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Some cities/states do have an "unruly juvenile" statute. Do we know what state this is?
There would still need to be a specific hearing held on the issue. And the judge doesn't just make that determination by hearing the adult's side of the story, "We threw him out because he didn't obey." An example of such a law (from Ohio) follows:
a minor who is: 1) habitually truant from school; 2) persistently disobedient (including behavior such as running away from home; 3) who acts in a way that injures or endangers another's (or his or her own) health or morals; or who violates a law that applies only to minors (such as a curfew) can be considered an unruly child. For this, you'd have to have some evidence.
In that case they CAN be sent to juvie but the kid still gets the "due process" of a hearing specific to that before he is sent to juvie. My comment meant that a judge who is considering a different legal question, whether a kid is entitled to child support, cannot just decide a teenager is unruly and send him off to juvie. The claim must be plead and I imagine one issue would be decided in family court and the other in juvenile court.
I believe that in this case, the judge may order the child's parents to take him back in, or send him to a REAL, qualified foster home.
It would be desirable for the judge to order the parents to take him back. The risk of being sent to a real, qualified foster home is unlikely. The director of foster care says that there aren't foster homes for teenage children close to adulthood. Instead, they place the teens with friends' families or relatives. There are orphanages with campus atmospheres consisting of clusters of large group homes that house 20 children per building.
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Originally Posted by sskkc
It is unlikely in the extreme that the judge will order the parents to pay him money - even if he WERE paying for his own expenses. Which he is not. He is living off the kindness of strangers.
He's not living off the kindness of strangers. He only has one more week where he's staying now.
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Originally Posted by sskkc
If he is truly a 'problem child' who refuses to follow home rules and the parents have documented proof,
He's not a 'problem child' by definition of any law, nor most parents' standards.
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Originally Posted by sskkc
...and you get a judge who sees kids like this all the time, he may reprimand YOU, possibly fine you for interfering in the relationship between the parent and the child and send the child to a juvenile detention center for whatever he had done to cause his parents to 'kick him out'.
Oh, please. No judge in the world is going to reprimand or fine me for helping a homeless teen. Regardless, I know the magistrate personally.
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Originally Posted by sskkc
If the car is in his name, and the judge decided not to order the child to go back home, he MAY order the car returned to the child, if he can prove he has car insurance on it and the funds/wherewithal to pay for the next car registration. But this too is unlikely.
Actually, it's likely the judge will rule in his favor. I've talked to a few lawyer friends of mine today. The ruling isn't the hurdle. It's getting a court to hear the case since he needs a guardian to file on his behalf. Abandoned homeless teens are in a complicated legal black hole. By the time a lawyer gets permission from the courts to represent him, he'll be 18.
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Originally Posted by Jennibc
I cannot imagine a state passing a law where a third party would be fined for "interfering" in a parent-child relationship for advocating on the part of a neglected child. If this teenager has been pushed out of the house, that arguably falls under neglect because the parents are no longer providing for that child's basic needs. If there were any such law, it would serve to silence reports to that state's child protective services and I state legislatures aren't interested in that kind of outcome.
Thank you. Furthermore, my state doesn't allow parents to simply give up their children to the state for no reason whatsoever. The law is clear. In order for parents to not be criminal charged, parents need to emancipate the teen or sign over guardianship to someone. Sadly, this law is only enforced for younger children, not children who are close to adulthood, even though the law includes children until high school graduation.
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Originally Posted by sskkc
Additionally, a judge just cannot send a child to juvie for "mouthing off" to his parents or being a problem child.
Thank God most taxpayers wouldn't stand that!
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Originally Posted by Dragonfly8
Some cities/states do have an "unruly juvenile" statute. Do we know what state this is?
Pennsylvania.
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Originally Posted by Jennibc
There would still need to be a specific hearing held on the issue. And the judge doesn't just make that determination by hearing the adult's side of the story, "We threw him out because he didn't obey." An example of such a law (from Ohio) follows:
a minor who is: 1) habitually truant from school; 2) persistently disobedient (including behavior such as running away from home; 3) who acts in a way that injures or endangers another's (or his or her own) health or morals; or who violates a law that applies only to minors (such as a curfew) can be considered an unruly child. For this, you'd have to have some evidence.
Here's today's update. Talked to the guidance counselor and a lawyer friend.
Guidance counselor says that CYS doesn't get involved when parents kick out children over 16. It's not a law. It's just an overburdened service that doesn't have the resources to deal with this problem since it's so prevelent.
Lawyer friend identified many hurdles and is consulting an attorney who specializes in appropriate legal field tomorrow. As of now, everything we discussed will take too long to be relevant because he will be 18 before he gets his day in court. Advocacy groups for children teens only work with those in foster care or juvie. Teen homelessness doesn't seem to be supported anywhere in this region.
Hopes, I realize you have spoken with lawyers and other resources. Have you spoken to either of his parents? Might that not be something that could possibly help?
Hopes, I realize you have spoken with lawyers and other resources. Have you spoken to either of his parents? Might that not be something that could possibly help?
I've been considering it. I suspect because it's not possible to influence parents who take this route, but I might try it if all else fails.
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Regardless, I know the magistrate personally. 
