NCJ Number
46106
Date Published
1975
Length
418 pages
Annotation
A 'BENCH STUDY' OF MAJOR STATUTES, COURT DECISIONS, AND OPINIONS OF ATTORNEYS GENERAL IN THE 50 STATES, PUERTO RICO, GUAM, THE VIRGIN ISLANDS, AND THE DISTRICT OF COLUMBIA REGARDING THE PROBLEM OF RUNAWAYS IS DESCRIBED.
Abstract
LETTERS, FIELD TRIPS, AND INTERVIEWS WERE CONDUCTED, AS WELL AS LITERATURE SEARCHES AND A REVIEW OF LAWS AND JUDICIAL DECISIONS. THE LEGAL MATERIALS RESEARCHED THOSE AVAILABLE THROUGH MARCH 1975. IT IS POINTED OUT THAT THE SUPREME COURT DECISION OF STANTON V. STANTON, GIVEN APRIL 15, 1975, WILL SIGNIFICANTLY ALTER THE MANY STATE LAWS WHICH DISTINGUISH BETWEEN THE TREATMENT OF MALES AND FEMALES. HOWEVER, EXCEPT FOR THIS CHANGE, THE SITUATION IN 1977 IS MUCH THE SAME AS WHEN THE LEGAL RESEARCH WAS BEGUN IN 1975. TABLES COMPARE THE VARIOUS STATUTES REGARDING: AGE OF MAJORITY, ABILITY TO MAKE CONTRACTS UNDER SPECIAL CIRCUMSTANCES, THE RIGHT TO TAKE A CHILD BELIEVED TO BE A RUNAWAY INTO CUSTODY, STATUTORY RIGHTS OF JUVENILES, JURISDICTION OF COURTS OVER RUNAWAYS, DISPOSITIONAL ALTERNATIVES AVAILABLE FOR RUNAWAYS, AND COMPULSORY SCHOOL ATTENDANCE LAWS. A CHAPTER DISCUSSES SOCIAL SERVICES AND WELFARE SERVICES AVAILABLE TO RUNAWAYS AND THEIR FAMILIES. ONE MAJOR PROBLEM IS THE CHILD'S RIGHT TO CONSENT TO MEDICAL TREATMENT WITHOUT PARENTAL CONSENT. TABLES COMPARE STATUTES REGARDING THE LEGAL CAPACITY OF A MINOR TO CONSENT TO MEDICAL CARE IN GENERAL, TO CONSENT IN CASE OF EMERGENCY, TO CONSENT TO TREATMENT FOR PREGNANCY BY SPECIFIC STATUTORY PROVISION, AND TO SEEK TREATMENT FOR VENEREAL DISEASE OR ASK FOR CONTRACEPTIVE SERVICES, AS WELL AS THE OBLIGATION OF MEDICAL PERSONNEL TO NOTIFY PARENTS OR GUARDIANS. OTHER TABLES COMPARE STATUTES DEALING WITH THE RUNAWAY CHILD AND DRUG OR ALCOHOL TREATMENT PROGRAMS. CHILD LABOR LAWS, VARIOUS CURFEW STATUTES, HITCHHIKING LAWS, POSSESSION OF TOBACCO PRODUCTS LAWS, AND MOTOR VEHICLE LAWS ARE ALL EXAMINED WITH RESPECT TO THE EFFECT THEY HAVE ON THE RUNAWAY. A SPECIAL SECTION DEALS WITH STATUTORY RAPE AND THE RUNAWAYS, AND CONTRIBUTING, HARBORING OR INTERFERING WITH THE RETURN OF THE RUNAWAY. IT IS RECOMMENDED THAT THE STATES DEVELOP MODEL OR UNIFORM STATUTES TO ESTABLISH THE FACT THAT THE RUNAWAY CHILD, PARTICULARLY THE OLDER TEENAGER, IS AN EMANCIPATED MINOR. CHILD LABOR LAWS, LAWS ON CONSENT FOR MEDICAL CARE, AND CURFEW LAWS NEED TO BE REVIEWED IN LIGHT OF TODAY'S SITUATION. INTERSTATE COMPACTS ALSO NEED TO BE REVIEWED TO SOLVE THE MANY LEGAL AND PRACTICAL PROBLEMS OF RUNAWAY CHILDREN AND THEIR PARENTS. CHECKLISTS AND FORMS USED IN THIS STUDY ARE APENDED. (GLR)