Speak Up! - View Question #183

« LawForKids.org home page | « Go back to speak up question #183

Question: If I was charged with being an Incorrigible child would I be forced to move back home?

Answer:

Arizona Law (A.R.S. § 8-201(15)) defines an incorrigible child as someone who:

 

  • is determined by the courts to be a child who refuses to obey the reasonable and proper orders or directions of a parent, guardian or custodian, and who is beyond the control of that person;
  • routinely or habitually skips school;
  • is a runaway from the child's home or parent, guardian or custodian;
  • routinely or habitually behaves in such a manner as to injure or endanger the morals or health of self or others;
  • commits any act constituting an offense that can only be committed by a minor and that is not designated as a delinquent act; or
  • fails to obey any lawful order of a court of competent jurisdiction given in a non criminal action.

As a minor, it is your parents' responsibility to provide proper parental care and control of you. This includes providing adequate food, shelter, and clothing for you. If you don't live with your parents now, then you could be in juvenile detention, in a foster placement, or living with a family member or friend. Upon being charged with an offense, you face being placed in detention. I am sure you are aware that is where people under the age of 18 who commit crimes go to instead of adult jail or prison. If you were already in detention, you won't be released from detention for committing another crime.

If you were living with a family friend or guardian and disrupted your placement with them while being charged as an incorrigible child, the courts would have to determine the most appropriate setting for you. Surely detention would be a consideration. If the people you live with did not want you to return, where you would go hinges on how you got there in the first place. If you were placed with a family member or friend because your parents weren't doing a good job of parenting you, then if the circumstances that caused your parents to lose you still exist, there is a chance you wouldn't return to them.

If CPS or any other state agency was involved in removing you from your parents the first time, that would be taken into consideration when determining where to place you.


Comments
6 thru 10 of 26 comments
On 03/08/04
Lindsay from OH said:
I know what you are going through. It is so hard living your life everyday knowing what you have to come home to. I don't know if you and your brother are old enought to move in with your grandparents unless they go to court. Another option is that your grandparents could get grandparents rights and be able to get you twice or three times a week. Hey, it's better than nothing! My advice is to talk to a school counselor or a respectable adult and tell them whats going on. Until then you need to really be there and get along with your brothers, they need your love and support.
On 03/03/04
Momi from WA said:
I am 14 a month from 15 i hate my house i hate my family i was hit when i was little for "dicipline" i was taught to never talk back not even to state why what has happened happened i raised in a sexist house where boys were allowed to do anything but the girls werent they had to clean, cook, do what they were told or else. I'm sick of it i want to leave ill get a job a apartment anything i dont want to be here anymore i hate myself i want to die i hurt so much my parents dont care they just want the perfect looking family please tell me i can leave i want leave i just cant stand it anymore.
On 02/08/04
KRISTEN from GA said:
I AM 17 YRS. OF AGE, CAN I MOVE OUT OF MY MOTHER'S HOME (SHE IS ABUSIVE AND DRINKS) WITHOUT REPRECUSSIONS. IF NOT CAN I BECOME EMMANCIPATED.
On 02/02/04
Amber from NY said:
I used to live with my grandma...then at the age of 15 i had to come live with my dad and his wife...we do not get along! I have wanted to leave ever sence i have moved here and go back with my grandma...but i dont want to leave if im going to have to come back...whats the age??
On 12/30/03
Cole from IL said:
I don't know the legal age or how to get around it but i would like to know to if you find out. Me and my gf have to do something.
6 thru 10 of 26 comments



Read more about the law and Family
Related Stories
Related Laws
« LawForKids.org home page | « Go back to speak up question #183