A runaway is a minor (someone under the age of 18) who leaves home without a parent's or guardian's permission, and is gone from the home overnight. In most states, running away is not a crime; however, runaways and their parents or guardians can face legal consequences. Adults who encourage or hide runaways can be charged with a crime.
Parents are legally responsible for caring for their minor children, even when the child is not living at home. For example, parents can be responsible for their child's truancy (an unexcused absence from school) when the child has run away. Parents should call the runaway's school daily to report the child's absence and let the school know that the child is a reported runaway.
Getting Help Before Running Away
Not all minors who leave home are runaways. The term throwaways (or thrownaways) refers to minors who have been forced by their parents or guardians to leave their homes without alternate care arranged. Because the distinction between runaways and throwaways is not always clear, this article uses the term runaway to refer to both situations.
The National Runaway Safeline (NRS) serves as the communication system for runaway and homeless youth. NRS provides free, confidential advice and referrals to local services for runaways and their parents and guardians in all 50 states. Call 1-800-RUNAWAY for immediate assistance.
Is Running Away Illegal?
A minority of states classify running away from home as a status offense. A status offense is an act that is a violation of law only because of a youth's status as a minor. (Additional status offenses include truancy; violating curfew; underage use of alcohol; and being "ungovernable," or beyond the control of parents or guardians.) Consequences for status offenses include counseling and education, driver's license suspensions, fines and restitution, and placement with someone other than a parent or guardian.
Risk Factors for Running Away
Minors run away for complex reasons. The National Center for Mission and Exploited Children and the National Runaway Safeline have identified factors that put youth at an increased risk of running away:
- family dynamics (divorce, remarriage, problems with siblings, foster care)
- abuse (physical, sexual, emotional, verbal) and neglect
- alcohol and drug use
- suicidal suicidal thoughts or behavior
- self-harm
- medical and mental health conditions, and
- conflict about sexual orientation or gender identity.
Legal Consequences, Rights, and Options for Runaway Teens
Runaways are often in a difficult situation—it isn't safe for them to sleep on the street, but it might not be safe for them to return home, either. They are living apart from their parents or guardians, but as minors, they lack the legal status to easily live independently (for example, minors cannot enter into most contracts, such as a lease; nor can they be hired for many jobs). Here is a discussion of the legal predicaments, rights, and options for runaways.
Police Can Detain Runaways
Running away is generally not a crime, but it is a status offense in some states. Regardless of whether a particular state recognizes running away as a status offense, police can always take runaways into custody. The options available to police include:
- returning them home
- convincing their parents or guardians to temporarily let them stay with friends or family
- taking them to a shelter for runaways, or
- briefly holding them at a juvenile detention facility.
Parents or legal guardians can report a runaway to the police at any time. Federal Law prohibits any law enforcement agency from establishing a waiting period before accepting a runaway-child report. Police enter the runaway's name and physical description into the National Crime Information Computer (NCIC).
Runaways who are fleeing an abusive situation and do not want to return home should tell police about the abuse. The police must report child abuse to a county child welfare agency for further investigation; emergency shelter might be available.
Transferring Legal Guardianship
A legal guardianship transfer might be an option for runaways who want to live with a willing and appropriate adult relative or friend. A legal guardian will have the same rights and responsibilities as the parent.
Minors who want to live with another adult must submit a written request for a guardianship transfer to a local court that hears family law matters. The court will schedule a hearing, which the minor's parents and other relatives can attend. After hearing from the interested parties, the judge will decide whether the guardianship would be in the minor's best interest. The judge can approve a guardianship even if a minor's parents object.
Emancipation
Emancipation gives minors the same legal rights as adults and ends their parents' responsibilities to support and supervise them. Emancipation occurs automatically when a minor turns 18. In some states, emancipation also occurs automatically when a minor marries or enlists in the military with parental consent.
Another potential option for minors is to ask a judge for a declaration of emancipation. To obtain a court declaration of emancipation, minors must convince the judge that:
- emancipation is in their best interests
- they can live independently (apart from parents or guardians), and
- they can financially support themselves by legal means.
