concernd friend

[sk8gurl13]

What is the name of your state (only U.S. law)?montana

my friend is 14 years old, and ive been a close family frined for about 3 years. i go over to her house as much as posible to offer her confort and suprort. i beleave that her mother is a mentaly unstable person, and has been acused of child abuse several times. ive had to wate after school with her and her siblings for hours wating to see if their allowed to go home. she beats her kids ragularly(in front of me), verbaly abuses them by telling " you'll amount to nothing", "all you do is use up money from this family","why cant you be more like your sister". and she uses them for money. she takes my friend, the 14 year old, to work with her, cleaning houses. then she uses her money and gives her about 25%. and she is being paid under the table so theres nothing ,my friend can do about it. ive been personaly doing resurch to see what i could do to get her out of that house and into a safe envirement.she would love to be emancipated at least by 16, how ever she doesnt want to wate that long and beleaves that she would be able to care for her self sooner if given the chance. what advice can you give me to give her???

[CdwJava]

First off, you need to study a little more and hang out at friend's houses less ... your writing skills need some work. If the two of you have similar writing skills, you both need to spend more time studying.

That being said, if you have witnessed assaults or neglect, you can report these witnessed acts to the appropriate child protection authorities. Your friend can do the same.

She is not going to be emancipated because she wants to be away from the rules of the house. The parents will either have to agree, or, a court will have to rule that it is in her best interest - and that is extremely rare. She would also have to show the court that she had the ability to support herself AND go to school without going on the government dole.

Here is the law in MT for emancipation:

41-1-501. Petition for limited emancipation. (1) A youth who is 16 years of age or older, the youth's parent, or the department of public health and human services may petition the court for an order granting limited emancipation to the youth.
(2) The petition for limited emancipation must be in writing and must set forth:
(a) the name, age, and address of the youth;
(b) the names and addresses of:
(i) the parents of the youth;
(ii) any legal guardian of the youth; or
(iii) if no parent or guardian can be found, the last-known address of the youth's parent or guardian and the name and address of the youth's nearest known relative residing in the state;
(c) that limited emancipation is in the youth's best interests;
(d) that the youth desires limited emancipation;
(e) that there exists no public interest compelling denial of limited emancipation;
(f) that the youth has, or will reasonably obtain, money sufficient to pay for financial obligations incurred as a result of limited emancipation;
(g) that the youth, as shown by prior conduct and preparation, understands and may be expected to responsibly exercise those rights and responsibilities incurred as a result of limited emancipation;
(h) that the youth has graduated or will continue to diligently pursue graduation from high school, unless circumstances clearly compel deferral of education; and
(i) that, if it is considered necessary by the court, the youth will undergo periodic counseling with an appropriate advisor.

As a note, the granting of emancipation is EXTREMELY RARE!

If she is being abused or neglected, the appropriate authorities should be notified to look into the matter. If she simply does not like the rules or that she has to help mom around the house of help the family earn some money, that is not neglect or abuse. My 15 year old son goes out and works, too - not because he wants to, but because we encourage him to do so. That is not abuse.

Call child services or the police and let them handle it.

- Carl

[sk8gurl13]

Well thank you for replying, however, I all ready knew every thing that you had stated in your last message. Is there any thing new you can tell me? Oh by the way this time can you avoid the grammar, and work ethic lesson, I’m a minor, however I too work for a family business.
And as much as you may not want to believe me, this is not an average run of the mill “I don’t like the rules” deal. She is in a bad situation and child services have done nothing to improve it.
-thanx : )

[CdwJava]

Originally Posted by sk8gurl13

Well thank you for replying, however, I all ready knew every thing that you had stated in your last message. Is there any thing new you can tell me?

Since it is impossible for any of us to know what it is you "know" or think you know, it is impossible to predict what new information might be useful to you.

If you already "know" that the proper avenue to report neglect or abuse is to report it to the authorities, what is stopping you from making the call?

Oh by the way this time can you avoid the grammar, and work ethic lesson, I’m a minor, however I too work for a family business.

You would serve the business better by improving those skills.

And as much as you may not want to believe me, this is not an average run of the mill “I don’t like the rules” deal. She is in a bad situation and child services have done nothing to improve it.

I never wrote that I did not believe your characterization of the situation, but, experience has told me that most teens tend to view rules and the like as draconian and oppressive when they interfere with down time or socialization. In other words, rules that they don't like. I've had kids ask if they can get emancipated because their parents dare to make them clean their room, make their bed, and actually stay home during school nights!

If child services has been notified and they have done nothing, and the police have done nothing, then it would appear that the actions of the parent(s) are not serious enough to constitute a crime or justify any kind of intervention.

When she turns 16 she can follow the procedure previously mentioned and attempt to apply for emancipation. But, like I said, absent some compelling evidence that this is in the best interest of the minor - and proof that she can support herself and continue her education - a court is not likely to grant the petition. And if child services and the police fail to find anything wrong in the parents' actions, it sort of makes her position barely tenable.

- Carl

[Proserpina]

If child services has been notified and they have done nothing, and the police have done nothing, then it would appear that the actions of the parent(s) are not serious enough to constitute a crime or justify any kind of intervention.

When she turns 16 she can follow the procedure previously mentioned and attempt to apply for emancipation. But, like I said, absent some compelling evidence that this is in the best interest of the minor - and proof that she can support herself and continue her education - a court is not likely to grant the petition. And if child services and the police fail to find anything wrong in the parents' actions, it sort of makes her position barely tenable.

- Carl

OP, please understand that Carl has provided you with excellent information and advice - if you have omitted any pertinent information which you believe may change something, now would be the perfect time for you to share it with us. You mentioned that child services have done nothing to improve the situation - what is it that you (or she) would like to be done?