Minors can enter into contracts including apartment leases. But they can also "void" any contract that does not involve a "necessity" and no longer be held to its terms. If a contract is for a "necessity," such as food or emergency medical care, the minor cannot void the contract. If housing is considered a necessity, then the minor can enter into the contract, and the landlord is not at risk of the child breaking the contract. Housing may be considered a necessity depending on the minor's status and situation, however the Massachusetts courts have not clearly defined whether housing classifies as a "necessity.
Reading Housing Authority, 8 F. Minors are not guaranteed public housing for the same reason. So, although minors should be allowed to apply for public housing, and legally have the right to sign a lease, they are not guaranteed this housing. To improve their chances of obtaining housing, minors might want to provide their landlord with proof that they have a job or a means to pay the rent.
Catalog Record: The emancipation of Massachusetts | Hathi Trust Digital Library
Providing references, finding a co-signer over 18 years of age, or giving evidence of a good credit history can also help. Minors who have obtained a court ordered emancipation may have more luck seeking public or subsidized housing than unemancipated minors under federal and state housing regulations. Temporary housing can also be hard for a minor to obtain on his or her own, because shelters must notify either a minor's parents or the Department of Social Services within 72 hours after a minor arrives at a shelter.
It may be easier for a teen parent to obtain housing independent of his or her parents through the welfare department. Again, however, in many cases where the teen parent is on his or her own, and especially where the teen parent is quite young, the Department of Social Services will be asked to figure out what is the best living situation for the teen parent and his or her child.
Generally, for regular doctor visits, in non-emergency situations, a minor must obtain parental consent, unless the minor is:. In addition to the above categories, Massachusetts Courts have adopted the "mature minor rule. Minors may also consent to their own treatment for drug addiction if they are at least 12 years old , family planning services, or treatment for sexually transmitted diseases including HIV or AIDS. A minor who is at least 16 years old may commit himself or herself for mental health treatment without parental consent.
A minor need not obtain the consent of both parents. Planned Parenthood League v. If the minor cannot obtain the consent of one parent or chooses not to ask either parent for consent, the child may petition a judge of the superior court to obtain consent. A minor is entitled to an attorney during this proceeding. A judge may consent to the abortion after deciding about the minor's maturity level, independence and living circumstances. Although the process of obtaining consent from a judge can be stressful, it is designed to be confidential and as take as little time as possible.
Please call for information about this process. Emancipated minors and minors who are married, divorced, or widowed may consent to abortion or sterilization without judicial or parental consent.
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In re Rena, 46 Mass. Until a minor turn eighteen, he or she cannot work in certain places or during particular hours.
The rules are complicated and exceptions exist for certain jobs, but the most basic rules are as follows. A minor does not need to be legally emancipated from his or her parents to obtain public assistance in Massachusetts. Some minors who are pregnant or teen parents are eligible for cash TAFDC , food stamps, and medical Medicaid benefits on behalf of their babies. However, under welfare reform the rules have become much more complicated.
The welfare rules require most teen parents under 18 either to live at home with their parent s , relatives, or a guardian, in order to eligible to receive TAFDC for themselves and their children. If the teen claims, and the Department of Social Services investigates and confirms, that the teen parent is unable to live at home or with adult relatives because of abuse, neglect, or addiction in the home, or other extraordinary circumstances, the teen and his or her child will not be forced to move home but will be required to live in a group home for teen parents in order to receive TAFDC.
In some limited circumstances, such as if the teen parent has graduated from an independent living program, a teen parent may live on her own and still be eligible for welfare. In addition, all young parents who are under age 20 must either attend school full-time, participate in a full-time GED program combined with other employment-related activities totaling 20 hours per week, be a high school graduate or have their GED. Childcare and transportation should be provided.
If childcare is not available, a teen parent is exempt from the school requirement. The amount of cash assistance available to teen parents depends upon how much income and resources the teen has and also upon the income of the teen's parents if the teen lives at home.
