is she a missing person or runaway at age 17 in Tx

[tx stepmom]

What is the name of your state? Texas

I am a stepmother of a 17 and a half y/o girl, after being in and out from the juvenile detention center she got temporary placed with her aunt

She turned 17 at the beginning of this year, and the juvenile court, ordered that she would be returned to us because she was no longer in the juvenile system

We desided that it was in the best interest for the girl to remain in the school she was until the school year was over

In march the aunt throwed the girl out from her house, after running away
We filed first missing report

She was arrested for theft in may, but was bailed out by someone, no one wants to tell us who

We filed second missing person report

Today, I questioned it at the police station, why she was only filed as a missing person, not a missing child or a runaway child, the police told me that everyone is filed as a missing person and because she is 17 and had not physically been living with us since last year, the police here can't file a runaway report

He said that we can be charged for her truancy if she don't go to school.
I also asked where in the law is this with "the grey area" written for a 17y/o in Tx, he said there ain't written any definition, it was up to each district attorney and judge...

We need help to clear some answer,

* Does the police have the right not to take a runway report and only a missing person report?

* How can we press charges against the person who is harboring her if she is only a missing person not a runaway?

* How can she be released (bailed out from jail) by someone we don't know without our knowledge or information when her court hearing is set?

 

[seniorjudge]

What is the name of your state? Texas
I am a stepmother of a 17 and a half y/o girl, after being in and out from the juvenile detention center for not complying to the court order, conditional release, she got temporary placed with her aunt, the reason they said was that we, my husband and I couldn't give full supervision, for the record I am a stay at home mom, the aunt is a full time single careerwoman with no children,and a dwi on her record, still they saw it was best for the girl to be placed there because that she and I couldn't get along, and that she didn't want to follow the rules, so she over and over again just took off. She turned 17 at the beginning of this year, and the juvenile court, ordered that she would be returned to us because she was no longer in the juvenile system, we, my husband and I had a meeting with the aunt, and my step daughter,to discuss the best solution with school for her, we desided that it was in the best interest for the girl to remain in the school she was until the schoolyear was over, but also asked the aunt several times if she was willing to take the responsibility that came along, that if they went side ways she just couldn't terminate the verbal agreement that we had set up. Even though that the girl had runaway from the aunt while she still was under the courtorder they had worked things out, in march the aunt throwed the girl out from her house, after running away because she didn't want to follow any rules, and after that we have had no clue where she been residing, she was arrested for theft in may, but was bailed out by someone, no one wants to tell us who, we have filed missing person reports. Today, I questioned it at the police station, after looking into that PENAL CODE, and FAMILY CODE and CODE OF CRIMINAL PROCEDURE why she was only filed as a missing person, not a missing child or a runaway child, the police told me that everyone is filed as a missing person and because she had not physically been living with us since last year, the police here can't file a runaway report, but, we, my husband and I can file one in the county where the aunt lives, because of the last know physical address, which is about 2 hours drive away. Also he said that we can be charged for her truancy if she don't go to school. We need some clear answer, what can we do? Does the police have the right not to take a runway report and only a missing person report, how can we press charges against the person who is harboring her if she is only a missing person not a runaway? Can the police with force make her come with us? The information we have been given , they will only inform us where she is and it is up to us to go and get her, not even the county jail has informed us that she was arrested, she was picked up once before, by the police for an alleged enticing a minor, but they released her to someone, not even CPS got information to whom by the police. I also asked where in the law is this with "the grey area" written for a 17y/o in Tx, he said there ain't written any definition, it was up to each district attorney and judge... we need help..

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[magic55]

The police can do what they want there. Whose custody is she legally in? She never came back to your home? Her aunt threw her out?

 

[tx stepmom]

She is legally in our custody, my husband is her custodial parent, her biological mother run away from the attorney general about 4 years ago
In the best interest for the child we allowed her to stay with her aunt ( which is the sister of her biological mother) thru the school year,
but after running away one of many times the aunt had it, and took back the keys to her house and wouldn't let her back in

 

[CdwJava]

* Does the police have the right not to take a runway report and only a missing person report?

Same difference. You can call it what you want, but the reports both end up being entered into the same place. Being a runaway might have a different status attached to it (in other words, it might allow the child to be brought before the court) but they are both entered into MUPS.

* How can we press charges against the person who is harboring her if she is only a missing person not a runaway?

Possibly. You can ask the police to take a report for contributing to the delinquency of a minor if she is found with someone who was knowingly concealing her from you and allowing her to remain out of school.

* How can she be released (bailed out from jail) by someone we don't know without our knowledge or information when her court hearing is set?

At 17 a person arrested in TX is treated as an adult and thus subject to bail. You may not be permitted to know who bailed your child out - I don't know the rule on this. Perhaps if you checked with the local court or sheriff's department where she made bail they can tell you ... I woudl think that the source of bail is public record. But, while this might tell you the name of the bail bondsman, it likely will not tell you who paid the bondsman ... and it's doubtful the bondsman will say anything.

Also, TX is one of a handful states that used to have (and probably still does) a "loophole" in the state law that essentially prevented law enforcement from taking a 17-year-old IN to custody and transporting him or her home. I was told that this loophole was expected to be closed, but I have not inquired with friends in TX recently to know that it has been. Plus, even if it has, this kind of non-criminal detention or "arrest" may not go over well with some courts or agencies so they may not be comfortable doing it.

It bites that you might be held accountable for a child that you do not know the whereabouts of but you can thank your state legislature for the ambiguity of the law.

I would recommend you obtain and keep a copy of the missing person report (if they will let you have a copy) so that you have something to show the school should you be charged with truancy for some reason.

Remember, SHE has made this decision. SHE is choosing to runaway and possibly fail out of school. If I had to guess, I'd say there is a boy (or a man) involved.

I'm sorry you're going through this. Unfortunately, her age and the voluntariness of her acts puts her into the "non urgent" category for the police.

- Carl