Il testo completo di questa pagina non è ancora stato tradotto, quindi qui sotto è mostrato in inglese. Il riepilogo, le etichette e le informazioni sulla sicurezza qui sopra sono tradotti.
A 15-year-old in Spokane has a huge fight with his mom and packs a backpack at midnight. He has a friend's couch for one night and no plan after that. He is not sure if leaving is illegal, or whether a shelter will just send him back. The answers depend partly on his state, but federal law sets some rules everywhere.
Is running away a crime?
Not under federal law. Federal rules define a runaway youth as someone under 18 who leaves home without a parent's or guardian's permission, and that definition is used to offer help, not to charge anyone.
Some states treat running away as a status offense (behavior that breaks the law only because of your age, like skipping school). A status offense can bring a juvenile court case, but it is not an adult crime.
Federal law also pushes states to keep status offenders out of locked detention. Under the Juvenile Justice and Delinquency Prevention Act, the U.S. Office of Juvenile Justice and Delinquency Prevention (OJJDP) cuts a state's yearly grant by 20 percent for each core requirement it fails, and keeping status offenders out of secure lockups is one of them. There is an exception when a young person breaks a valid court order.
Why the state can step in
In Schall v. Martin (1984), the U.S. Supreme Court upheld a New York law that let family court hold some juveniles before trial. Along the way, the Court said young people, unlike adults, are always in some form of custody, and when a parent's care breaks down, the state has a part to play.
That idea is why police or a court can get involved when a minor leaves home, even when no crime happened. It also means the system is supposed to look for a safe place for you, which is not always the house you left.
What a youth shelter will do
Many shelters for teens are funded by the federal Basic Center Program, which serves youth under 18. Federal funds cover a stay of up to 21 days.
The shelter will try to reach your family. Under the federal rule for these programs, it must contact your parents, guardian, or other relatives as soon as it can, and no later than 72 hours after you arrive, based on what is best for you. If contacting them is not in your best interest, for example because of abuse at home, the shelter must tell another adult you name instead and write down why.
Your records are private. A funded shelter cannot share your name, address, or photos without consent from you and your parent, with narrow exceptions. Some states do require shelters to notify juvenile court when a young person arrives.
If you are thinking about leaving
Call or text the National Runaway Safeline at 1-800-786-2929 (1-800-RUNAWAY), or use its online chat. It is open 24/7 and it is confidential. You can use it before you leave, after you leave, or to plan a way back.
If you are in danger right now, call 911. If you are leaving because someone at home is hurting you, tell the shelter staff at the start. That changes who they contact, and it can lead to a child abuse report so an agency looks into your safety.
Da ricordare
- Running away is not a federal crime; some states treat it as a status offense for juvenile court.
- Federally funded youth shelters serve teens under 18 for up to 21 days.
- The shelter must reach family within 72 hours, unless that is not in your best interest.
- The National Runaway Safeline, 1-800-786-2929, is confidential and open 24/7.
Fonti
- RHYTTAC (federal training center for runaway and homeless youth programs): RHY program frequently asked questions (si apre in una nuova scheda)
- OJJDP: Core requirements of the JJDP Act (si apre in una nuova scheda)
- National Runaway Safeline: Get help (si apre in una nuova scheda)
- Legal Information Institute: Schall v. Martin (1984) (si apre in una nuova scheda)
Questo articolo offre informazioni educative generali, non consulenza legale personalizzata. KidsKnowRights non è uno studio legale, e leggere questo articolo non crea un rapporto avvocato-cliente. Le leggi cambiano a seconda dello stato, dell'età e delle circostanze, e cambiano nel tempo. Per un consiglio su una situazione reale, parla con un avvocato abilitato o con un'organizzazione di assistenza legale gratuita.