Quick question

[MSTarot]

I'm working on a story where the main character is still in high school at the start of the stroy. He lost his parents when he was ten (their loss caused him to get held back a year) and was raised by his grandmother.

She just passed at the middle of his Junior year. Leaving him everything. He also has what his parents left so he is rather well off. Not rich but he can make the bills without working and has money put aside for college.

He got something that made him his own guardian till he was 18 (It was only a mater of a few months anyway). I know there is a legal status a judge can give or some form that you can get... But I don't know the name of it is and can't find it.

Also what is the legal status of a 19 year old in high school? Is it any different than someone 18 who is still living out of their parents home? Or an 18 year old who has moved out and now lives on his own.

(Almost unheard of these days I know.)

I mean if you get into trouble at school and they send a letter to your home and it's "Your" home, you are your own adult keeper at that time what is the... oh... I can't figure out how to phrase this. You're not going to ground yourself to your own room after all.

You get the idea (I hope)

MST

 

[Zeb_Carter]

What is called it right on the tip of my tongue...I got nothing, sorry.


The court might appoint a guardian ad litem, a lawyer or other person to be there to look out for the rights of the child/adult that might be left alone by circumstances.

The court could also make the child a ward of the state until such time as he finishes high school. They might put him in a foster home or assign him a guardian to live with him.

At 18 in most states the now adult has options he/she can exercise or not. The state will look after that person until they finish school. ie. college.

 

[patientlee]

Emancipated minor?

 

[soflabbwlvr]

I'm working on a story where the main character is still in high school at the start of the stroy. He lost his parents when he was ten (their loss caused him to get held back a year) and was raised by his grandmother.

She just passed at the middle of his Junior year. Leaving him everything. He also has what his parents left so he is rather well off. Not rich but he can make the bills without working and has money put aside for college.

He got something that made him his own guardian till he was 18 (It was only a mater of a few months anyway). I know there is a legal status a judge can give or some form that you can get... But I don't know the name of it is and can't find it.

Also what is the legal status of a 19 year old in high school? Is it any different than someone 18 who is still living out of their parents home? Or an 18 year old who has moved out and now lives on his own.

(Almost unheard of these days I know.)

I mean if you get into trouble at school and they send a letter to your home and it's "Your" home, you are your own adult keeper at that time what is the... oh... I can't figure out how to phrase this. You're not going to ground yourself to your own room after all.

You get the idea (I hope)

MST

The word you are looking for is "emancipated."

A 19 year old attending high school is an adult. So is an 18 year old. No parental intervention necessary.

 

[Zeb_Carter]

Emancipated minor?

That! Although they will still need a guardian assigned.

 

[MSTarot]

Emancipated minor?

I think... that's it.

I vaguely remember hearing a guy I work with talk about having to get himself legally cleared as an adult at 17. He had been in a lot of trouble with the law and spent a lot of time in juvie hall.

His Mom didn't want him to move back in so he had to get his statue as an adult.

 

[MSTarot]

That! Although they will still need a guardian assigned.

I might be able to put that in the story. Would it be a court appointed live in ( he wouldn't want to leave his home with all his things after all) or would he be required to stay with them?

Or would it be almost like a probation's officer. He just has to report in often?

 

[MSTarot]

http://en.wikipedia.org/wiki/Emancipation_of_minors


Says it varies from state to state which means I've got some story play so long as I don't say what state he is in. I don't do that often anyway.

That way my characters can be in almost any. Readers fit their own location memories to the scene.

thanks

 

[Zeb_Carter]

I might be able to put that in the story. Would it be a court appointed live in ( he wouldn't want to leave his home with all his things after all) or would he be required to stay with them?

Or would it be almost like a probation's officer. He just has to report in often?

That depends on the court. They might have someone who would move in with him until he reaches his majority or he may have to lock up the house and move in with a foster family. Once he turns 18 he can make decisions for himself and he can decide to remain a ward of the state or be independent.

