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blondmomx3 · Mar 25, 2011, 04:22 PM

I have a teenager staying with me. Her single mother kicked her out of the family home and changed the locks. The mother knows she is staying with us. Mother originally said she would not allow child back in home until child has followed certain rules. Mother and daughter agreed to meet and talk things over, over the next few days. That didn't happen due to many things, most having to do with mother. Out of the blue, mother has contacted me stating she is fed up with the child (they have had no contact) and she is contacting Child Services to have the child removed from our home today. This child is actually 16 years old. She is an excellent student. She seems to be a kind, mindful teenager (as least as far as they come) but has serious issues with her mother. Mother stated there is no way she wants her daughter back in her home ever and she could not stay with us because mother felt daughter was having it too easy. This 16 year old will be ruined if she is taken away from us. Is there anything we can do? As a 16 year old, does she have any rights? Under these circumstances, would Child Services really take her away from us?

tickle · Mar 25, 2011, 04:24 PM

Makes a difference in what state the daughter resides, you reside, etc.

Tick

cdad · Mar 25, 2011, 04:26 PM

You have no legal ties and right now your harboring a criminal. If the mother requests it and child services agrees then yes they can take the child.

joypulv · Mar 25, 2011, 04:49 PM

Each state has their own age of emancipation and laws for governing it. The child can petition Family Court.

cdad · Mar 25, 2011, 05:09 PM

Originally Posted by joypulv

Each state has their own age of emancipation and laws for governing it. The child can petition Family Court.

There is nothing in the OP's post to indicate that emancipation is even remotely possible. To even qualify on a most basic level they would have to live on their own and not with someone else.

ScottGem · Mar 25, 2011, 05:55 PM

The real issue here is that you are allowing a minor to reside in your home without the mother's permission. So, yes, Children's services can take her away and you can get on trouble for harboring a runaway.

What you should have done, is gone with the child to children's services with the child the day after she was kicked out. Have the child explain what happened and have you offer to foster her. At that point she might have been placed with you under certain conditions. Now that is unlikely.

Now you NEED to turn the child over before you get in further trouble.

Fr_Chuck · Mar 25, 2011, 06:49 PM

Actually YOU should have contacted childrend services, and reported the mother for kicking the child out, they may have worked as a go between or required the mother to be supervised or monitored.

Also you could have applied as a temp foster care home for the child if they choice to keep the child out of the home temp.

You have no legal status at this point and could even end up in legal trouble yourself

And who are you in this relationship, and your age and what type of family environment.
Next why do you think the girl would be destroyed if she ended up in a loving foster care home ?

But yes, the girl has the right to be under proper legal guardianship, you don't have that, even the right to get her medical treatment.

Also you had legal obligation to report it, which you did not do

blondmomx3 · Mar 26, 2011, 08:49 AM

Actually, I didn't state it clearly, but I did/do have the mother's permission and I am in contact with the mother daily.

blondmomx3 · Mar 26, 2011, 08:53 AM

Thank you. I was thinking about something along these lines, with the mother having kicked the child out in the first place. I do not believe I could be in any legal trouble. I did not state it clearly, but the mother has given me permission to keep her daughter for now, and I have text's and emails supporting this, though I realize I have no legal status at all. Thank you, again.

blondmomx3 · Mar 26, 2011, 08:55 AM

I have no idea where you get the idea I am harboring a criminal. The child is a victim, a minor having been kicked out of her home. She has done nothing illegal and either have I since I have the mothers permission to have her stay with me for now. I do understand I have no legal ties.

blondmomx3 · Mar 26, 2011, 09:13 AM

Thank you all for your thoughts. I am sorry I didn't make it clear that I was in touch with the mother and she has given me permission to have the child stay with me. The problem is that could clearly change at any moment and I am powerless. As I suspected, based on your responses, chances are I am powerless. Sad situation as child has a real chance right now of being a successful young lady and mother, though struggling, is a deceit soul. I don't think mother has any idea what she may be doing to her relationship with her daughter and her daughter's life, if she can't offer her some stability. Thank you, again.