Courts might also consider the minor's level of maturity, whether the minor has earned a high school diploma, and the parents' behavior that led the minor to seek emancipation. For example, a judge is more likely to emancipate a minor who is trying to get away from an abusive parent than a minor who simply disagrees with a parent about a curfew.
How to Get Urgent Emotional Support
The 988 Suicide & Crisis Lifeline is available for people in suicidal or substance use crisis or emotional distress and loved ones who want to help them. It's free, confidential, and available 24 hours a day, 7 days a week. To connect with a trained counselor who can help, call or text 988.
Crisis Text Line is a texting service for any emotional crisis. To connect with a trained crisis counselor, text "HELLO" to 741741. It is free, available 24/7, and confidential.
If you aren't in crisis, but you need someone to talk to, you can call a warmline. Warmlines are staffed by trained volunteers or paid employees who have been through their own mental health struggles. Warmlines are a free, confidential alternative to crisis hotlines, which are focused on keeping you safe in the moment. Warmlines are intended to offer the kind of emotional support that can prevent a crisis.
Encouraging or Hiding a Runaway Is Against the Law
Most states have laws against "harboring" runaways. These laws make it a crime for adults to encourage minors to run away, or to hide runaways from their parents or legal guardians. For example, an adult cannot:
- encourage a minor who is not being abused to run away or stay away from home
- prevent a runaway from calling home or the authorities, or
- lie to a runaway's parents or the authorities about the runaway's location.
Prosecutors can also charge irresponsible adults with contributing to the delinquency of a minor if the adult encourages or allows the minor to be involved in criminal behavior, including the use of alcohol or illegal drugs.
Getting Legal Advice and Representation
If you are a minor who is thinking about running away, you should call 1-800-RUNAWAY for free confidential advice and referrals to local services.
If you are the parent or guardian of a child who has run away, you should contact the local police. You should also speak to an attorney about your legal rights and responsibilities.
If you are an adult who would like to help a runaway, you should talk to an attorney about how you can best assist the minor and protect yourself from allegations of harboring a runaway or contributing to the delinquency of a minor.
Runaway Train 25
Over 25 years ago, the video for Soul Asylum's song "Runaway Train" featured real-life footage of missing children in the hopes that the video would lead to their discovery. The song became a hit and led to the location and recovery of 21 of the 36 missing children featured in the video.
For the 25th anniversary of the song, the National Center for Missing and Exploited Children (NCMEC) released "Runaway Train" with new artists and a music video. Using the geographic location of the user's computer and the NCMEC database of missing children, the video features children who disappeared from the viewer's area. To see missing children in your area, go to RunawayTrain.25.com. You can also create a video for a missing child you know.
Government of SA - Running Away
Children and young people from families in all walks of life sometimes run away from home for all kinds of reasons. It can happen because they’re reacting to something emotionally in the heat of the moment or when they’re testing the limits.
Most young people who run away and are reported to the police are found within 48 hours. While they usually return home within this time it can be very scary for parents and family.
Why children and young people run away
In adolescence, the influence of friends and the media can be very strong as young people start to form their own ideas and values. As part of testing new things out, young people often believe they can take risks and still be safe. They’re often torn between wanting complete freedom very quickly and wanting to be cared for as they have been in childhood. Parents are torn between trying to make sure they’re safe and supporting them to gradually become more independent.
Some children run away because:
- there’s a disagreement on something they feel strongly about. Running away can be a ‘spur of the moment’ act following an argument. They may have intense feelings about something and like anyone experiencing strong emotions, may have trouble communicating or negotiating what they want
- they might believe that running away will make parents realise they’ve made a mistake
- they’re afraid they’re about to get into trouble
- they think their home has too many rules and limits - they want to find somewhere else to live
- they don’t like the situation at home with a parent’s new partner, step-parent, defacto or stepbrothers and sisters
- they’re trying to get away from a difficult situation, e.g. bullying at school
- they’re depressed, have a drug or mental health problem and need help
- home isn’t safe or there’s something serious going wrong in their lives, e.g. parents continually arguing, family violence, or they’re being physically or sexually abused or neglected.
For whatever reason, some young people genuinely feel unwanted and unloved at home.
When a child or young person runs away it is often a genuine cry for help. You need to take it seriously.