I know of a child/adult, he is currently 17 will 18 in October, who is a ward of the state and in a foster home. The state will look after him, keeping him in a foster home and pay for him to go to college. Then he will be on his own.

 

[JAMESBJOHNSON]

I cant find any recent info for Florida's Project Independence. When I retired in 2006 I hadn't heard anything about it since 2000 or so.

As of 2006 Florida didn't emancipate minors unless they were married. That is, marriage emancipated them. For the rest Project Independence provided foster kids with funds for room, board, and tuition until they graduated college/trade school or they abandoned the program. It wasn't a success.

 

[GPLockwood]

http://www.palawhelp.org/resource/emancipation-of-minors?ref=BpZ3a

In some states, a child that is orphaned at above the age of 16 is automatically eligible for emancipation, but in most it will have to go through a court.

 

[robertreams]

its called an emancipated minor. I know they have such status in Oregon, Illinois, and Minnesota. Don't know about the rest of the states. My Question:Why does he/she have to be so young? What doesw it add to the story except that he./she is as young as you can possibly make it legal?

 

[robertreams]

Oregon definitely; My son wanted to emancipate himself in that state. Thought he could do it by being in lots of trouble, WRONG! But a friend of his where he usd to go to get high, etc was an emancipated minor

 

[Acktion]

He got something that made him his own guardian till he was 18 (It was only a mater of a few months anyway). I know there is a legal status a judge can give or some form that you can get... But I don't know the name of it is and can't find it.

Also what is the legal status of a 19 year old in high school? Is it any different than someone 18 who is still living out of their parents home? Or an 18 year old who has moved out and now lives on his own.

"Emancipated Minor" is a legal term to "divorce" a legal child from guardianship and grant them adult status AND to absolve any parent or legal guardian from responsibility for the child.

A relatively little known fact is that for most states in the United States the "age of majority" as a legal concept is either eighteen and graduated from high school or twenty. Therefore, depending on the state, assuming this story was written to take place in the U.S., a nineteen year old still in high school may not be an adult as yet, technically speaking. And any missives from the school must be addressed to the parent/guardian of the 19yoa "child".

Note: This does not actually impact the addressing of the commission of illegal activities on the part of the "child" in practice, but only insofar as the relationship between the "child" and the school.

Another little known fun fact is that the Superintendent of the school is often considered to have limited magisterial powers in this specific circumstance, pending final resolution by a bench sitting judge. The limited effect is tantamount to declaring themselves guardian only in as far as information processing between the school and the adult student. (i.e. grade reports, permission slips, etc.)

However, in this day and age of very real fear of legalities and law suits, a school would have myriad ways to dissolve their own relationship with a problematic chronological adult still attending. From subtly encouraging them to challenge the G.E.D., to transferring them to an A.E.P. in the event of rule infractions.

Not sure if I read more into your OP than you'd intended, but there's my experiences.

 

[MSTarot]

My Question:Why does he/she have to be so young? What doesw it add to the story except that he./she is as young as you can possibly make it legal?

It's back story for the most part. The story starts with him 19. It will most likely end with him in his mid 40s.

The way things stand at the moment he was required to have a live-in guardian till he was 18,( four months) then was put nominally under his own care but with the school and his guardian still watching him.

The story starts with him nearly getting into a fight. The school call his guardian who comes by and explains things to him. That he is not as free an adult as he thinks he is and tha the school can petition the court to have him placed back in the custody of his guardian as a ward.

All this is to set up that he rejects societies right to make laws for him. He believes that laws do not apply to him because he rejects everything modern society stands for.

He loves the Bohemian movement of the last century and thinks of himself as a Libertine.

Novella length story.

 

[MSTarot]

"Emancipated Minor" is a legal term to "divorce" a legal child from guardianship and grant them adult status AND to absolve any parent or legal guardian from responsibility for the child.

