Minors are not guaranteed public housing for the same reason. So, although minors should be allowed to apply for public housing, and legally have the right to sign a lease, they are not guaranteed this housing. To improve their chances of obtaining housing, minors might want to provide their landlord with proof that they have a job or a means to pay the rent. Providing references, finding a co-signer over 18 years of age, or giving evidence of a good credit history can also help.
Rivera v. Minors who have obtained a court ordered emancipation may have more luck seeking public or subsidized housing than unemancipated minors under federal and state housing regulations. Temporary housing can also be hard for a minor to obtain on his or her own, because shelters must notify either a minor's parents or the Department of Social Services within 72 hours after a minor arrives at a shelter.
It may be easier for a teen parent to obtain housing independent of his or her parents through the welfare department. Again, however, in many cases where the teen parent is on his or her own, and especially where the teen parent is quite young, the Department of Social Services will be asked to figure out what is the best living situation for the teen parent and his or her child.
Generally, for regular doctor visits, in non-emergency situations, a minor must obtain parental consent, unless the minor is:. In addition to the above categories, Massachusetts Courts have adopted the "mature minor rule.
Minors may also consent to their own treatment for drug addiction if they are at least 12 years old , family planning services, or treatment for sexually transmitted diseases including HIV or AIDS. A minor who is at least 16 years old may commit himself or herself for mental health treatment without parental consent. Not necessarily. A minor need not obtain the consent of both parents. Planned Parenthood League v. AG, Mass. If the minor cannot obtain the consent of one parent or chooses not to ask either parent for consent, the child may petition a judge of the superior court to obtain consent.
A minor is entitled to an attorney during this proceeding. Baird v. A judge may consent to the abortion after deciding about the minor's maturity level, independence and living circumstances. Although the process of obtaining consent from a judge can be stressful, it is designed to be confidential and as take as little time as possible.
Please call for information about this process. Emancipated minors and minors who are married, divorced, or widowed may consent to abortion or sterilization without judicial or parental consent.
In re Rena, 46 Mass. Until a minor turn eighteen, he or she cannot work in certain places or during particular hours. The rules are complicated and exceptions exist for certain jobs, but the most basic rules are as follows. See Mass. Laws c. A minor does not need to be legally emancipated from his or her parents to obtain public assistance in Massachusetts. Some minors who are pregnant or teen parents are eligible for cash TAFDC , food stamps, and medical Medicaid benefits on behalf of their babies.
However, under welfare reform the rules have become much more complicated. The welfare rules require most teen parents under 18 either to live at home with their parent s , relatives, or a guardian, in order to eligible to receive TAFDC for themselves and their children. If the teen claims, and the Department of Social Services investigates and confirms, that the teen parent is unable to live at home or with adult relatives because of abuse, neglect, or addiction in the home, or other extraordinary circumstances, the teen and his or her child will not be forced to move home but will be required to live in a group home for teen parents in order to receive TAFDC.
In some limited circumstances, such as if the teen parent has graduated from an independent living program, a teen parent may live on her own and still be eligible for welfare. In addition, all young parents who are under age 20 must either attend school full-time, participate in a full-time GED program combined with other employment-related activities totaling 20 hours per week, be a high school graduate or have their GED.
Childcare and transportation should be provided. If childcare is not available, a teen parent is exempt from the school requirement. The amount of cash assistance available to teen parents depends upon how much income and resources the teen has and also upon the income of the teen's parents if the teen lives at home.
If the parents also receive TAFDC, the teen and the baby are just added to the family's welfare grant. If not, the parents will be required to reveal their income so the teen's grant can be calculated. If the teen is not required to live with her parents then the parents' income does not count. Parents may be contacted by the Welfare Department to pay child support for children under the age of eighteen. There are a many other rules that must be followed in order to obtain benefits.
Minors who are not pregnant or not parents may also be eligible for welfare under a separate program. Because of the recent complex changes in the law, teens should check with the Children's Law Center or their local legal services office to learn of their rights before they apply. Contact the Legal Service Office in your area to learn more about your legal rights concerning emancipation, benefits and other concerns.
These offices can also sometimes give you information about other agencies that can assist you. You have the right to an interpreter. You may be able to get free legal help from your local legal aid program. Or email a question about your own legal problem to a lawyer. Emancipation and the Legal Rights of Minors in Massachusetts. Show Endnotes Hide Endnotes. Produced by Children's Law Center of Massachusetts. Overview Emancipation ends the parents' rights to control his or her minor child or to participate in any decision-making about the child.
