Texas Runaway Laws: A Quick Overview
The intricacies of Texas runaway laws are essential for parents and teenagers alike to understand. Broadly speaking, "runaway" in a legal context is understood as the act of a child leaving his or her home (or otherwise living away from the parent or legal guardian) without the permission of that person. Most runaway laws offer two procedures for handling a situation with a runaway. The first involves the report to law enforcement of an overnight absence. The second is the eventual filing of the suit to determine the conservatorship (i.e., custody) of that child.
Texas’ runaway laws appear in Chapter 51 of the Texas Family Code. That chapter is entitled "Runaway Children." Texas courts, however, addressed the legal issue of a "runaway" as early as 1965. In Little v. State, a tyro court’s Bowling Green, Kentucky Intermediate appellate court faced the question of whether "twenty-four hours of absence from home" constituted the legal status of a runaway. In answering that question, the court recognized that the term runaway was "calculatedly broad" and that the legal definition had previously been adopted under common law.
As a result, the legal definition of a runaway has always included acts by a minor who is subject to the jurisdiction of a juvenile court for a violation of Chapter 51 of the Texas Family Code. The specific cited statutes include both §51.03 (delinquent conduct) and §51.031 (conduct indicating a need for supervision). A runaway is also defined as one who "without the consent of the minor’s parent or guardian" is absent from the home for a period of time that will endanger the health or welfare of the minor; or one who disobeys the reasonable and lawful commands of his or her parent or guardian.
The above definitions take Texas runaway laws a step farther from the generic definition that merely focuses on the absence of a minor from the home. About a decade after Little , one Texas appellate court, sitting en banc, further articulated the elements of a runaway for jurisdictional purposes to include the following:
By way of illustration, if a child is missing under circumstances that fit one of the above definitions, a parent can immediately report the event to law enforcement authorities. Authorities in turn notify the parents that the matter will be referred to The Texas Department of Family and Protective Services for an assessment of the child. If the child returns to the home prior to that assessment, the parent will be notified about the same.
Returning to the orchestration of runaway laws, the Texas Youth Commission of the Texas Department of Family and Protective Services (known as the "TDA") is statutorily obligated to receive runaway reports through a toll-free number. A parent can then call the Texas Youth Commission (Austin number: 512-424-6688; national number: 800-994-5437), report the child as a runaway, and find out about whether the child has been located. Further, the Department can then contact the Guardian ad Litem Attorney to intervene and request Immediate Possession of the child (i.e., Petition in Suit Affecting the Parent-Child Relationship). Alternatively, a parent or legal guardian can file a lawsuit and seek a court order granting Immediate Possession of the child.
What this means is that runaway laws are the foundation for other legal issues pertaining to the conservatorship of a child.
Legal Implications for a Teen Who Runs Away
In some cases, the teen may face consequences if he or she is apprehended under circumstances that can be deemed criminal. For example, if the juvenile is apprehended while committing a criminal act, such as theft or vandalism, he or she will likely be charged with that underlying offense. Separately, however, if the runaway status comes to light during the commission of a crime, the juvenile could also face legal problems and charges related to being a runaway before a judge. This is true even if the family has not sought the return of the youth.
In Texas, a parent may ask local law enforcement to pick up and return the child to him or her. Notably, parents maintain physical and legal custody of their children until they are 18. Refusing to do so may result in a legal penalty in some jurisdictions. When a child runs away from control, as defined by statute, parents can file a petition with the juvenile court system, and a police officer may take the child into custody, provided he or she is not in an unsafe or dangerous situation. No specific Order to Apprehend must be issued for police to be involved. Rather, law enforcement officers have discretion related to booking the minor into detention, releasing the minor to the custody of the parents after a few hours, or transferring them to juvenile detention after a hearing.
This can be a good option for parents who would prefer to have their child returned to them, rather than pursuing the removal of parental rights and other extremely difficult, often painful legal proceedings such as termination and civil child abduction actions. Legal custody of a runaway youth typically remains with the parent, though the CPS may have the right to assume temporary care. In some instances, where there is serious risk of harm to the child or others in the home, the Department of Family Services may seek to have the child placed into foster care rather than returned to their family.