A relatively little known fact is that for most states in the United States the "age of majority" as a legal concept is either eighteen and graduated from high school or twenty. Therefore, depending on the state, assuming this story was written to take place in the U.S., a nineteen year old still in high school may not be an adult as yet, technically speaking. And any missives from the school must be addressed to the parent/guardian of the 19yoa "child".

Note: This does not actually impact the addressing of the commission of illegal activities on the part of the "child" in practice, but only insofar as the relationship between the "child" and the school.

Another little known fun fact is that the Superintendent of the school is often considered to have limited magisterial powers in this specific circumstance, pending final resolution by a bench sitting judge. The limited effect is tantamount to declaring themselves guardian only in as far as information processing between the school and the adult student. (i.e. grade reports, permission slips, etc.)

However, in this day and age of very real fear of legalities and law suits, a school would have myriad ways to dissolve their own relationship with a problematic chronological adult still attending. From subtly encouraging them to challenge the G.E.D., to transferring them to an A.E.P. in the event of rule infractions.

Not sure if I read more into your OP than you'd intended, but there's my experiences.

Nope. that was pretty much it exactly.

 

[Acktion]

It's back story for the most part. The story starts with him 19. It will most likely end with him in his mid 40s.

The way things stand at the moment he was required to have a live-in guardian till he was 18,( four months) then was put nominally under his own care but with the school and his guardian still watching him.

The story starts with him nearly getting into a fight. The school call his guardian who comes by and explains things to him. That he is not as free an adult as he thinks he is and tha the school can petition the court to have him placed back in the custody of his guardian as a ward.

All this is to set up that he rejects societies right to make laws for him. He believes that laws do not apply to him because he rejects everything modern society stands for.

He loves the Bohemian movement of the last century and thinks of himself as a Libertine.

Novella length story.

Doh! If he's in his mid-forties now, then he would have been coming of age in the late eighties.

All right, keeping in mind that this is just my opinion without researching (as I was bored out of my mind by it back then), I'd like to offer a couple of points.

The late eighties was veritable cornucopia of legislative amendments to juvie law in most states. Hardly a session passed that we in the trenches didn't then have to have forty hours of training on the new variables that were addressed. :zzz:

1) If guardianship of the child was awarded to someone, then the phrasing would have included a statement about age and/or matriculation. Odds are that if guardianship was awarded and then either the guardian or the ward moved out, that would be a violation of a court order by both parties.

2) Probation Officers could not be legally involved unless the child was adjudicated for a Class B misdemeanor or above. CINS offenses (or Child In Need of Supervision) are classed on par with Class C. (Note; Mutual Combat (or "a fight") is also classified as a Class C offense.) Class C offenses are only punishable by fine. No "jail time" or probation. However, multiple Class C offenses or CINS offenses can be determined by a court to be a Class B. (Just how much trouble did he cause?)

(Simple rule of thumb, if an adult can't be accused of it, it's a CINS offense. Truancy or Curfew Violation for example.)

Social workers, now, that would be a slightly different story. But, most often if that were the case, it would have meant housing them in a facility until age and/or matriculation.

HOWEVER, violation of a lawful court order IS a Class B. (See Point 1)

3) The school would just shift him to suspension (whether in-school or at home) rather than getting involved in returning him to wardship. (As I recall Alternative Education Programs didn't really come into play until the early to mid-nineties.) (My original supposition was based on the idea that the Superintendent wanted to help him finish his last four months of school and there was no legal guardian of record after the demise of the grandmother.)

As I indicated, these are "as I recall" observations from the eighties when the protagonist would have been facing them. Also, states would vary widely in their specifics. Countries even more so. Only you can determine just how exact you want to be, but thought I'd toss that out since you indicated that the protagonist was pretty much in a state of rebellion about laws and specifically how they affected him.

 

[JAMESBJOHNSON]

Doh! If he's in his mid-forties now, then he would have been coming of age in the late eighties.

All right, keeping in mind that this is just my opinion without researching (as I was bored out of my mind by it back then), I'd like to offer a couple of points.

