missing person's report/family court warrant to appear for the first time?

[horsetrot]

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

if i haven't been home in a while, can my parents file a missing person's report for the police to come into my college class during the day to drag me home? how would I still be missing if they know exactly where I am for specific periods of the day?

is it a crime to not go home?
if they do return me, what's stopping me from leaving again?

also, if the administration of children's services wants to put me in foster care against my wishes, am I committing a crime by simply ignoring the acs? they threatened me with filing a warrant in family court which would also command the police to pull me out of class; i thought warrants are issued for failure to appear, and if I am to appear in family court for the first time, then I'd have to be given fair prior notice?

how will the notice be given to me if my mailing address is still the same as my parents', and I can't go to pick it up? will the police have to deliver teh notice to me while in class?

I turn 18 shortly, so will I be able to stall the court process and if so, for how long?

 

[justalayman]

how old are you?
nevermind, I see you are 17.

s it a crime to not go home?

yes

if they do return me, what's stopping me from leaving again?

if you were my kid, me setting my fat ass on you. If I wasn't around, eventually you being locked in jail might tend to slow you down.

if i haven't been home in a while, can my parents file a missing person's report for the police to come into my college class during the day to drag me home?

as a missing person? Unlikely. As a runaway, quite possible.

lso, if the administration of children's services wants to put me in foster care against my wishes, am I committing a crime by simply ignoring the cs? t

they'll come get you if they want you

i thought warrants are issued for failure to appear, and if I am to appear in family court for the first time, then I'd have to be given fair prior notice?

Your notice is the warrant. It can be enforced immediately.

how will the notice be given to me if my mailing address is still the same as my parents', and I can't go to pick it up?

they will probably hand it to you, right before they escort you away to their waiting chariot.

 

[Antigone*]

how old are you?

I turn 18 shortly

Unless the OP's got a bad sense of time; it sounds to me the like OP is 17.

OP ~ So where are you currently staying? Who is paying for school and where you live?

 

[justalayman]

Unless the OP's got a bad sense of time; it sounds to me the like OP is 17.

OP ~ So where are you currently staying? Who is paying for school and where you live?

ya, I saw that after I scrolled up to read the questions again

 

[horsetrot]

fa pays for college, and what's the penal code for the crime?

will i be able to ask the judge for a future court date to prepare myself, i.e. a date after I turn 18? (by the end of this year)

 

[justalayman]

"fa"?

what's a "fa"

 

[CourtClerk]

financial aid maybe????

is this the same financial aid that the parents have to sign a fafsa for?

 

[justalayman]

financial aid maybe????

is this the same financial aid that the parents have to sign a fafsa for?[/QUOT

might just be. I guess the OP needs to understand that until they are 24 or so, mom and dad have to fill out their portion of the FAFSA (with a few exceptions) or no fa for you.

 

[CourtClerk]

mom and dad have to fill out their portion of the FAFSA (with a few exceptions) or no fa for you.

Personally, if I were mom and/or dad, I wouldn't be filling out anything. You gotta pay the cost to be the boss...

 

[justalayman]

Personally, if I were mom and/or dad, I wouldn't be filling out anything. You gotta pay the cost to be the boss...

right with ya CC. You want to be on your own against your parents wishes, you don't garner the benefits of having a parent.

 

[horsetrot]

i dont have any benefits of having a parent
they signed the fafsa at the beginning of the year
and that's not my question

my questions are:
1. what's the penal code for this type of offense?
2. what type of warrant will it be; the only warrant on the family court website says that children may be produced as an addendum to the main purpose of the warrant, which is to arrest a parent and bring him or her to court immediately. is there a separate warrant for producing a child?

3. if i end up in family court, can I request the next court date to be set a month later--what's the maximum time a court date can be postponed?