What is Emancipation? In most states, minors automatically achieve emancipation once they get married. But to get married, minors must comply with state marriage requirements. States set a minimum age for marriage and often require minors to get parental consent or court approval before getting married.
For example, to get married in California, a minor must 1 be at least 14 years old, 2 be accompanied by a parent or legal guardian, and 3 appear before the court.
Emancipation by military enlistment. Minors can become emancipated by enlisting in the United States Armed Forces. But since military policies currently require enlistees to have a high school diploma or GED, most young people are at least 17 or 18 before they become emancipated through enlistment.
Emancipation by court permission. Some not all states allow emancipation by a court order. Usually, the minor must be at least 16 years old to do this—although, in California, minors as young as 14 may petition the court for emancipation. The court will grant emancipation if it believes that doing so will serve the young person's best interest.
The court will evaluate many of the following factors when deciding whether to grant emancipation:. Minors seeking emancipation through a court order must follow the petitioning procedures that state law sets out.
Though the process varies from state to state, here's what the court procedure for filing an emancipation petition typically looks like:. The minor must fill out a petition or an attorney can fill it out on the minor's behalf. Usually, the petition includes an explanation of why the minor is seeking emancipation, information about the minor's current living situation, and evidence that the minor is or soon will be financially self-sufficient.
Notification of parents. In most states, minors must notify their parents or legal guardians that they filed the petition for emancipation—or explain to the court why they do not want to do so.
In most cases, the court schedules a hearing where the judge asks questions and hears evidence to decide whether emancipation is in the minor's best interest.
Declaration of emancipation. If the court decides that it should order emancipation, it will issue a Declaration of Emancipation. The newly emancipated minor should keep copies of the declaration and give them to schools, doctors, landlords, and anyone else that would normally require parental consent before dealing with a minor.
There are many reasons why a young person might seek emancipation. Sometimes a minor is very wealthy a child actor, for example and seeks emancipation for financial and tax reasons. Some young people suffer from physical or mental abuse and want to get away from a bad home environment.
Other minors feel that they cannot get along with their parents or guardians. People under the age of eighteen are referred to as minors. Minors are under the control of their parents or legal guardians until they attain the age of majority.
However, in special circumstances, a minor can be freed from control by their guardian before attaining majority. Normally, the circumstances in which a minor becomes emancipated are enlisting in the military, and marriage.
In order to obtain emancipation, the minor should file a petition with the family court in the applicable jurisdiction, formally requesting emancipation and citing reasons why it is in their best interest to be emancipated. Emancipation laws vary from state to state. Once emancipation is granted, the parent is no longer legally responsible for the acts of the child.
Some of the criteria are the minor has financial independence, exhibits sufficient maturity, lives apart from parents, has decision making capacity or attends school or has already received a diploma or achieved some equivalent proof of both maturity and ability to fend for him or herself.
The California statute is reproduced in relevant part below and follows the usual criteria found in most states in the United States. The final portion of this article shall discuss ramifications and practical application of the Statute.
This part is not intended to affect the status of minors who may become emancipated under the decisional case law that was in effect before the enactment of Chapter of the Statutes of A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied:.
Nothing in this section affects any liability of a parent, guardian, spouse, or employer imposed by the Vehicle Code, or any vicarious liability that arises from an agency relationship. An insurance contract entered into by an emancipated minor has the same effect as if it were entered into by an adult and, with respect to that contract, the minor has the same rights, duties, and liabilities as an adult.
With respect to shares of stock in a domestic or foreign corporation held by an emancipated minor, a membership in a nonprofit corporation held by an emancipated minor, or other property held by an emancipated minor, the minor may do all of the following:.
It is the intent of the Legislature that proceedings under this part be as simple and inexpensive as possible. To that end, the Judicial Council is requested to prepare and distribute to the clerks of the superior courts appropriate forms for the proceedings that are suitable for use by minors acting as their own counsel.
The issuance of a declaration of emancipation does not entitle the minor to any benefits under Division 9 commencing with Section of the Welfare and Institutions Code which would not otherwise accrue to an emancipated minor.
As evidence of this, the minor shall complete and attach a declaration of income and expenses as provided in Section
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