Emancipation Paperwork Illinois

Emancipation Paperwork Illinois-49
Running away and disregarding parental authority are status offenses (i.e., misbehavior that would not be unlawful if committed by an adult), not crimes.

Running away and disregarding parental authority are status offenses (i.e., misbehavior that would not be unlawful if committed by an adult), not crimes.Parents can (1) report a teen behaving in either way to their local police department, (2) file a court complaint asking a judge to designate the teen a “youth in crisis,” or (3) ask a judge to declare the teen emancipated, giving him or her all the powers of an adult and relieving the parents of any responsibility for his or her care or actions.

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The law defines a youth in crisis as a 16- or 17-year old who, within the last two years, has (1) run away from home or other authorized residence without just cause, (2) been beyond his parents' control, or (3) four unexcused school absences in a month or 10 in a year.

A teen can be referred to the court through a petition filed by a parent, foster parent, or representative of the teen; a selectman, town manager, police officer, or local welfare department; a probation officer; a school superintendent; a youth service bureau; or a child-caring agency licensed or approved by DCF.

Parents can also decide where their children will live and go to school and can choose what medical care their children will receive.

If a young person under the age of majority is emancipated, the parent or guardian no longer has any say over the minor's life.

If they seek to have the teen declared a youth in crisis, a judge can order, among other things, that the teen return home, not drive a car, attend school, or get mental health or substance abuse counseling.

But courts have limited authority to enforce these orders.

Judges must (1) ask DCF to investigate, but they may waive this when they find cause to do so and (2) appoint a lawyer to represent the teen.

If the judge finds that reasonable cause warrants it, he or she may also appoint a physician or mental health professional to examine the teen.

A minor who is "emancipated" assumes most adult responsibilities before reaching the age of majority (usually 18).

Emancipated minors are no longer considered to be under the care and control of parents -- instead, they take responsibility for their own care.

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