No, usually it is not illegal to run away from home in the United States. Still, even though that’s not a crime itself, the courts and police treat it like a status offense, which means they can get involved to resolve the issue. And for those who may be wondering like why does it even matter, the thing really is, this is a pretty common thing in the country, and that’s why you may be having some confusion about it all. So let’s clear a few doubts first, shall we?
What Is Considered “Running Away”?
Pretty much running away is when a child or teen leaves their home without their parents’ or guardian’s permission and stays away for more than what is allowed or expected. Anywhere in the U.S., kids under 14 years of age may be considered runaways if they stay away overnight. And just in case we get the definition right, see, any teen 15 or older can be classified as runaways if they stay away for two or more nights without permission.
Is Running Away a Crime?
In the majority of states, running away is not a crime in the same sense as theft or assault. The law considers it a status offense, that is, something which is only illegal because of the age of the offender. If an adult did the same thing, it would not be a violation of the law.
Therefore, kids are generally not taken to jail or arrested solely on the basis of running away. In most cases, the law aims to protect the minor’s safety and welfare rather than intending to punish them. Nevertheless, this does not imply that there are no ramifications at all.
What Happens When a Runaway Is Found?
When the police locate a runaway, they first and foremost consider the safety of the young person. The latter may be held by the police for a while, but an arrest is not implied here. Usually, the child is sent back to their family or taken to a youth shelter or any safe place, and the next steps are considered.
If the home environment is suspected to be unsafe, then social workers or child protective services might be involved. If the minor continues to run away, the juvenile court may intervene and order the child to attend therapy, be under supervision, or receive other support services.
Why State Laws Matter
Without a nationwide law, the various states decide on their own how to deal with cases of runaways. Different states classify the problem differently: some see it as a legal matter, some as a family problem, and others child welfare.
As a result, you can expect very different results depending on where you live. In one state, the case might involve a court, while in another, it may only result in temporary shelter placement. It is very important to understand the laws and resources in your local area.
Texas as an Example
As an example, Texas illustrates how detailed runaways laws can get.
Running away is illegal for minors in Texas and the law is still in force as a status offense, not a criminal one.
A minor 16 years old and younger can be called a runaway. Seventeen-year-olds are generally treated as missing persons and the police have the discretion of whether or not to return them home. Until a child is 18, the parents are always legally liable for the child.
Besides this, Texas permits some teens of 16 or 17 years to become partially emancipated. Emancipation is a process that gives a minor a level of legal independence, but it is tough to get and the minor has to prove that they are financially stable, able to take care of themselves and make mature decisions.