What you can do
Parents can feel they’ve lost their influence and control and can feel helpless when their child or young person runs away. Whatever your child may say in the heat of an argument you are still very important to them and have influence in many ways. It’s very scary for children and young people if they feel you’ve given up on them.
Hang in there. Children and young people need to know you’re there for them and won’t give up on them.
Prevention
- If things are starting to go wrong between you, try to work out what the problem is and rebuild the relationship before there’s a crisis.
- Through all the ‘ups and downs’ make sure your child knows you love them. Try to listen to their point of view before giving yours. Talk with them about other things rather than focusing on problems.
- Try to find some middle ground where you can each agree on something. Leaving someone feeling they have no choice often leads to a strong reaction.
- If your child threatens to run away, take it seriously. It doesn’t help to dare them, e.g. ’OK, go then, you’ll be back soon enough’ or to forbid it, e.g. ‘No! You’re not going’. Listen to how they are feeling, what the problems are and what things could change for the better.
- You may need some time apart for a while to let things settle down. You could agree that your child could stay for a while with a close relative or friend whom you both trust. This will give you both a chance to rethink what’s happening and try to do some things differently.
- Try to look at the situation differently, e.g. ‘What can we do to make everyone in the family feel better?’ rather than ‘Why is that kid always making trouble?’
- Seek some support and advice from your child’s teacher or school counsellor. There may be issues at school or with friends that you don’t know about. They may offer approaches you hadn’t considered.
- Know their friends, who they mostly talk to and where they get support. When young people run away, friends will often know where they’re likely to go.
- Respect their personal privacy but remember you’re responsible for their safety. Get to know and understand their use of social media. The Parent Easy Guide on ‘Cyber safety’ has some useful guidelines.
Keep building a positive relationship with your child. Try to work out rules together so your child feels they have choices.
If they run away
- Try to stay calm. Remember most runaways return by themselves.
- Find out how they left and where they may have gone. Was it planned or impulsive? Did they go off with friends, take money, clothes or other possessions? Did they leave a note or say anything to anyone? If they use Facebook or other social media sites, check for any recent information. Try to work out whether they are likely to be safe.
- Find out if they are ‘running away from’ something or ‘running to’ something.
- Contact parents of their friends to find out what they know. Don’t worry about doing this as most people know from their own experience that all families have ups and downs.
- If you find out your child is with friends, let them know that you are worried and that you want to talk. This will show you care. Don’t leave messages that are threats.
- When you make contact with your child you may need a third person to help you both talk things through in the beginning. Be prepared to make some changes. If things aren’t sorted out they may run away again.
- In early discussions you don’t have to give in on everything but it’s important to discuss ways to make things better for you all.
- Have an open door attitude to coming home.
- If you can’t find your child and don’t know if they are safe, don’t waste time. Phone the police on 131 444 to report them missing.
Running away can be a sign that something serious is going wrong and you may need to seek professional help.
When they return
- Don’t launch into major discussions or lectures as soon as they walk in the door. Give them time to settle in first and know you care. Let them know you’ve been worried and you need to talk about what’s been happening.
- Allow them to ‘save face’. Don’t say things like ‘I knew you’d have to come crawling back!’
- Try to see and understand the problem from each other’s point of view. Try to work together on ways to make things different. Use each other’s ideas and work out what rules would work for both of you.
- Talk about the problem, not the person, e.g. you could say ’Wagging school is not going to help you get the things you want’ rather than ‘You’re hopeless and irresponsible.’
If you can’t talk together or you can’t seem to get anywhere, ask someone else to help you sort it out. A school counsellor could be a good place to start.
Looking for more information
ParentLink - for other parenting guides, online parenting information:
Child and Family Centres - for parenting information and support
Raising Children’s Network - covering topics for parenting newborns to teens
This guide’s content was produced by Parenting SA.
© Department of Education and Child Development, Government of South Australia. Reproduced with permission and adapted by the ACT Government to reflect Australian Capital Territory laws (11/17).
Important: This information is not intended to replace advice from a qualified practitioner.
Published by ParentLink
Community Services Directorate, GPO Box 158, Canberra ACT 2601, email , telephone 13 34 27.
ACT Government Publication No. 17/0608 (August 2017).