Emancipation in New York State

[No comment :)]

What is the name of your state? New York.

I live in Utica, NY, and a friend of mine is seeking to become emancipated from verbally abusive parents. He is 16. His mother has admitted to slipping him pills in his drinks for a medication that he was prescribed, but which he elected not to take.

Googling for 'emancipation minor new york state' yields this:
http://www.empirestatecoalition.org/emanc.html

It says 'Emancipation involves the renunciation of the legal obligations of a parent and the surrender of parental rights over the child.' I'm not convinced, as a legal-savvy friend of mine is, that emancipation needs some sort of definite ritual. The signing of papers, or a hearing or similar.

I was unable to find more documents through googling that describe the definite procedure of emancipation. Some details I have to ask:

*Is an official renunciation of rights by the parent necessary, on paper, or can one just move out?
*Does a minor have to be absolutely self-sustaining to be emancipated? Can't he stay with a friend?
*Is the medication circumstance, described above, adequate justification for being emancipated through other means if the parents refuse to sign papers?

 

[panther10758]

The offenses you desribe are criminal and both CPS and Police should be notified. Emancepation is not the way to resolve this as abuse is not an emancepation issue. Without looking at statue I can tell you two things will be needed neither you have stated.

. Parental consent

. Must be 100% self supporting

 

[No comment :)]

Panther, thank you very much.

 

[BL]

He is 16. His mother has admitted to slipping him pills in his drinks for a medication that he was prescribed, but which he elected not to take.

Can you elaborate on what the medication is and what it is RX'd for ?

While , the Parent should NOT be slipping the meds , I only hear one side .

At any rate as you've read on the site , there is no emancipation per say , but all the factors listed there would apply , and yes , it would have to go in front a Court to be approved .

I will say once a youth turns 17 , and has a decent place to stay , and their needs are taken care of , police won't usually force the youth home .

 

[No comment :)]

Can you elaborate on what the medication is and what it is RX'd for ?

The medication is generic Ritalin for ADHD, which was most likely misdiagnosed. He was asked questions, by the school psychiatrist, which he found demeaning, so he got up and left without saying a word.

Apparently the psychologist felt that this was adequate justification to for the diagnosis of ADHD. I'm biased though - I'm very convinced that ADHD is misdiagnosed in 9/10 cases.

EDIT: I have to post this, it was troubling me:

While , the Parent should NOT be slipping the meds , I only hear one side .

What do you mean, that you only hear one side? Surely you're not saying that it's possible to justify it?

 

[stealth2]

Of course it's possible to justify it. If the kid doesn't agree with his diagnosis, he has no one to blame but himself.

It is extremely unlikely that a court will emancipate him if he's too immature to participate in a medical diagnosis. In addition, to be emancipated, he will have to show that he is completely self-supporting. Meaning he has the financial resources to pay for a place to live (ALONE i.e. rent an apartment), utilities, food, clothing, transportation, health insurance/expenses, and other normal costs of life.

Your friend isn't going anywhere.

 

[BL]

The medication is generic Ritalin for ADHD, which was most likely misdiagnosed. He was asked questions, by the school psychiatrist, which he found demeaning, so he got up and left without saying a word.

Apparently the psychologist felt that this was adequate justification to for the diagnosis of ADHD. I'm biased though - I'm very convinced that ADHD is misdiagnosed in 9/10 cases.

EDIT: I have to post this, it was troubling me:

What do you mean, that you only hear one side? Surely you're not saying that it's possible to justify it?

What I mean is what I Stated . Again I only hear one side .

While you may be biased , and some sorts would say no to meds , weather a child/adult has ADHD , behavioral problems , ODD , etc., or a combination of both , without some sort of counseling and possibly medications , an individual left on his/her own is likely to be a problem to handle in society and/or at home .

If it's illegal or inappropriate for a Parent to " Slip " the child's meds , I have no Idea , but it seems to me as long as the individual is a Child / minor , it's the Parent's duty to administer the meds .