U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Runaways and California's Juvenile Law: The Emancipation Option

NCJ Number
178660
Journal
Journal of Juvenile Law Volume: 19 Dated: 1998 Pages: 46-83
Author(s)
A. A. Phocas
Date Published
1998
Length
38 pages
Annotation
This article addresses the need to revise the California emancipation statute in order to help runaway juveniles.
Abstract
One way to help runaway youths is to emancipate those who are prepared to build independent lives for themselves. California has an emancipation statute, but it is inadequate because: (1) It denies emancipated children the right of support from their parents and also denies them the right to independently qualify for welfare; and (2) It lacks amnesty for status offenders, conflicts with case-law and allows judicial “rubber-stamping.” The article reviews the law against runaways and options for runaways, which include adoption or placement under guardianship, institutionalization, placement in a foster-home or other long-term dependency care, and emancipation. It specifically addresses the California emancipation law, its problems in policy (including parental rights and duties) and law, and proposals for change. Notes, appendix