Runaway Teenagers: Laws and Legal Options

Every year, an estimated 4.2 million youth experience homelessness or a runaway episode in the United States. In most states, running away is not a crime, but it can set off a chain of legal consequences for the teen, their parents, and any adults who get involved. Understanding the law can help teens and families navigate a frightening situation safely.

Who Is Considered a Runaway?

A runaway is a minor (someone younger than 18) who leaves home without a parent’s or guardian’s permission and is gone from the home overnight.

Is Running Away Illegal?

Running away isn't a crime, but it can result in judicial or legal intervention all the same. Police, schools, children and family services, and courts can become involved. In some states, the minor or their family might be legally classified as a family or child in need of services.

A minority of states classify running away from home as a status offense. A status offense is an act that is a violation of law only because of a youth’s status as a minor. (Additional status offenses include truancy, curfew violations, underage drinking, and incorrigibility.) Consequences for status offenses include counseling and education, driver’s license suspensions, fines and restitution, and placement with someone other than a parent or guardian.

What Happens If You Run Away From Home?

Runaways are often in a difficult situation—it isn’t safe for them to sleep on the street, but it might not be safe for them to return home, either. They are living apart from their parents or guardians, but as minors, they lack the legal status to easily live independently (for example, minors cannot enter into most contracts, such as a lease; nor can they be hired for many jobs). On top of these consequences, runaways may also face a number of legal predicaments that can place them in the judicial system.

Can You Be Arrested for Running Away?

Running away is generally not a crime, but it is a status offense in some states. Regardless of whether a particular state recognizes running away as a status offense, police can always take runaways into custody.

Options After Police Pick Up a Runaway

The options available to police after picking up the runaway include:

• returning them home
• convincing the runaway's parents or guardians to temporarily let them stay with friends or family
• taking them to a shelter for runaways, or
• briefly holding them at a juvenile detention facility.

Runaways who are fleeing an abusive situation and do not want to return home should tell police about the abuse. The police must report child abuse to a county child welfare agency for further investigation. Emergency shelter might be available.

Judicial or Social Service Interventions

A minor who keeps running away, ends up being a truant, or has other run-ins with the law can end up in the juvenile justice system, either as a delinquent or minor in need of services. These interventions can result in a court record, social or family services supervision, or court-mandated counseling or behavioral services, among other consequences.

Legal Options for Runaway Teens

Some youth believe running away is the only option they have. But it can be risky to run away without a safety plan or safe place to go. Alternative options may be available.

Alternatives to Help Issues at Home

If home could be a safe place to stay, a teen might first consider talking to a teacher, school counselor, therapist, or crisis counselor about their situation. These adults can help the teen identify local resources and support networks, such as family counseling, health resources, or referrals for mental health support, to assist them in living safely at home or returning safely to home.

Transferring Legal Guardianship

Not all home situations are safe to return to. A legal guardianship transfer might be an option for runaways who want to live with a willing and appropriate adult relative or friend. A legal guardian will have the same rights and responsibilities as the parent.

Minors who want to live with another adult must submit a written request for a guardianship transfer to a local court that hears family law matters. The court will schedule a hearing, which the minor’s parents and other relatives can attend. After hearing from the interested parties, the judge will decide whether the guardianship would be in the minor’s best interest. The judge can approve a guardianship even if a minor’s parents object.

Emancipation

Emancipation gives minors the same legal rights as adults and ends their parents' responsibilities to support and supervise them. Emancipation occurs automatically when a minor turns 18. In some states, emancipation also occurs automatically when a minor marries or enlists in the military with parental consent.

Another potential option for minors is to ask a judge for a declaration of emancipation. To obtain a court declaration of emancipation, minors must convince the judge that:

• emancipation is in their best interests
• they can live independently (apart from parents or guardians), and
• they can financially support themselves by legal means.

Courts might also consider the minor’s level of maturity, whether the minor has earned a high school diploma, and the parents' behavior that led the minor to seek emancipation. For example, a judge is more likely to emancipate a minor who is trying to get away from an abusive parent than a minor who simply disagrees with a parent about a curfew.

Is It a Crime to Harbor a Runaway?

It can be. Most states have laws against “harboring” runaways. These laws make it a crime for adults to encourage minors to run away, or to hide runaways from their parents or legal guardians. For example, an adult cannot:

• encourage a minor who is not being abused to run away or stay away from home
• prevent a runaway from calling home or the authorities, or
• lie to a runaway’s parents or the authorities about the runaway’s location.

Prosecutors can also charge irresponsible adults with contributing to the delinquency of a minor if the adult encourages or allows the minor to be involved in criminal behavior, including the use of alcohol or illegal drugs.

What Can Parents Do If Their Child Has or Might Run Away?

Parents and other concerned adults can also reach out to the NRS or other crisis centers for help when their child or a minor has or might run away. These organizations can offer tips for communicating with teens, providing a safe environment for them, or help with next steps.

Contact Police or Report Missing Child

Parents or legal guardians can report a runaway to the police at any time. Federal law prohibits any law enforcement agency from establishing a waiting period before accepting a runaway-child report. Police enter the runaway’s name and physical description into the National Crime Information Computer (NCIC).

Contact School

Parents are legally responsible for caring for their minor children, even when the child is not living at home. For example, parents can be responsible for their child’s truancy (an unexcused absence from school) when the child has run away. Parents should call the runaway’s school daily to report the child’s absence and let the school know that the child is a reported runaway.

Reach Out for Help

Youth aren’t the only ones struggling. Parents or guardians can benefit from support groups, counseling, or local services. These resources might benefit all sides of the family, as they can help parents learn how to communicate with their child, handle adolescent emotions and behaviors, and create a safe environment for their child.

Risk Factors for Teens Running Away

Minors run away for complex reasons. The National Center for Missing and Exploited Children and the NRS have identified factors that put youth at an increased risk of running away:

• family dynamics (divorce, remarriage, problems with siblings, foster care)
• abuse (physical, sexual, emotional, verbal) and neglect
• alcohol and drug use
• suicidal thoughts or behavior
• self-harm
• economic and housing challenges
• juvenile crime involvement
• medical and mental health conditions, and
• conflict about sexual orientation or gender identity.

Running away or being forced to leave home are common pathways to homelessness.