Posted on | April 29, 2011 | 2 Comments
In Texas a child can move out at age 17 and the police will not force the child to come home. The age of the child is important because a 17 year-old who voluntarily leaves the home without parental consent and without intending to return may not be taken into custody under the Juvenile Justice Code. An unemancipated seventeen-year-old is not a child within in the Juvenile Justice Code which defines a child as a person 10 years of age or older and under 17. Under the Code of Criminal Procedure if a parent makes a missing child or persons report with a law enforcement agency, the agency is required to investigate the location of the person or child. If it involves a child the agency can take possession of the child and return the child to their parents. A missing child means a child whose whereabouts are unknown to the child’s legal guardian, the circumstances of whose absence indicate that: (A) the child did not voluntarily leave the care and control of the custodian, and the taking of the child was not authorized by law; (B) the child voluntarily left the care and control of his legal custodian without the custodian’s consent and without intent to return; or (C) the child was taken or retained in violation of the terms of a court order for possession of or access to the child. A child including an unemancipated seventeen year old who voluntarily leaves the care and control of his or her legal custodian without the custodian’s consent and without the intent to return is not a missing child under the Criminal Code if the custodian knows where the child is located.
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