Definition of Runaway in Texas
A runaway is a child under the age of 18 years who absents him or herself from their parental control without the permission of the parent or guardian. In Texas, a child who is at least 17 years old is no longer considered a runaway because he/she is in the legal age category of an adult.
The Texas Family Code provides:
ยง 52.01 DUTIES OF PEACE OFFICERS
(A) A peace officer who is awarded competent evidence that a person is a runaway child shall take possession of the child as a runaway child and (1) deliver the child to any of the following: (B)A peace officer who takes possession of a runaway child under this section shall promptly give written notice of the taking of the child into custody, including any identifying Information concerning the child, to a parent or person responsible for the child’s care at the time the child is taken into custody . Texas law differentiates between a juvenile runaway (under the age of 17) and a "child" under the age of 18. Any child under the age of 18 who is absent from the parent or guardian’s home is categorized as a "runaway" and may be returned home. However, when the child is already considered an "adult" in the eyes of the law, there is no legal definition of "runaway." Thus, a child who is 17-years-old may leave home without the permission of a parent or guardian and not be categorized as a "runaway."
Rights for a 17-Year-Old Runaway
A 17-year-old has limited legal rights under Texas law. Generally, if a child is 17 years old at the time of a runaway case, the police will not take any action. For example, if the parent reports the child missing to the police, and the police call the child on their cell phone and the child informs the police that they are fine, the police will likely not do anything further.
Misdemeanor Offenses
However, if the 17-year-old is reported as a runaway after they commit a misdemeanor, then a few options exist for law enforcement. For example, if a 17-year-old is reported as a runaway after committing a criminal trespass offense (like trespassing in a house or on to an empty field), the police may file a criminal charge against them. If the case involves only a misdemeanor offense, the office in which the child lives may not prosecute the case, but instead may refer it to a juvenile court.
Felony Offenses
If the 17-year-old is reported as a runaway after committing a felony, the police may file a criminal charge against them. In some areas, the police department may decide to refer the matter to a juvenile court, but most often the police department will retain the case and either issue a class A misdemeanor criminal citation or issue a warrant.
Deferred Prosecution Program for Runaway Offenders
If a runaway is charged with a misdemeanor criminal offense, the runaway will be referred to the juvenile court so that they may be afforded the "Deferred Prosecution" opportunity. This is a one-year probationary program offered by the county court system, and it is run by Misdemeanor Community Supervision and Corrections Department (MCSCD). The program provides the minor with a chance to avoid a conviction for their criminal offense by completing counseling, community service, a project for school, and regularly reporting to the probation department for approximately one year. In this instance, neither the family nor the juvenile offender would need a lawyer, and would simply report to MCSCD for intake.
Contrary to popular belief, the Deferred Prosecution is voluntary. This means that the police may offer the minor a chance to enter the program at any time, but being offered the program is not mandatory. If the minor refuses the Deferred Prosecution opportunity, the police may still send the case to the regular misdemeanor court division for trial. This happens in most cases where the minor is over sixteen years of age at the time of their placement in juvenile court.
Legal Consequences for Runaways and Guardians
Like most legal statutes, Texas runaway laws have teeth. The term "runaway" itself is more than just a common vernacular used to refer to minors who leave home without permission. It is, in fact, a legal term defined under Texas Family Code Section 52.04. One definition of the term runaway in that statute is as follows: (4) "Runaway child" means a child who is voluntarily absent from the child’s home or other properly authorized residential home without the consent of the child’s parent or guardian, or otherwise absent from school without the consent of the child’s parent or guardian and without justification. So there it is: A 17-year-old who leaves home as a result of being verbally expelled from the home will still be deemed a runaway child in violation of the law. Unless law enforcement officers make the decision to classify that child as an "absentee", an appropriate term under the statute, the 17-year-old will be treated as a runaway. Law enforcement officers don’t receive any specific ‘runaway’ credentials beyond the relevant Texas Family Code and slight variations in written policies (due to city ordinances) to address runaways. Law enforcement agencies, however, do have a formal course of action when dealing with runaways, either in a proactive way – by searching for the runaway and locating them prior to a parental request/abduction allegation – or reacting to the law violation (seeking a court order to return the runaway to the parent). In regards to the searching mechanism, runaways are typically brought to a safe location (the local police station is the most common) where parents retrieve their child, either immediately or a couple of hours later when the parents or guardians arrive at the police station. In this process, no fines, penalties, or legal charges are incurred by the minor or the parent, other than the minor being placed in custody and then released back to the parent or guardian (and the temporary inconvenience that entails). The latter involving the court order is generally initiated by the runaway’s parent or guardian requesting a law enforcement agency to seek an emergency order from the county or district court requiring the minor to return home. This typically occurs after the minor has been missing for 24+ hours, or even longer. These emergency orders have the potential to incur a variety of penalties and fines due to the contempt of court proceedings that take place. For this reason, many parents don’t pursue the emergency order when they speak to law enforcement agencies about runaways. Even so, the law enforcement agency will still document the return of the minor home and certain paperwork will be filled out that could result in less than severe charges held against the minor. Unlike the penalties of the emergency order, which will require a civil attorney to file the motion to quash the order and pursue the dismissal as the runaway’s family attorney, these documentation charges may only require a trip or two to a courthouse and a few hours of the parent’s time.