JudyKayTee · Mar 26, 2011, 09:18 AM

What was the form of that permission? My neighbor took in her daughter's friend with the ORAL permission of the mother. The mother then got sick of the whole situation (for whatever reason), called the Police. The Police showed up and supervised the move of the child from my neighbor's home - and told my neighbor she could be charged with parental interference.

Of course nothing happened but it was a lesson to be learned.

joypulv · Mar 26, 2011, 09:37 AM

In my state, emancipation requires proof of ability to have basic needs provided, including by someone else.

JudyKayTee · Mar 26, 2011, 10:53 AM

I don't see that anyone has applied for emancipation - the mother, the child. MIGHT be a good idea IF the OP wants to take full responsibility for the child (including financial).

What type of consent is being used to keep child in school, provide medical care?

The mother appears to be removing child as some sort of retaliation, punishment, against the child.

If I were the OP I'd be talking to an Attorney - and that would include one from Child Protective Services (or whatever it's called in her area) or Legal Aid. Some of those services (and I realize they are criticized all the time) do some really terrific, child-protective work. At 16 the child MAY have a say in things.

Where is the father in all of this? (I realize the mother is a single mother but that doesn't mean there isn't a recognized father.)

cdad · Mar 26, 2011, 11:34 AM

Originally Posted by joypulv

In my state, emancipation requires proof of ability to have basic needs provided, including by someone else.

Can you prove this as in a link to the laws of your state? The situation your speaking of isn't emancipation in any way. Not when you have to rely on someone else to provide for you.

ScottGem · Mar 26, 2011, 02:14 PM

First, if you have follow-up questions or info, please use the Answer options not Comments.

We understand the child was locked out, but if the mother decides to lie about it, she could brand the child a runaway and that is where you get in trouble harboring a criminal.

As Judy mentioned, unless you were given a limited, written power of attorney, you have a tenuous position where you could be charged with parental interference. The mother does not seem to be the most stable of people which is why you should have gone to children's services first. Or at least get something in writing.

joypulv · Mar 26, 2011, 08:23 PM

CT
Sec. 46b-150b. Order of emancipation. If the Superior Court or the Probate Court, after hearing, finds that: (1) The minor has entered into a valid marriage, whether that marriage has been terminated by dissolution; or (2) the minor is on active duty with any of the armed forces of the United States of America; or (3) the minor willingly lives separate and apart from his parents or guardian, with or without the consent of the parents or guardian, and that the minor is managing his own financial affairs, regardless of the source of any lawful income; or (4) for good cause shown, it is in the best interest of the minor, any child of the minor or the parents or guardian of the minor, the court may enter an order declaring that the minor is emancipated.

cdad · Mar 27, 2011, 04:57 AM

Originally Posted by joypulv

CT
Sec. 46b-150b. Order of emancipation. If the Superior Court or the Probate Court, after hearing, finds that: (1) The minor has entered into a valid marriage, whether or not that marriage has been terminated by dissolution; or (2) the minor is on active duty with any of the armed forces of the United States of America; or (3) the minor willingly lives separate and apart from his parents or guardian, with or without the consent of the parents or guardian, and that the minor is managing his own financial affairs, regardless of the source of any lawful income; or (4) for good cause shown, it is in the best interest of the minor, any child of the minor or the parents or guardian of the minor, the court may enter an order declaring that the minor is emancipated.

The red highlight section shows that they must "stand alone". Its not allowed to just go live with someone else to meet the emancipation clause of the law.

JudyKayTee · Mar 27, 2011, 07:00 AM

I agree with CalifDad - the child is not self supporting. Joy, read it again - you are misinterpreting the Law.

AK lawyer · Mar 27, 2011, 07:08 AM

A runaway teen, assuming that is what you call her, is not a criminal.