I'm a concerned children's rights advocate. I would be very grateful if you could answer my questions so that I know my rights and how I can utilize them. Do the rights and priveledges stated in the constitution apply to minors? You said that children under the age of 17 are tried in juvenile courts, implying that children age 17 and older are tried as adults. Does this mean that 17 year olds are seen as adults in the eyes of the court? Are 17 year olds then still legally controlled by the jurisdiction of their parents if the court deems they have the mental capacity to be tried as an ADULT. In order for emancipation, do children have to be able to support themselves financially? If a parent throws a child out of their home, are they required to financially support the child in their new place of residence? Even if their child is not living with them, does the child's guardian have a legal obligation to support the child financially? From my questions you can probably determine parts of my case. My sole custodian is often negligent and abuses drugs. I believe that I am more apt and qualified to make decisions for myself. She has entrusted me with the care of my 3 other siblings since I was 11, which means she obviously feels that I am responsible and mature. I'm not sure emancipation is what I want, because I do care for my parent, I just don't see as qualified for the juridiction of my life. She has threatened to kick me out if I don't obey her rules. I want to know my rights and how I can use them. I don't want to get my siblings taken away or get her prosecuted on drug charges.
Minors are protected under the US Constitution and Michigan Constitution. A minor who is 17 years old is treated as an adult for the purposes of the criminal system in Michigan. However, until a minor reaches the age of 18 they are still under the care and custody of their parent. A minor who is at least 16 may be emancipated which has the effect of having the minor treated as if an adult in most areas. One of the criteria for emancipation is that the minor has demonstrated ability to manage financial affairs including proof of employment or other means of support. You can find out more about emancipation in the Court Library of this homepage. There are some excellent pamphlets posted there on this topic. A parent is responsible for the support of a child until 18. A guardian is not responsible to use his or her separate funds to support a ward. I am sure there are some excellent counselling services for families in your area and I would urge you to contact one. If you feel you or your sibblings are being abused or neglected by your parent, you may also contract the Childrens' Protective Service department of the Family Independence Agency.
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Last Updated 4-21-97
Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov