Legal Question in Juvenile Dependency in Michigan

16 and want to move out

I'm 16 and have my parents consent to move. Someone heard they were throwing me out and reported to CPS that I was homeless. I still want to move and still have consent. The only thing is can my parent be arrested since CPS has got involed or is it ok?


Asked on 10/26/07, 6:09 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: 16 and want to move out

A 16 year old is still a minor and is not "emancipated" unless a judge emancipates the child (after a court hearig in probate court where the child must prove, in part, that he/she can financially support him/herself and is emotionally mature enough to care foe him/herself), or the child gets ... or the child is validly married.

Short of that, the 16 year old cannot sign contracts (like a lease), or make medical decisions (like needing an emergency operation). The parent or a guardian has those responsibilities: to make decisions for the child, to provide for the child's material needs, etc.

If the parent negelcts or refuses to provide proper or necessary support for the child, and/or fails to provide proper custody of the under-18 year old child, then CPS and the Family Court can get involved. The parents should talk to an attorney who handles family court cases, especially "neglect cases" for options. Those might include giving a responsibile adult an informal "power of attorney" over the child (who would then have power to make medical decisions, etc.), or creating a more formal guardianship through the probate court. Those might suffice for proof that the parent IS "providing proper care or custody", etc.

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Answered on 10/29/07, 10:10 am


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