The late eighties was veritable cornucopia of legislative amendments to juvie law in most states. Hardly a session passed that we in the trenches didn't then have to have forty hours of training on the new variables that were addressed. :zzz:

1) If guardianship of the child was awarded to someone, then the phrasing would have included a statement about age and/or matriculation. Odds are that if guardianship was awarded and then either the guardian or the ward moved out, that would be a violation of a court order by both parties.

2) Probation Officers could not be legally involved unless the child was adjudicated for a Class B misdemeanor or above. CINS offenses (or Child In Need of Supervision) are classed on par with Class C. (Note; Mutual Combat (or "a fight") is also classified as a Class C offense.) Class C offenses are only punishable by fine. No "jail time" or probation. However, multiple Class C offenses or CINS offenses can be determined by a court to be a Class B. (Just how much trouble did he cause?)

(Simple rule of thumb, if an adult can't be accused of it, it's a CINS offense. Truancy or Curfew Violation for example.)

Social workers, now, that would be a slightly different story. But, most often if that were the case, it would have meant housing them in a facility until age and/or matriculation.

HOWEVER, violation of a lawful court order IS a Class B. (See Point 1)

3) The school would just shift him to suspension (whether in-school or at home) rather than getting involved in returning him to wardship. (As I recall Alternative Education Programs didn't really come into play until the early to mid-nineties.) (My original supposition was based on the idea that the Superintendent wanted to help him finish his last four months of school and there was no legal guardian of record after the demise of the grandmother.)

As I indicated, these are "as I recall" observations from the eighties when the protagonist would have been facing them. Also, states would vary widely in their specifics. Countries even more so. Only you can determine just how exact you want to be, but thought I'd toss that out since you indicated that the protagonist was pretty much in a state of rebellion about laws and specifically how they affected him.

Yep. Back about 1988 things went to hell for juvies. Before 1988 our Department of Health and Rehabilitative Services herded kids around; in 1988 schools, mental health, police, and child protection each had a piece of the action: a cluster fuck.

 

[MSTarot]

Doh! If he's in his mid-forties now, then he would have been coming of age in the late eighties.

No,no,no... he is 19 now. He will be in his mid forties in about say 2039. I have about 25+ years of future to predict for him to live through. (Not going to make any major changes because I don't see them coming really any time soon)

I don't want to talk away the story (Which is a risk. I think you can only really describe a story once and that needs to be when your writing it) but he is fed up with society and it's rules and wanting to chase music, art, and sex sells everything he has, puts the money in the bank then heads west.

He is a kind of modern hippie in a much more old 1800s fashion way. He ends up on the streets of first Vegas then later Hollywood. He all but worships at the feet of street musicians and sells himself for money he doesn't really need.

In the end I see him building a almost Charles Manson cult like following around himself (without the killings), of artist, free thinkers, movie star want-to-bes,and stoners. They live where they can and all but take over night clubs every night.

I'm working towards a resurgence of the Bohemian age that rose in France in the late 1800s mixed with the 1960s hippy generation (as it was then not as it is now) all set in a somewhat growingly over restrictive future.

Then he comes full circle and meets the girl he took on a date at the very beginning of the story. She shows him just how much he has changed from what he once was.

This whole story is purely me playing with words.

 

[Acktion]

I have about 25+ years of future to predict for him to live through. (Not going to make any major changes because I don't see them coming really any time soon)

Well, we didn't have cell phones in the eighties. Or the internet. And only the most well to do and technophiles had a computer at all in the home. Just sayin'.

Have fun!

 

[soflabbwlvr]

That depends on the court. They might have someone who would move in with him until he reaches his majority or he may have to lock up the house and move in with a foster family. Once he turns 18 he can make decisions for himself and he can decide to remain a ward of the state or be independent.

I know of a child/adult, he is currently 17 will 18 in October, who is a ward of the state and in a foster home. The state will look after him, keeping him in a foster home and pay for him to go to college. Then he will be on his own.

