Education for Justice                                    FACT SHEET Y-3                                         Fall 2007

 

YOUTH LIVING AWAY FROM HOME

 

CAN I RENT MY OWN APARTMENT?

Yes.  There is no law against youth under age 18 renting apartments.  But some landlords will not rent to you if you are under 18.  There is no law telling them that they have to.  Some landlords will rent to teens if an adult also signs the lease, promising that the adult will pay the rent if you do not.

 

CAN I LIVE WITH AN ADULT OTHER THAN MY PARENTS?

Yes.  But remember, if you live away from home without your parents’ permission or a court order, you may be considered a runaway.  An adult who lives with you may get in legal trouble for “harboring” a runaway.  Harboring means keeping or helping.  Arrests for harboring are rare, unless some other crime was also committed.  If you and the adult agree that you would like to live there long-term, contact the Youth Law Project at (612) 334-5970 to talk about your options.

 

CAN MY PARENTS FORCE ME TO COME BACK?

In general, you cannot live away from home unless you:

·        have your parents’ consent;

·        are 18 or older;

·        are married;

·        are in the armed forces; or

·        have a court order saying you can live on your own.

 

If your parents agreed to let you live on your own, they can change their minds – unless you have a court order saying you can live away from them.  If you don’t go back, they can start a runaway case in court to get you back home.

 

                                                            BUT

 

If you fear you will be hurt or neglected at home, tell that to the police or a county child protection worker.  You can also call the Youth Law Project at (612) 334-5970.  You can ask for a court order to let you live with someone else or on your own.

 

 

WHAT LEGAL SITUATIONS MIGHT LET ME LIVE AWAY FROM HOME?

There are different legal situations that can change the relationship between you and your parents.

 

·        A CHIPS petition (Child in Need of Protective Services).  The Juvenile Court can order you to live in foster care.  If you are at least 16 years old, the court can order that you are allowed to live independently.  The court decides what supervision you need.  CHIPS cases are usually filed by the county, after child protection investigates.

 

·        A Delegation of Parental Authority (DOPA).  Delegation means to give a right or duty to someone else.  The DOPA is a paper your parents sign to let someone else act as parent.  It can last up to 12 months, and your parents can take it back at any time.

 

·        An Order for Protection (OFP).  If your parents have abused you emotionally, physically, or sexually, or contact with them is harmful, the court can order that they stay away from you or see you only under certain conditions.

 

Some states have “emancipation” where a court orders that a youth is not under the parents’ care or control and is on their own.  There is no set process for “emancipation” in Minnesota, but emancipation is possible here.  Call the Youth Law Project at (612) 332-1441 to find out more.

 

WHERE CAN I GO TO SCHOOL?

You have the right to go to school in the district where you live.  Sometimes, the school will reject you.  They might tell you that you have to go school where your parents live, or that you need your parents to register for you.  This may not be right.  Call your legal aid office for advice.

 

DO I HAVE TO GO TO SCHOOL?

  • You have to go to school if you are 16 or younger.  If you skip school, you can be charged with truancy in Juvenile Court.  Your school may drop you if you skip over 15 days in a year. 
  • If you are 16 to 18 years old and you want to drop out, you have to have a meeting with your parents and school personnel.  You and your parents have to sign a written statement. 
  • If you get MFIP, you must go to school until you graduate, get a GED or turn 18.  
  • If you are 18 to 20 years old and getting MFIP, you can decide if you want to keep going to school or go to work.  You have to choose one or the other or you will lose your MFIP benefits.  See our fact sheet, MFIP for Parents Under 18.

 

DO I NEED MY PARENTS’ PERMISSION FOR MEDICAL CARE?

·        Not if it is for pregnancy, childbirth, care for your child, an STD (sexually transmitted disease), or drug and alcohol treatment.  (Special laws apply to abortions.)

·        Not if you live on your own and support yourself.  It does not matter how you support yourself; it can be with work, General Assistance (GA), or Minnesota Family Investment Program (MFIP).

·        Not if it is an emergency, and getting your parents’ consent delays your care.

·        Not if you have been married or have a child.

 

DO I HAVE TO PAY FOR MEDICAL CARE?

Yes.  But if you are eligible for GA or MFIP, you can also get Medical Assistance (MA).  If you can’t get MA, look for a clinic that has free or low-cost care for teens.  You may be able to get Minnesota Care.  Call First Call for Help statewide at 211 (or 651-291-0211 from a cell phone) to find out about clinics.  Always call 911 in an emergency.

Minneapolis Legal Aid – CLE

MN Legal Services Coalition

2324 University Avenue W. – Suite 101B

St. Paul, MN 55114

Don’t use this fact sheet if it is more than 1 year old.

Write us for updates, a fact sheet list, or alternate formats.

Fact Sheets aren’t a complete answer to a legal problem.

See a lawyer for advice.