 

[You Are Guilty]

It's not the Penal Law, its the Family Court Act that you need to be aware of. Article 7, specifically [PINS]. While at 17, you do have slightly more rights than those under 16, one of them is not the ability to ignore the court and continue to live on your own. (It's more like you can't get thrown into "adult jail" - only "youth detention" centers if you fail to comply with the court).

Summons or warrant on failure to appear
The family court before which a person failed to produce a child pursuant to a written promise given under section seven hundred twenty-four may issue a summons requiring the child and the person who failed to produce him to appear at the court at a time and place specified in the summons or may issue a warrant for either or both of them, directing that either or both be brought to the court at a time and place specified in the warrant.

 

[CourtClerk]

they signed the fafsa at the beginning of the year

and they'll need to sign another one in January.... and every year you need financial aid.

 

[horsetrot]

It's not the Penal Law, its the Family Court Act that you need to be aware of. Article 7, specifically [PINS]. While at 17, you do have slightly more rights than those under 16, one of them is not the ability to ignore the court and continue to live on your own. (It's more like you can't get thrown into "adult jail" - only "youth detention" centers if you fail to comply with the court).

The PINS says that for a disposition to be made by the court, all other diversion resources must be exhausted. Can they all be exhausted within a month? the PINS is also non-criminal; will that I was once the subject of a PINS petition ever come up in a thorough background check?

And if the penal code isn't involved at all, what other system of law allows the police to arrest me if tehy find me after serving a missing's person's report (if they know exactly where I am?) or a runaway report?

I'm not ignoring the court; I want to avoid the ACS. If they take me to court then I'll comply with the court order. Will the notice to appear in court be delivered to me a few seconds before the police takes me to court? FCA 725 just says that if someone fails in producing me, then an warrant can be issued. But first I'd have to be given the chance to be produced--what kind of notice works to produce me for the first time?

And can I request a later date without an attorney or will the one appointed work in my interest to request a later court date?

 

[You Are Guilty]

The PINS says that for a disposition to be made by the court, all other diversion resources must be exhausted. Can they all be exhausted within a month?

Probably not, but Family Court is, ah, "informal". Rules tend to get a little bent from time to time.

the PINS is also non-criminal; will that I was once the subject of a PINS petition ever come up in a thorough background check?

I doubt it, at least for most BG checks. If you apply to the FBI, they'll know. But then again, they'll know how many times you picked your nose and what color underwear you're wearing, so it's not that big a deal.

And if the penal code isn't involved at all, what other system of law allows the police to arrest me if tehy find me after serving a missing's person's report (if they know exactly where I am?) or a runaway report?

Read all of article 7. I just quoted one small bite.
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
(scroll all the way to the bottom of the page for the FCA)

But there may also be Penal Law implicated, depending on just what your parents told the police. It's impossible to guess, but the law generally gives your parents absolute authority over you and your movements until you are of age.

I'm not ignoring the court; I want to avoid the ACS. If they take me to court then I'll comply with the court order.

I don't blame you, I used to work for them The good news though, is that PINS petitions aren't prosecuted by ACS. ACS only does abuse/neglect, foster placements, and TPRs. Although they do sometimes come in on PINS cases through the FAP:
http://www.nycourts.gov/courts/nyc/family/familyassessmentprogram.shtml

Will the notice to appear in court be delivered to me a few seconds before the police takes me to court? FCA 725 just says that if someone fails in producing me, then an warrant can be issued. But first I'd have to be given the chance to be produced--what kind of notice works to produce me for the first time?

That I don't know; I've never handled a PINS case. According to the Court's website, the petition need be served on the child OR the parents, not both. So if you parents got a copy of the complaint, odds are it is binding on you.

And can I request a later date without an attorney or will the one appointed work in my interest to request a later court date?

You can absolutely request an adjournment, but you have to do it in person, before the judge. You can also request an attorney, and I believe a GAL would be assigned from the local panel. That, or any other attorney you get, can also request an adjournment. Sometimes, attorney adjournments can be done without your presence, but you would need to check with them to see if your case qualifies.

Good luck.