Responsibilities of Parents and Legal Options
As tough as it may be to think about, when your 17-year-old decides to run away from home in Texas, you are left with the responsibility to bring them back. Parents or guardians do have some limited legal options which could be exercised to attempt to bring the runaway back home. The first step may be to contact a local juvenile probation department, who may offer to assist with the situation. The Texas Family Code sets out three different methods for parents to use in this situation. One option is a "parental notification order," which allows law enforcement agencies to take physical possession of and return a child to their parent or guardian. The parent or guardian must file a sworn application in writing with the juvenile court, accompanied by an affidavit from the requesting parent that shows there is an immediate need to locate and return the alleged missing child. The order can be served even in the presence of the child’s parent or guardian, and the police may use "reasonable force" if necessary. After receiving notice, the parent or guardian must return the child within two days, or be subject to contempt and fines. The second option is a "magistrate’s order for emergency protection." In this case, the parent or guardian must file a sworn application with the juvenile court, showing the conduct of the child places them in a situation of endangerment . The court can then issue an emergency order for a period of up to 14 days. The third option is to file a petition seeking an order authorizing the taking of a child to place them under supervision, place them in a suitable licensed agency, or return them to the parent or guardian. The court will hold a hearing within 10 days from the date the application is filed, and the order may only extend for a period of up to 45 days. While the law offers limited options for bringing your 17-year-old runaway home, it does so based on the idea that they are still a part of the household. The police may not be willing to take action unless the child is physically located with the parent, even if the child refuses to return. If the child is located at school and the school has received an affidavit that they have run away from home, the school may be able to send police to pick up the child and return them to the parent; but this may only be done for 24 hours before the parent must file a petition with the court. Depending on the severity of the situation and the relationship with the runaway child, the parent or guardian may think about filing a custodial interference suit, or working to terminate their parental rights entirely. This may be a difficult choice for the parent to face, and it is a wise idea to consult an attorney before going through with a legal action of this magnitude.
Resources for Runaway Support and Assistance
Support Resources for Runaways and Families of 17-year Olds in Texas
There are additional resources available in Texas for families of runaways and for runaways themselves. Any individual who is experiencing a family conflict should consult with a knowledgeable attorney to review their options.
Runaway Hotlines
The Bureau of Justice Statistics reports that one in five boys and one in eight girls will run away from home by age 18. Some 1.7 million youth run away from home every year, according to the National Runaway Switchboard (NRS). The NRS provides a national communication system for all runaways. It also does further research on the causes of running away and works with youth on these causes. NRS is an information and referral service for the whole family. It has a website with accessible information on problems that teens face such as dating violence, eating disorders, bullying, conflict resolution, school, and substance abuse. The Internet is also a good source for information on teen rescue centers. The Texas Youth & Runaway Hotline is available to teens 24 hours a day at www.TeenandRunaway.org or 1-888-580-HELP (4357). Youth can also access the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or the telephone number and text support services provided by the National Human Trafficking Resource Center at 1-888-373-7888 or 233733.
Counseling Options
In some cases, families may benefit from family therapy to help a runaway cope with the demands of sharing a home with their parents. Therapy may be focused on the conflict, and probable ongoing tension, between a parent and child. It may also focus on issues such as: School counseling may also be available to provide a runaway with support as he or she handles the stress of a home environment, school life, and personal issues. Of course, a runaway living with a friend, boyfriend, or girlfriend may have the greatest hope of ending a cycle of instability by finding counseling services through these relationships.
Legal Aid
Local bar associations may provide resources for the legal help that a minor needs. A local attorney may offer a free consultation to discuss a matter such as a petition for emancipation. Legal aid societies may also provide services. Some of these may be provided free, depending on the organization, while others may provide services at a low fee. Some law schools also have legal aid services run by students under the supervision of attorneys.
Strategies for Prevention and Alternatives
While families may reach the point where addressing behavior through the juvenile court system becomes their only option, counselors and therapists know that almost always effective strategies can be put in place prior to taking such action. Any professional dealing with troubled families will talk about the value of maintaining open lines of communication between parents and children. The family unit needs to continue functioning on every level while addressing the root cause of a troubled teen’s behavior. Things that families can do to improve the chances of avoiding the troubled teen path for their kids include the following:
The problem that all teens present is that they can be good at hiding their feelings . Parents and other family members have to look beyond the mere outward appearance of a teen to figure out what might be troubling them. One resource, Parents Can Stop Underage Drinking, believes that everyone involved in the life of a middle school or high school student has a role to play in preventing alcohol and drug abuse. In a fully participatory society like a school, the following are some examples of how being involved can stop teen substance abuse:
Through frank discussions with their children and active participation in their day-to-day lives, families can recognize a troubled teen long before they run away and begin down a destructive road.