Legal Question in Juvenile Dependency in Michigan

Moving out as a minor

I am 17 years old and living in Michigan; if I leave home, what can/will the cops do to me and/or anyone housing me if my mother so chooses to make them aware of my leaving?


Asked on 12/20/07, 3:19 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Moving out as a minor

Technically, you are a "runaway" under Michigan law [MCL 712A.2(a)(2)] because you are still a minor, are not legally emancipated until you are 18 (usually), and are subject to follow your parents' decisions (including where you're supposed to be living).

Yes, you are egally old enough to drive a car and to consent to have sex, but that's pretty much it until you are legally emancipated (usually by the fact of you turning 18). Emancipation before 18 is possible, but tough to get from judge, because you have to prove things like your own financial ability to support yourself without the help of others, emotional maturity vouched for by others, etc.

One good reason for a parent to control where their child lives, who the child interacts with, etc. is that until the child IS emancipated, the parent is legally responsible for the child's care & supervision (housing, clothing, food, medicals, etc.), and is on-the-hook to pay for damages caused by the child. They have a right to have the child under THEIR "watch" if THEY are on that hook.

This isn't just about money. It's also about the parent being in a position to still "raise" the child, to give guidance, etc. It's harder to do when the child's not at home with them, and especially with people the parent doesn't approve of.

What could happen to you? As a runaway, police could haul you back to your parents' home, AND a petition could be filed in juvenile court for that court to take jurisdiction over you as a runaway or as an "incorrigble youth" [MCL 712A.2(a)(2)].

What could happen to the people you are living with? They could be charged with Harboring a Runaway [MCL 722.151], a misdemeanor carrying up to 1 year and/or $1,000 fine. Remember, those people might have opened their doors to you out of the goodness of their hearts, but ... they might have also done so for more sinister reasons. Also, they are not your parents or legal guardians (a position authorized by a Judge), so they cannot legally make decisions for you that a parent does, like authorizing medical care for you. (What if you need surgery? YOU are too young to agree to it, and the hospital needs a parent or legal guardian's ok.) Yes, this is a worst-case scenario, but it's one example of why your decision is foolhardy.

What's the rush about, anyway? Why not wait until you ARE a legal adult (18) before you try to ACT like one?

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Answered on 12/20/07, 9:44 am
Renee Walsh LawRefs Nonprofit

Re: Moving out as a minor

This is a gray area in Michigan law and there is too much to discuss in the space provided herein. I have answered this question repeatedly for 17 year olds. Please take a look at my website, www.lawrefs.com at which I have written two different blog entries, one called 17-year-old Runaways: Not "Adults", Not "Juveniles", And Not "Children" - Michigan Law Leaves Parents Helpless and another called Michigan Runaways. They are found under the Juvenile Law topic heading.

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Answered on 12/20/07, 4:36 pm


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