A runaway can be defined as a minor who is below the age of 18 and leaves his/her home without the parent's or guardian's authorization. Typically, it is not viewed as a crime to run away from your home, but parents and legal guardians can face legal outcomes. Especially if it is found out that they encouraged the escape in any way. Running away is classified as a status offense, the penalty for which includes education and counseling about the same. Other repercussions include discontinuing their driver's licenses and fines. A professional defense attorney will guide you about the available alternatives that are present to you.
Reasons for Running Away From Home
- Alcohol and drug use by the minor
- Suicidal tendencies and causing harm to self
- Family dynamics or Abuse
- Medical health conditions
Let's take a look at what the law in California states regarding a minor leaving his/her home.
Minors And Juvenile Court In California: Section 601 (a) (b)
Section 601 (a) from Article 14 of the California Welfare And Institutions Code says that a minor who persistently refuses to obey their parents or guardian's reasonable directions and dishonors a directive of the state is within the jurisdiction of the juvenile court. A minor is legally described as someone who is between 12 and 17 years of age. The juvenile court can adjudge the particular minor to be a ward of the court.
Section 601 (b) states that if the minor has four or more truancies within a single school year, then the minor is within the discretion of the juvenile court. This court may then adjudge the minor to be a ward of the court. This scenario is also possible if the school attendance review board or probation officer concludes that the accessible private and public services are insufficient or unsuitable to correct the frequent truancy of the minor. Therefore, the minor's refusal to obey the proper orders of the school authorities is taken into consideration.
Even if the minor fails to respond to the directives of a school attendance review board, then he/she is under the authority of the court. So if you're planning to leave your home, rebelling against your parents or school will only leave you in court. Once in juvenile court, your best bet is to consult with a criminal lawyer to check your options.
Emancipation Of A Minor In California - Section 7050
Section 7050 of The Family Code Of California Law states that a minor who is emancipated is considered as a minor for the following purposes:
- When the minor's right is supported by the minor's parents.
- When the minor's parents have a right to the minor's earnings and control the minor's decisions.
- When all imputed liability of the minor's parents for the minor's torts is ended.
The Minor is in the Capacity to Do the Following Things:
- The minor can consent to medical, dental, or psychiatric care without having his/her parent's consent.
- The minor can enter into a binding contract or even give a delegation of power.
- The minor can buy, sell, exchange, or transfer interest in personal or real property.
- The minor can be sued or sue in their name.
- Compromise, settle or adjust a claim by or against the minor.
- The minor is allowed to make or revoke a will.
- Exercise or release the minor's powers unless the instrument says otherwise.
- The minor can elect to take under or against their will.
- The minor can revoke a revocable trust.
- Establish the minor's residence.
- The minor can enroll in school or college.
Do Not Take The Law Into Your Own Hands: Call A Criminal Defense Attorney
Both the above sections mention the repercussions of leaving home and the difficulties that a minor may face after he/she leaves home represents serious consequences. The court will guide you but it can become a long and drawn-out process for the ones who have no idea how the law works. Some sort of assistance is fruitful and helpful to his/her case. Any resident of California who needs help for the same can reach out to The Law Office of Raoul Severo for representation by mentioning the discount coupon for attorneys - CriminalDefense_07-20 to receive a free first consultation through the process.
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