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In reply to the discussion: Pregnant Teen Wins Abortion Battle [View all]happyslug
(14,779 posts)For example Massachusetts has no formal way to Emancipate a minor, thus the common law rule apples. i.e. if the Child is no longer under the Care, Control or Supervision of the child's parents due to some act of the parent. For more see the following:
http://www.clcm.org/edemancipate.html
http://www.lawlib.state.ma.us/subject/about/emancipation.html
Now, Massachusetts, like most states have has some sort of Child Protection Service (or Children and Youth, both names are used nationwide) whose jurisdiction covers children under 19 who are in "danger" from abuse or neglect. Such Child Protection Service has the right to step in and force a child back with the child's parents (or other placement) if the child can NOT take care of themselves.
The problem is the jurisdiction of Child Protective Service or Children and Youth Service is INDEPENDENT of Emancipation. Child Protective Services can step in and protect a child, who is emancipated AND leave that child be emancipated once the child is out of "Danger". Furthermore if the emancipated Minor is NOT in "Danger" such Child Protective Service has no jurisdiction over the child.
On the other hand Child Protective Service can step in and say the reason the child is in "Danger" is that the child was Emancipated, and end the Emancipation. Common Law Rule as to Emancipation always permitted Children to go in and out of Emancipation so this is NOT much of a change.
Thus, under the Common Law, being able to support themselves is NOT a factor if a child was Emancipated by their parent, but is a factor under Child Protective Services Jurisdiction.
Just pointing out that from a strict legal rule, your statement is WRONG as to Emancipation, for you are confusing it with the duties of support a parent owes to a Child under Child Protective Services Jurisdiction In most cases Emancipation would NOT trigger an intervention by Child Protective Services, but in those cases where it does, Child Protective Services can undo the Emancipation.