Questions to ask yourself before running away

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

If you have already run away or if you have been kicked out of your home, we want you to know your rights as a runaway in Maine.

Can I be arrested?

  • NO. You cannot be arrested, fingerprinted or put in jail for running away from home if you live in Maine. Every state is different.
  • The police can take you into what is called “interim care” for up to 6 hours.  This is NOT an arrest.  The police officer will decide if they will take you into “interim care.” They do not have to. 
  • If you are in a safe place, like a friend's house and your friend's parents agree you can stay there, the officer may let you stay there while you make a plan for your future. 
  • If the officer thinks you are not safe and takes you into “interim care,” they must call your parent or guardian and DHHS. The police can ask your parents to take you home only if you and your parents agree to you going home. If you do not agree, the police must take you to where DHHS says you should go. 
  • Sometimes the police will bring you home even though you told them you do not agree.  If that happens, call Kids Legal (866) 624-7787. 

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. They may call your parents. They may do nothing. They may offer you short-term emergency services. 
  • If the DHHS worker thinks you will get hurt if you go home, they 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 to help you and your family work things out so you can go back home and be safe, or make a permanent safety plan for you outside of your parents' home.

Can an adult I am staying with be arrested?

  • In Maine, there is no crime of "harboring a minor." 
  • If an adult is letting you stay with them so you are not on the streets AND you can leave their home at any time (they are not keeping you there), then no law is broken. The adult should not be arrested. 
  • Every state is different. So, do not cross state lines. The adult and/or you can get in trouble if you leave Maine.

Are there places I can go for help?

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

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.  Work with shelter staff to make a safety plan for your future.

Can I get my stuff from home?

  • That depends.  Even though you use things at home, like your furniture, computer, tv, and phone, they may not be yours.  Most things are probably not yours. 
  • If your parents bought the property you use and it was not a gift to you, then the property belongs to your parents.  You do not have a right to take it. 
  • Anything that you bought, even if it was from allowance or gift money, is yours.  Anything that was a gift to you, like a tv for your birthday, is yours.  You have the right to take your property.
  • If your parents will not let you take it, you can contact the police to report it as stolen or have an adult file a small claims case on your behalf for the return of your property.

Can I get medical care without my parents?

YES. You can get 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 parent's permission. The medical provider you go to will decide if they will treat you. If you get treatment, your parents cannot be notified.  If your parents try to find out why you went for treatment, the doctor cannot tell them unless you sign a release form.  You are responsible for paying for the appointment unless you have MaineCare or health insurance that will pay for it. 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 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 a Complaint for Protection From Abuse against the person who is abusing you, even if it is your parent.
    • If you are under 18 or are not legally emancipated, an adult who is a "person responsible" for you must bring the court case on your behalf.  A person responsible for you is an adult who is responsible for your health or welfare.  It does not have to be your parent or legal guardian.  A DHHS worker can also bring a case on your behalf even if you are not in DHHS custody. If you are unaccompanied and do not have anyone over 18 to file the court papers on your behalf, contact Kids Legal for assistance. 
    • If you are over 18 or you are legally emancipated, you can bring the case on your own.  
    • You can get the forms at the local District Court or online. You may want to go to your local domestic violence project or sexual assault support agency for help.
  • 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.
  • 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 do not want to get emancipated, or if you are under 16 years old, an adult can file a petition to be your legal guardian.  This means they act as your parent.  The adult has to file a Petition for Guardianship in the county Probate Court where you are staying.  More on Guardianship of a Minor.

Can I go to school?

  • Some runaway students are considered "homeless students."
  • You are a homeless student when you do not have an "adequate, fixed, regular 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 stay in the school you were attending before you ran away or became homeless for the rest of the school year, or the school in the area where you are now staying.
  • The school must provide transportation to your former school or new school for the rest of the school year.  The school must let you in the day you call them and/or show up even if you don't have all the documents you need.  If the school makes you wait, call Kids Legal.
  • 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 Kids Legal. More on Rights of Homeless Students

Where can I call for support?

  • National Runaway Switchboard: (800) RUNAWAY
  • Homeless Crisis Hotline: (800) 438-3890
  • Covenant House NineLine: (800) 999-9999
  • Maine Crisis Hotline: (207) 774-HELP