Customer: replied 4 months ago.
Ok. Thank-you. Just additional information. The child does not want to go back home. Will go to school!!! Wants to graduate and is trying to keep record clean
Expert:  Colleen Grady replied 4 months ago.

OK. What part of California is this?

Customer: replied 4 months ago.
Bakersfield
Customer: replied 4 months ago.
Kern county
Expert:  Colleen Grady replied 4 months ago.

Under the federal law called The McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11431-11435) this young person may be considered an "unaccompanied minor" and is entitled to continue to go to school in the same high school, even if the teen does not live with the mother. This law requires school districts to provide homeless students access to the same free, appropriate public education. School will not be a problem. Even if this young person does not want to go to the same school, they will be assisted by the school district where they find shelter. The school has to be informed of the child's status.

The challenge will be to find shelter and there are many agencies that will help. Here is a website that provides resources and a crisis hotline for youth: http://calyouth.org/ca-youth-crisis-line/. Here is the phone number: 1-***-***-****. I suggest that this young person call and seek guidance for shelter and school services. If the young person is already staying with someone, this hotline can help give guidance about this as well.

It is possible that a person helping a teenager to runaway can be charged with the following law:

California Penal Law 272. (a) (1) Every person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 years to come within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, commands, or persuasion, induces or endeavors to induce any person under the age of 18 years or any ward or dependent child of the juvenile court to fail or refuse to conform to a lawful order of the juvenile court, or to do or to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause that person to become or to remain a person within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than one year, or by both fine and imprisonment in a county jail, or may be released on probation for a period not exceeding five years.

(2) For purposes of this subdivision, a parent or legal guardian to any person under the age of 18 years shall have the duty to exercise reasonable care, supervision, protection, and control over their minor child.

Please let me know if I can help more. I will be happy to answer more questions. If you are satisfied with my help, please rate me.

Customer: replied 4 months ago.
Ok understood. how does she go about getting the Emancipation? She will be 18 years old in 5 months. What if she has a safe place to stay outside of her family?
Expert:  Colleen Grady replied 4 months ago.

Here is a manual that explains the process of Emancipation in California: http://www.courts.ca.gov/documents/emancipation_manual.pdf

She will have to go to court to do this and convince the judge she is able to be emancipated. She can apply for this now. A person needs to be at least 14 to apply. Having a safe place to stay will help with this process.

Here is the court link for the forms needed to petition for Emancipation: http://www.courts.ca.gov/selfhelp-emancipation.htm

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