Q. IV.1 Are parents always held legally and
financially responsible for their
children?
(a) If so, until what age?
(b) Does this include responsibilities for medical
bills?
(c) What if a youth is not living at home?
What are the
legal implications for parents who kick their child
out of home before the child's 21st birthday?
Q. IV.2 Who is
responsible for a child whose parents cannot be
located?
Q. IV.3 What
recourse does a parent have with an incorrigible
child?
Q. IV.4 What
is a Child Maltreatment Petition?
Q. IV.5 Can a
parent circumvent a child's right to shelter by
getting a "943- order" (psychiatric pick-up
order)?
Q. IV.6 What
rights do parents have when their child is living
outside their home? What are the legal risks a person
assumes if he/she houses a child who has run away
from home?
Q. IV.7 Does a
shelter have to contact a parent/guardian if a child
in the runaway program is over the age of 16?
Q. IV.1 Are
parents always held legally and financially
responsible for their children?
(a) If so, until what age?
(b) Does this include medical costs?
(c) What if a youth is not living at home?
What are the
legal implications for parents who kick their child
out of home before the child's 21st birthday?
A. (a)
According to the Domestic Relations Law 32 and
Family Court Act 413, parents, if they are
financially able, are responsible for the support
of their children until they reach 21. Parents
cannot be required to support their children over
21 unless there is an express agreement in place
between that parent and child.
In New
York State, abandonment of a child under the age
of 14 is a crime (New York State Penal Law 260).
A parent, who refuses to support a child under
the age of 16, can be charged with the crime of
non-support.
Generally,
a parent is not responsible for a contract signed
by a minor. However, under the "Doctrine of
Necessaries," a parent and minor may be held
responsible for a minor's contract for essential
items (food, shelter, clothing).
(b) Minors
living on their own may be responsible for their
own health care. However, based on the legal
obligation of parents to support their children,
parents can be held liable for the cost of the
child's medical care when a minor is living at
home, even if they (the parents) have not given
consent. This is true in the case of an emergency
medical treatment.
(c) When a
youth under the age of 21, leaves home without
parental consent and without "good
cause," or refuses to obey the reasonable
rules set by their parents, the young person may
forfeit his/her claim to parental support. If the
child leaves home because the conditions are
unbearable, the parents may not be relieved of
the obligation to support the young person.
However, the young person may have to bring the
parents to Family Court to obtain support in such
cases.
Q. IV.2 Who is
responsible for a child whose parents cannot be
located?
A.
According to the Child Welfare Reform Act, when a
child's parents are unavailable and the child is
under 18, the local Department of Social Services
should offer the youth placement in foster care.
Q. IV.3 What
recourse does a parent have with an incorrigible
child?
A. Parents
can file a Person In Need of Supervision (PINS)
Petition against their "incorrigible"
children who are under the age of 18. With an
older youth, the parent may be able to obtain an
Order of Protection from the Family Court if the
child is 18 or older and the
"incorrigibility" constitutes a Family Offense.
Q. IV.4 What
is a Child Maltreatment Petition?
A Child
Maltreatment Petition is the Court document filed
by a Child Protection Agency (the Office of
Children & Family Services) which alleges
that the child is an abused/neglected child. It
is often referred to as an "Article 10
petition." The petition must adequately
notify the parent of the time, place and nature
of the alleged abuse.
Q. IV.5 Can a
parent circumvent a child's right to shelter by
getting a "9.43-order" (psychiatric pick-up
order)?
A. Section
9.43 of the Mental Hygiene Law permits judges to
issue warrants on the verified statement of a
parent that a child is mentally ill. The warrant
authorizes the police to take the child into
custody to deliver the child to court. Once in
court, the judge will determine whether the child
is in need of a psychiatric evaluation. The
warrant issued is only valid for 30 days, and may
only be enforced during court hours.
The judge
will have to determine whether or not the child
is likely to harm him/herself or others due to
mental illness. The child has the right to
counsel in such proceeding and should request
that one be assigned if an attorney has not been
appointed. For further information, the Mental
Health Information Service in your region should
be contacted.
Q. IV.6 What
rights do parents have when their child is living
outside their home? What are the legal risks a person
assumes if he/she houses a child who has run away
from home?
A. If a
child is under the age of 18, a parent may call
the police to pick up the child to bring the
child home. Remember, however, that for a period
of up to 30 days any child may stay at a
certified runaway program (which includes
programs that use host homes for residential
services), and the police may not force his/her
return home.
If the
child is under the age of 18 and is living with
someone outside his/her home, and not in a
certified program, the police can pick up the
minor and bring him/her home or to the court.
Q. IV.7 Does a
shelter have to contact a parent/guardian if a child
in the runaway program is over the age of 16?
A. The New
York State Runaway and Homeless Youth Act of 1978
defines a runaway as a person, under the age of
18, who is out of the home without the knowledge
or consent of the parent/guardian. The Act
requires that parents/guardians be notified
within 72 hours (preferably within 24) of a
minor's arrival at the shelter. This requirement
is only waived when there are "compelling
reasons" not to notify the parents.
Notification
only requires that the shelter let the parent
know: that the child is at a certified program,
the emotional and physical condition of the
child, and the circumstances that brought the
child to the program. The program never has to
disclose the child's actual location.
