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Speak Up! - View Question #183 |
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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.
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On 10/27/03
Desiree' from IL said:
I am 16 and I am completely unable to get along with my parents, and I've even filed some reports from my mom abusing me. I would like to get out, and several of my friends are able to take me in, and I could support myself. I know there is a way to legally get custody of myself, but it says you have to have parents' permission... so what's the point? My mother and father won't just allow me to do that. What do I do? PLEASE HELP!!!!! Asap.
Thank you, Desiree'
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On 09/23/03
vanessa from IA said:
i was recently removed from my parents home for abuse and now live with my grandparents. but the thing is that it isnt going so well here either and they have guardianship over me. i heard that you can be over 16 and move out on your own legally. is there any way that i am able to move out on my own at my age without my grandparents having a say in it?
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On 09/02/03
Dave from MN said:
Jessica Marie, if you are 18 there is nothing your mother can legally do to keep you from moving out.
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On 08/17/03
Sara from GA said:
im 16 and having constant troubles with my mom. basically she thinks that if someone isnt of our religion i cant have any social contact with them. and all my friends happen to be not my religion. so i lie alot so i can hang out with them, but i also get caught alot and this makes it harder to maintain friendships not to mention romantic relationships. so ive lately been thinking alot about moving out. but i dont know how old i have to be to legally move out of my home, and i cant seem to find the answer on the internet. so if ne one has any idea please please tell me.
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On 06/27/03
jessica from DE said:
sam,
hey I'm in foster care because my mom does the same things also. You can live wiht you grandparents if the state say's so. You hav eto make sure it's okay wiht your grandparents maybe you should sit down and speak to them . There si people you can call to get out of your parent's home. Don't tell your parent's what your doing. Talk to your school counselor.
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