Can the police force a minor to move home even if parents do not want minor at home?

01/12/2007 - Category:Minors - Emancipation of Minor - State: TX #365

Full Question:

A 17 year old female told mother and stepfather she wanted to leave home after a long time of emotional distress at home, and they allowed this to happen, knowing where she was going to be. She got a job and was still attending school except for one day when she was sick and failed to go to school. Even though she handled the missing school matter, by not notifying her mother or the school, she was reported as a runaway. The sheriffs department forced her to return to her mother. Is right for the law to force this considering the circumstances?

Answer:

According to the law of the state of Texas, anyone below the age of 18 is a minor.

Texas Emancipation of Minor Law

B'31.001: REQUIREMENTS

A Minor may petition to have the disabilities of minority removed for limited or general purposes if the minor is:

a resident of this state;
17 years of age, or at least 16 years of age and living separate and apart from the minor's parents, managing conservator, or guardian; and
self-supporting and managing the minor's own financial affairs.

A minor may file suit under this chapter in the minor's own name. The minor need not be represented by next friend.

B'31.002: REQUISITES OF PETITION.

VERIFICATION.
The petition for removal of disabilities of minority must state:

the name, age, and place of residence of the petitioner;
the name and place of residence of each living parent;
the name and place of residence of the guardian of the person and the guardian of the estate, if any;
the name and place of residence of the managing conservator, if any;
the reasons why removal would be in the best interest of the minor; and
the purposes for which removal is requested.

A parent of the petitioner must verify the petition, except that if a managing conservator or guardian of the person has been appointed, the petition must be verified by that person. If the person who is to verify the petition is unavailable or that person's whereabouts are unknown, the guardian ad litem shall verify the petition.

B'31.003: VENUE.
The petitioner shall file the petition in the county in which the petitioner resides.

B'31.004: GUARDIAN AD LITEM.
The court shall appoint a guardian ad litem to represent the interest of the petitioner at the hearing.

B'31.005: ORDER.
The court by order, or the Texas Supreme Court by rule or order, may remove the disabilities of minority of a minor, including any restriction imposed by Chapter 32, if the court or the Texas Supreme Court finds the removal to be in the best interest of the petitioner. The order or rule must state the limited or general purposes for which disabilities are removed.

B'31.006: EFFECT OF GENERAL REMOVAL.

Except for specific constitutional and statutory age requirements, a minor whose disabilities are removed for general purposes has the capacity of an adult, including the capacity to contract. Except as provided by federal law, all educational rights accorded to the parent of a student, including the right to make education decisions under Section 151.003(a)(10), transfer to the minor whose disabilities are removed for general purposes.



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01/12/2007 - Category: Emancipation of Minor - State: TX #365

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