You are confusing three different concepts. A guardian is appointed in a proceeding to determine who will be responsible for someone who is legally incompetent, whether by age, or mental disability. In that case, the guardian is legally responsible for the ward's welfare until a court determines that the disability is removed.

Foster care occurs when the minor is a ward of the state. In other words, there is no guardian, and the parents are either dead, absent, or their rights have been terminated by court order, usually in a dependency proceeding.

Emancipation occurs when a minor convinces a court that he is self-supporting and it is in his best interests to be independent of his parents.

"Emancipated Minor" is a legal term to "divorce" a legal child from guardianship and grant them adult status AND to absolve any parent or legal guardian from responsibility for the child.

A relatively little known fact is that for most states in the United States the "age of majority" as a legal concept is either eighteen and graduated from high school or twenty.

The highlighted part is just wrong. The age of majority in the US is 18 everywhere except Alabama and Nebraska (19), and Mississippi and Puerto Rico (21). It is not linked to graduation from high school. Otherwise, a dropout could not be an adult until 21. I realize this came from the Wiki, but it is apparently confusing concepts relating to the termination of child support, which should not have been included in the article.

An emancipated minor is an adult for all practical purposes. He is not required to live with anyone. A ward, however, is like the child of his guardian. If your story requires the minor to live with someone, then he is not emancipated.

 

[JAMESBJOHNSON]

You are confusing three different concepts. A guardian is appointed in a proceeding to determine who will be responsible for someone who is legally incompetent, whether by age, or mental disability. In that case, the guardian is legally responsible for the ward's welfare until a court determines that the disability is removed.

Foster care occurs when the minor is a ward of the state. In other words, there is no guardian, and the parents are either dead, absent, or their rights have been terminated by court order, usually in a dependency proceeding.

Emancipation occurs when a minor convinces a court that he is self-supporting and it is in his best interests to be independent of his parents.



The highlighted part is just wrong. The age of majority in the US is 18 everywhere except Alabama and Nebraska (19), and Mississippi and Puerto Rico (21). It is not linked to graduation from high school. Otherwise, a dropout could not be an adult until 21. I realize this came from the Wiki, but it is apparently confusing concepts relating to the termination of child support, which should not have been included in the article.

An emancipated minor is an adult for all practical purposes. He is not required to live with anyone. A ward, however, is like the child of his guardian. If your story requires the minor to live with someone, then he is not emancipated.

In Florida the kids caseworker is the guardian.

 

[soflabbwlvr]

In Florida the kids caseworker is the guardian.

You are making a broad statement that only applies to a limited class of guardianship situations. There are many more classes where there is no case worker.

 

[Zeb_Carter]

You are confusing three different concepts. A guardian is appointed in a proceeding to determine who will be responsible for someone who is legally incompetent, whether by age, or mental disability. In that case, the guardian is legally responsible for the ward's welfare until a court determines that the disability is removed.

Foster care occurs when the minor is a ward of the state. In other words, there is no guardian, and the parents are either dead, absent, or their rights have been terminated by court order, usually in a dependency proceeding.

Emancipation occurs when a minor convinces a court that he is self-supporting and it is in his best interests to be independent of his parents.

Ah, not necessarily. If the child applies to be emancipated and the court turns him down, but finds that where he is residing is not the proper place for either, he/she will become wards of the state and placed in foster care until he/she is 18 or completes college.

My grandson is going through this...(the court won't let him come live with us in Texas as they would then have to transfer jurisdiction, blah, blah, blah, lawyer shit here, then there). He was living with his mother's grandparent after the court removed him from her home.

He wanted to live on his own, but wasn't able to provide proof he could support himself. The maternal grandparents didn't want him living with them any longer. His father is out of the picture, he's also lives out of state.

So the he lives in a foster home and is going to college on the taxpayer dime and will remain a ward of the state until he graduates or drops out.