Running Away: You Are Not Alone!

Running away from home may seem like the answer to a bad situation, but it can be the wrong one. It may be much harder for you if you runaway. Ask yourself:

• Will I be safe?
• Where will I go?
• Who will help if I get in trouble?
• How will I get by?

Please, think about other options so you can be safe.

If you have already run away or if you have been kicked out of your home, we want to help keep you safe. You don’t have to be alone. Read about your rights and some places you can turn to if you are a runaway in Maine.

Can I be arrested?

NO. You cannot be arrested for running away from home. You cannot be put in jail either. But the police can "pick you up" and hold you if your parents are looking for you. The police can hold you for 6 hours—but not any longer. This is not an arrest. The police can call your parents to have them take you home. If your parents do not pick you up, the police may call DHHS.

What happens if DHHS is called?

It depends on why you have left your home. A DHHS worker may come out and meet with you. She may call your parents. She may do nothing. But if a DHHS worker thinks you will get hurt if you go home, she may try to get a court order. The court order would put you in DHHS custody. This means DHHS would make decisions for you and decide where you should live. Your parents would not have the right to make decisions for you while you are in DHHS custody. If you are in DHHS custody, DHHS needs to develop a plan that will give you and your family services to help you work things out so that you can go back home and be safe.

Can an adult I am staying with be arrested?

That depends on what the adult is doing. If the adult is letting you stay with him so that you are not on the streets AND you can leave his home at any time (he’s not keeping you there), then no law is broken. There is no such thing as "harboring a minor" under Maine law. But if the adult is having a sexual relationship with you, he can be arrested for sexual assault.

Are there places I can go?

YES, there are shelters, "drop-in" centers, and homeless youth outreach programs:

• Preble Street Teen Center, 17 Chestnut St., Portland: 874-1197
• Lighthouse Shelter, Portland, 774-3073
• Mission Possible Teen Drop In Center, Westbrook, 854-2800
• New Beginnings Shelter and Drop in Center, Lewiston, 795-4077
• Homeless Youth Outreach, Rumford Group Homes, 369-9439
• Shaw House Shelter and Drop In Center, 136 Union St., Bangor, 941-2874
• Breakwater Shelter, 218 Main St., Rockland, 866-506-3520 (toll-free)
• Drop-in Center, Rockland, 596-5793
• Halcyon House, 627 Middle Rd., Skowhegan, 474-8574
• Youth Alternatives Homeless Youth Outreach, 749-7899; 632-0137; after hours: 471-5268

If I am at a shelter, does the shelter have to tell my parents I am there?

That depends. A shelter is there to try to keep you safe.

Normally, a shelter must try to contact your parents within 3 hours of when you show up to spend the night. If your parents cannot be reached, the shelter will send a letter to them the next day. The shelter will call DHHS if they cannot find your parents.

The shelter will not call your parents if you believe your parents may hurt you. They will make a referral to DHHS instead. If you do not want your parents to know where you are, you can ask that your parents not be told. You must ask for this in writing. You can only make this request the first three nights you are at the shelter. After that, the shelter can call your parents.

Can I get medical care without my parents?

YES. You can receive treatment for:

• Emergencies
• Family Planning
• Sexually Transmitted Diseases
• Substance Abuse
• Mental Health

Also, if you have not been getting any support from your parents for the last 60 days, you can be treated for any condition without your parents having to give their consent. This is not the case if you have not been away from your parents for at least 60 days. If it has been at least 60 days, ultimately, the doctor will decide if she will treat you. If you get treatment, your parents cannot be notified. You are responsible for paying for the appointment. There are homeless health clinics you can go to as well.

Can I get MaineCare (health coverage) and Food Stamps?

YES. If you do not live with your parents, you can still apply for MaineCare and for Food Stamps. Go to the local DHHS office. You can also go to your local food pantry and/or soup kitchen.

What if I am being abused at home?

There are a few things you can do.

If you are afraid for your safety, you can file for a protection from abuse order against the person who is abusing you, even if it is your parent. If you are not 18 or legally emancipated by a Court, you have to have an adult (called a "next friend") bring the case for you in Court. You can get the forms at the local District Court or online.

You can contact DHHS Child Protective. If DHHS won’t help you, you can talk to 3 adults. Those 3 adults can file a "3 person petition" in District Court. The petition would ask that the Court order DHHS to take custody of you and find a safe place for you to live and give services to you and your family. More on Three-Person Child Protection Petitions.

If you are 16 or older and have a plan of how to take care of yourself, you can file for emancipation in the Maine District Court. The Court will find a lawyer to represent you. More on Emancipation.

If you are 14 or older, you can nominate an adult to become your legal guardian. The adult has to file a petition for guardianship in the Probate Court where you are staying.

Both your parents will get a notice letting them know that someone is trying to become your legal guardian. If they do not agree, there will be a hearing. You have to prove that living with them is "intolerable." You can ask the Judge for a free lawyer.

If you are under 14, an adult can still try to become your legal guardian. You do not have a right to a free lawyer in that case. A guardian ad litem may be appointed. This person would look into your situation and report back to the court. The report includes his findings and his opinion about whether a guardian should be appointed.

Can I go to school?

Some runaway students are considered "homeless students." A homeless student is when you do not have an "adequate, fixed, nighttime residence." This means if you are living in a shelter, motel, campground, car, the streets, or if you are couch surfing with friends or family. In that case, you should be able to go to the school you were attending before you ran away, or the school where you are now staying. The school must provide transportation.

If you are not a homeless student, but there are emergency reasons for why you are not living at home, the superintendent of the school where you are staying can let you enroll there. If you have a problem going to school, call us: KIDS LEGAL 1-866-624-7787. More on Rights of Homeless Students

Where else can I turn to for help?

• National Runaway Switchboard: 1-800-RUNAWAY
  
If you call, it is confidential and you don’t have to tell them your name. They will talk to you when you feel like you need to talk to someone. They can help you find services that might help you. If you want, they can help you get back home by making a plan between you and your parents and giving you transportation. They will leave messages for or talk to your parents if you want them to.
• Homeless Crisis Hotline: 1-800-438-3890
• If you are in crisis, you can call: 1-888-568-1112

This publication was supported by grant #2004-JL-FX-0029 from the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of OJJDP or the U.S. Department of Justice.

Last update: May 2006