Parental Rights and Responsibilities
Parents retain a great deal of rights when it comes to handling runaways and run away situations. The Texas Family Code sets forth rules and regulations regarding a child’s right to leave home, which is where much of the information outlined below can be found.
First things first, if a parent arrives home from work and their child is gone without their knowledge or consent, a police officer should be contacted. According to the Texas Juvenile Justice Department, "Law Enforcement Agency personnel are required by Texas law to take a runaway juvenile into custody and transport him/her to a juvenile processing office." The local school district will have a short list of juvenile processing offices where Police would take your child. Dallas County, for example, has six processing offices throughout Dallas. However, your local district may very well have a list that includes Dallas County locations as well as other processing offices in your local area. In Portland, for example, the juvenile processing office is the Donald E. Long Juvenile Detention Center, which houses juvenile offenders and runaways.
Parents should expect to be treated with respect and dignity when speaking with police officers about their runaway child. Law enforcement understands that run away situations can be stressful and frightening for parents. As stated by the Texas Juvenile Justice Department, "[Law enforcement officers] should validate the parent’s feelings, reassure them that their child will be taken to a place of safety, and discuss how they will be informed about what happens next."
When dealing with a runaway situation it is important for parents to remember that they still have options when it comes to their child. Even if it is possible for a child to leave without their parent’s knowledge or permission, it does not mean that they are free from parental control. As outlined by the Texas Juvenile Justice Department, "[p]arents are required by law to financially support their children, exercise control over and are legally responsible for their care, custody and welfare."
Laws related to run away situations will vary, depending on the State of residence. In Texas, parents are required to support their child until they turn 18. Though run aways often won’t be covered by their parent’s health insurance, once a child has turned 18, they are no longer covered by their parents plan. Additionally, they won’t be able to legally drive.
This fact is not to say that parents will have control over every aspect of their child’s life after the age of 18. If parents no longer appear to have control over their child, it is worth considering filing for parental management issues. Should the court decide that there is a need for parental management issue, the parents will be given assistance in what they can do to regain and/or retain control over their child. Parents would, essentially, be given a roadmap for success in dealing with their child if a parental management needs order were granted.
Parents should rest assured, however, that both parents and the law enforcement agencies that may be involved in a run away situation, should be respectful and sympathetic to the situation—understanding that this may be some of the most viciously emotional times in a parent’s life.
Intervention Plan Options and Resources
While the thought of a child running away can be alarming, understanding the resources available to you and your child can help put those fears to rest. The Texas Juvenile Justice Department (TJJD) provides a toll-free "Runaway Hotline" that works in connection with local crisis centers and the national Runaway Hotline for the benefit of parents of runaways, teens who are contemplating leaving home, and youth who are already away from home. Call 1-888-575-7365 for 24-hour assistance. The TJJD can provide information on local resources for runaways, including short-term shelters, counseling services for youth and their families, and help with family reunification. If local assistance is unavailable, the TJJD may also be able to connect you with HelpLine International. This nonprofit organization provides immediate assistance when youth leave home, go missing, are kidnapped, or are taken from a parent or guardian without permission. HelpLine International will work to reunite the family by providing resources for children to get safely back home, and also may be able to provide travel arrangements if the youth is outside Texas.
If your runaway teenager is picked up by law enforcement and is reported as a "Missing Person," the officer will likely contact the department or agency that took the missing person report. When that occurs, the officer may either turn the teen over to the custody of local parents or other responsible adults or take them to the local juvenile detention center ("JDC"). The JDC will then assess the situation and decide whether to keep the youth in detention or place them in a privately-operated program. Usually, the youth will be placed in a privately operated residential program. However, the Texas Department of Family and Protective Services’ Child Protective Services ("CPS") may provide foster care parents for JDC youth , giving the youth additional options for placement. At that point, CPS will investigate the circumstances of the runaway in order to determine whether the family and any possible out-of-home placements are suitable for the return of the youth. After the investigation is complete, CPS determines whether the runaway youth is eligible for reunion with their family. If CPS feels that family reunification is in the best interest of the youth, they then seek to reunite the youth with family and put supportive and protective services in place to ensure the child’s welfare in the future.
