You asked what parents can do when their 16- or 17-year old children run away or are beyond their control.

SUMMARY

Running away or disregarding parental authority are status offenses (i. e. , misbehavior that would not be unlawful if committed by adults), not crimes. Parents can (1) report this situation to their local police department, (2) file a court complaint asking the judge to designate the child a “Youth in Crisis,” or (3) both. If they seek court intervention, the judge can order, among other things, that the child 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. The law prohibits them from re-classifying violators as delinquent or holding them in detention.

The legislature created a juvenile court implementation team last session to study and report on statutory changes needed to extend juvenile court jurisdiction from age 15 to age 17. If this occurs, juvenile court judges will have more options for enforcing youth in crisis orders.

POLICE RESPONSE

Parents who notify the police that their 16- or 17-year old has run away or is beyond their control can file a formal complaint. This must include a written, notarized statement giving the dates, times, and behavior that led them to file the complaint. It should also include the names, addresses, and other information about the youngster's friends and acquaintances; where he was last seen; and a description of his car, if he has one.

Uniform police protocol requires the officer to:

1. note the parents' demeanors,

2. check for family violence or assault reports,

3. report the case to the Department of Children and Families and determine whether the family has ever been involved with them,

4. give the parents copies of their statements, and

5. encourage the parents to file a Youth in Crisis petition in their local probate or juvenile court.

If the complaint involves a runaway, the police must immediately enter the information in the state police's computer database (COLLECT), broadcast it to officers on patrol, and include it in roll call announcements. They must also try to locate the youngster and notify the parents if they find him.

Before telling the parents where he is, the officer must determine whether doing so places the child in danger of physical or emotional abuse. In making this determination, he must consider (1) the parents' demeanors, both when filing the complaint and upon learning that the police had located him; (2) the family's history of violence or abuse and neglect; and (3) the runaway's attitude and concerns, as expressed in the officer's private interview with him.

After informing the parents, they must then either:

1. take the child home or to the home of an adult who is willing and able to provide appropriate temporary shelter;

2. refer him to the probate court in the district where he is located, if the court is willing to accept the referral;

3. hold him in protective custody for up to 12 hours while they try to determine a suitable disposition, so long as the youngster is not held in a cell designed or used for juveniles or adults;

4. take him to any public or private agency serving children, with or without his consent; or

5. refer him to a youth service bureau or agency serving children.

If none of these options is appropriate, the officer must refer the child to the juvenile court in the district where the youngster is located.

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