If the parents also receive TAFDC, the teen and the baby are just added to the family's welfare grant. If not, the parents will be required to reveal their income so the teen's grant can be calculated. If the teen is not required to live with her parents then the parents' income does not count. Parents may be contacted by the Welfare Department to pay child support for children under the age of eighteen. There are a many other rules that must be followed in order to obtain benefits. Minors who are not pregnant or not parents may also be eligible for welfare under a separate program.
Because of the recent complex changes in the law, teens should check with the Children's Law Center or their local legal services office to learn of their rights before they apply. Contact the Legal Service Office in your area to learn more about your legal rights concerning emancipation, benefits and other concerns. These offices can also sometimes give you information about other agencies that can assist you. The Children's Law Center of Massachusetts has phone assistance hours: Monday through Friday 9: You have the right to an interpreter.
You may be able to get free legal help from your local legal aid program. Or email a question about your own legal problem to a lawyer. Emancipation and the Legal Rights of Minors in Massachusetts. Show Endnotes Hide Endnotes. Produced by Children's Law Center of Massachusetts. Overview Emancipation ends the parents' rights to control his or her minor child or to participate in any decision-making about the child. Does Massachusetts have a formal court procedure where a minor can achieve Emancipated status?
Important Even if you think that your situation is a very good case for emancipation, remember that, if the judge is not convinced that emancipation is clearly in the minor's best interests and your story sounds like there may be abuse, neglect, or abandonment of you by your parent or guardian, the judge may call the Department of Social Services.
What is the age of majority in Massachusetts, and does this grant immediate emancipation?
The Emancipation of Massachusetts
The "age of majority" in Massachusetts is eighteen. Is a minor emancipated if he or she enlists in the military? Is a minor emancipated if he or she gets married? Is a minor emancipated if he or she has a child? If a minor runs away from home, is he or she considered emancipated? What factors do courts look to in determining whether a minor is emancipated? Has there been a specific agreement by the parents to give up their rights in exchange for the minor giving up his of her right to support? Is the minor living at home? Is the minor paying room and board if living at home?
Does the minor pay rent elsewhere? Do the parents exercise disciplinary control over the minor and to what extent? Is the minor independently employed? Can the minor spend his or her earnings without control of the parents? Is the minor responsible for his or her own bills? Does the minor own a car? Have the parents listed the child as dependant for tax purposes? Can a minor lease or rent an apartment, get public housing, or emergency shelter?
Refresh and try again. Open Preview See a Problem? Thanks for telling us about the problem. Return to Book Page. The Emancipation of Massachusetts by Brooks Adams. This is a pre historical reproduction that was curated for quality. Quality assurance was conducted on each of these books in an attempt to remove books with imperfections introduced by the digitization process.
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- Massachusetts law about emancipation of minors | theranchhands.com!
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- Emancipation and the Legal Rights of Minors in Massachusetts.
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Lists with This Book. This book is not yet featured on Listopia. Nov 04, Peter rated it it was ok Shelves: Another read courtesy of Project Gutenberg while temping, and another from the fourth generation of prominent Adamses. Brooks was the younger brother of Henry Adams whose "Education" I reread a little bit ago in similar circumstances , grandson of John Quincy Adams, etc. Brooks was a historian and a social theorist, and is probably best known as a foreign policy advisor to Theodore Roosevelt.
TR admired him but saw him as eccentric- he seems to have played a vaguely Gorka-like role, more of a b Another read courtesy of Project Gutenberg while temping, and another from the fourth generation of prominent Adamses. But in , Brooks Adams was much more optimistic, but still combative. He took aim at the filiopietistic New England historians that had, for some time, been singing hymns to their Puritan forefathers as the originators of freedom in the land.
He has a grand old time pillorying Cotton Mather and the various other pious bigots who ran things in the Puritan theocracy who could hardly complain, being great fans of the pillory themselves. Adams also did a lot of that trick beloved in the early days of the historical profession and drowning the reader in pages and pages of direct quotes from his sources in their barely-legible period English.