7/2/2023 0 Comments Age of consent in pa![]() ![]() If a school district is unwilling to collect the information it needs to determine if the minor is emancipated, legal assistance may be required. The school district should focus on whether the minor still lives with his or her parents/guardians or other adult, and whether the minor is getting financial support from parents/guardians or another adult. Instead, the school district can decide if a minor is still under "control or charge" of an adult, by evaluating the circumstances. The law does not require the minor, or the minor's parents/guardians or other adult who previously assumed care for the minor, to get a declaration of emancipation of the minor from the court, to be relieved from responsibility under truancy law. Therefore, unless a minor's parents, guardians or other adult who has previously assumed responsibility for the minor, can prove they no longer have actual "control or charge" over the minor, they may be subject to a penalty if the minor in their care does not go to school. " may be fined or put in jail if the child in their care does not go to school. In addition, the military services often refuse to enlist persons who have not graduated from high school.Īccording to Pennsylvania truancy law, "Every parent, guardian, or person in parental relation, having control or charge of any child. However, dropping out of school is strongly discouraged, as most jobs that provide decent wages require a high school and/or additional education. A 16-year-old minor who has a job during school hours, and holds an employment certificate, may also drop out of school. At age 17, a minor may leave school without permission from the school, or from the minor's parents or guardians. This is known as the compulsory age for school attendance. State law says a minor must stay in school from age eight until age 17. If you are homeless and are having trouble getting accepted into school, call the McKinney-Vento state coordinator for Pennsylvania at (717) 772-2066 for help. The law that provides this right is called the McKinney-Vento Act. They can attend school in the district where they are staying, even if their "residence" is a homeless shelter, park or car. Homeless students, defined as: "individuals who lack a fixed, regular, and adequate nighttime residence.due to loss of housing, economic hardship, or a similar reason" do not need to get an adult to sign a residency affidavit. (Provided here in PDF is a copy of the School Affidavit Form for use in Pennsylvania). Northwestern Legal Services has affidavit forms that conform to the requirements of Pennsylvania law. However, before the minor can enroll, the adult resident must sign a notarized affidavit which says he or she is providing all financial support to the minor, and will be responsible for the minor's school attendance and behavior. Pennsylvania law says if that adult provides all housing, financial support and parental guidance for the minor, the minor may attend school in the school district where the adult supporting him or her lives. This is not required if the student is homeless or lives with a relative or other adult who resides in another school district. ![]() Please note: specific laws forbid minors from participating in certain activities, such as alcohol purchase and consumption, whether or not a minor is emancipated.Ī minor must normally attend school in the public school district where his or her parents reside. ![]() Therefore, it is usually not necessary for a minor to go to court to be declared emancipated. Government agencies usually have the authority to decide if a minor is emancipated, to authorize the benefit or service they administer. However, a minor usually wants to be declared emancipated to get a specific benefit or service. However, rarely is such a declaration necessary for a minor to achieve his or her goal.Ĭertain actions automatically result in a minor becoming emancipated-these include marriage or entry into the military. But in Pennsylvania, emancipation is not a right, and there are no clear procedures to get a declaration of emancipation from a court. Most people think someone less than 18 can just go to court and get emancipated. ![]()
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