For those teens who would benefit from a different form of support, CPS provides several alternatives. Children who are adopted or placed in permanent managing conservatorship are eligible for Medicaid, which covers the costs of medical care, prescription medications, and complex therapies for certain physical and mental health conditions. The federal government reimburses up to 100% of Medicaid costs for these children. Additionally, children in CPS conservatorship receive a monthly financial payment, called a "personal maintenance payment," equivalent to the amount for children on AFDC (Aid to Families with Dependent Children, a form of public assistance for low-income families) until they reach 18 years of age. These payments help defray the costs of normal, everyday expenses and are available to caregivers of adopted children as well. The state also pays a monthly board rate to cover all the costs of a foster or institutional placement, including room and board, clothing, school supplies, and other necessities. The rates range from $24.71 per day for Level A1 (minimal supervision needed) to $185.93 per day for Level C4 (child with high medical needs).
Law Options for Teens
Emancipation is one of the few legal rebellion alternatives available to teens. An emancipated minor is essentially a child who no longer lives with their parents and has made decisions for themselves for a period of time sufficient to give them a reasonable amount of responsibility and knowledge to make informed decisions about their life. However, juveniles cannot emancipate themselves; a petition must be presented to the court on their behalf. This option is most immediately available for a child who believes living with their parents is unsafe. They can directly seek to be emancipated through the court and will probably be interviewed by a judge about their situation. The judge does not want to trap a child in an abusive home, but he also doesn’t want to have parents who are trying to parent punished for what they see as protecting their child. Thus, the judge will probably move the hearing up to the end of the next business day—or sooner—and order a temporary placement outside the home. Being emancipated does not free a minor from the requirement to attend school. They are still responsible for attending a full course of study until they reach the age of 18.
Some states do allow a minor who believes his or her home to be unsafe to petition and secure "emergency" or "temporary" emancipations. However, since a juvenile cannot judge for themselves whether their home may be dangerous, this avenue of appeal is not open to them in Texas.
For parents, seeking counseling for their child may be a devastating option. It presents the possibility of the ultimate loss of parental rights. However, it may be the best option depending on the circumstances. Divorce can be expensive, and childcare generated during a contentious custody or divorce proceeding can be used to discourage or even punish a child for the actions of the parents. Further, the child will be sent into the world with the same skills and habits—parental or otherwise—that he or she was going to develop in their current situation. Counseling may be an option that will allow a parent to retain their rights while giving the child the support that they need.
How It Stacks Up Against The Rest of The Country
Beyond Texas, the comparison becomes challenging. States like California and New York also have laws about runaways that differ from Texas but are relatively similar in terms of enforcement and legal processes.
Nationally, states vary on the legal age of majority (though Texas is one of the lowest at 18 – with North Carolina and South Carolina having a higher age of 21). Some states require parental notification before a minor can be declared a runaway, while others do not. Several states, including Oregon and Massachusetts, allow minors to petition the court to become legally emancipated from their parents at a young age without parental consent. State laws also vary on how quickly the police are required to respond to runaway complaints , as well as the resources and protections that must be made available to runaways who are found. In general, however, the legal response to a runaway minor is statistically low on the priority list of law enforcement nationwide.
For less severe situations and unusual circumstances, the comparative differences may not be critical. Other, more serious, circumstances, like a missing child – regardless of age – or circumstances that may indicate abuse, neglect, or emocional harm, may require more immediate assistance. The impact of a state by state analysis of these issues becomes significant in those cases where parents are not "on the same page."
The interplay between Texas and other States mandates a comparative analysis and evaluation of the best choice of strategy and option for the individual family situation.
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