Choose from the following categories:
Abused Pregnant Teens | Right to Public Education | Judicial Bypass | Emancipation
Abused Pregnant Teens
Q. Tamika has been dating Kurt for six months. Since Tamika found out she was pregnant, Kurt has not been acting like himself. He loses his temper very quickly and has hit her the last several times that they have been alone. Tamika has asked Kurt not to come around her anymore but Kurt keeps showing up and insisting that she go home with him. Can Tamika do anything about this behavior?
A. Yes. Tamika can file an application for a protective order. Protective orders are court orders that require one person to stay away from another. The police can arrest the person who breaks this order.
Q. Laura is 16 years old and Steve is 20 years old. They have been dating for 9 months. Steve is thinking about having sex with Laura. Steve tells his friends this and they tell him that having sex with Laura is statutory rape. Steve thinks his friends are wrong. Who is correct?
A. Steve’s friends are correct. If Steve has sex with Laura, it would be considered statutory rape under Texas law because Steve is at least three years older than Laura. He has no defense to any possible prosecutions. In Texas , a 17 year-old is allowed to consent to sexual contact. Her partner can be of any age except for three years younger than she is. Even if Laura agrees to have sex with Steve, Texas law considers her too young to consent to have sex as she is still considered a child because she is not 17.
Q. Brandi is 16 years old and is thinking of running away from home. She would like to live with her aunt and uncle. Her aunt and uncle would love to have her but her parents will not allow it. If Brandi runs away from home to live with her aunt and uncle, can Brandi’s aunt and uncle face criminal charges?
A. Yes. Brandi’s aunt and uncle may face criminal charges for harboring a runaway if Brandi’s parents report her as a runaway. However, before Brandi runs away from home, her aunt and uncle can file for legal guardianship of Brandi, and then a judge would decide if it would be better for Brandi to live with her aunt and uncle and not her parents.
Q. Elizabeth has a 6-month-old son and lives in an abusive home. She is 16 years old and has nowhere to go. Can Elizabeth and her son check into a shelter?
A. Yes. Elizabeth may stay without her parent’s consent if she gives consent for herself and her son.
Do you have other questions about abuse, violence, and pregnancy? Read our pages on abuse, what to do if you are a victim of crime, and protective orders, or call the Jane’s Due Process Legal Hotline at 1-866-999-5263
Right to Public Education
Q. Sarah is eight weeks pregnant. She has not been feeling well and is having a hard time concentrating in class. She is afraid to tell anyone because she has heard that she will be forced to leave school. Can Sarah’s school make her leave because she is pregnant?
A. No. Sarah has a right to stay in school throughout her pregnancy. She has the rights of every other student. She may attend her regular classes and participate in school activities.
Q. Ebony attends St. Christopher’s Catholic School . She is four weeks pregnant. Ebony is worried that the school will make her leave. Should Ebony be worried?
A. Maybe. Private schools that are not funded by the government do not guarantee that they will treat students equally. Some private schools do receive federal money. If Ebony’s school receives any federal funds, it cannot make Ebony leave school because she is pregnant.
Q. Ana is 16 years old and four months pregnant and her school principal has asked her to attend an alternative school in her district. Ana is concerned because she knows the alternative school does not offer the AP classes that she needs for college. Must Ana attend the alternative school because she is pregnant?
A. No. A pregnant teen may not be forced to attend an alternative education program. The decision to leave school and attend an alternative program is entirely up to Ana.
Q. Tena is 17 years old and 7 months pregnant. Her guidance counselor is worried that having a baby and going to school will be too much for Tena to handle and wants Tena to get her GED. Does Tena have to leave school and get her GED?
A. No. Tena has a legal right to stay in her regular school, no matter what reasons are given by her guidance counselor or any other school employee telling her to leave school. The decision to leave school and and get a GED is entirely up to Tena.
Q. Cassandra is 2 months pregnant and wants to get an abortion. She is afraid that she will be kicked out of her chapter of the National Honor Society if she gets the abortion. Can she be kicked out?
A. No. The National Honor Society cannot ask Cassandra to leave simply because she has had an abortion.
Q. Greta is 2 months pregnant and 16 years old. She is thinking about going to her school guidance counselor for advice about her pregnancy options. Must her communications with the guidance counselor be kept confidential?
A. No. If Greta’s guidance counselor hears any information that tells her that Greta has had sexual contact with another person, the guidance counselor may have to report the sexual contact to law enforcement.
Do you have other questions about pregnant teens’ right to an education? Read our page on education or call the Jane’s Due Process Legal Hotline at 1-866-999-5263
Judicial Bypass
Q. Kandyse has lived with her grandmother since she was seven years old. They have a good relationship and talked about Kandyse’s pregnancy and the decision to get an abortion. Her grandmother never had any problems signing school or medical paperwork for Kandyse before, but the clinic they went to wouldn’t let her sign to give consent for Kandyse to have the procedure. Is there anything they can do?
A. Yes, Kandyse probably needs a judicial bypass. Unless Kandyse’s grandmother has papers to prove that she went to court and became Kandyse’s legal guardian or managing conservator, she can’t legally sign to give consent for Kandyse’s abortion. Kandyse will need to show the judge that she is mature and informed about her pregnancy options or that it would not be in her best interest to notify and try to get consent from her parents.
Q. Grace told her mother about being pregnant, but her mother refuses to help her get an abortion. Grace’s father has been going to a new church with his new wife that believes abortion is always wrong. She feels like if she asked her father for help she would be forcing him to choose between her and his new wife. Does Grace have to make sure her father won’t sign for her before she applies for a judicial bypass?
A. No, she doesn’t. If Grace meets the requirements for a judicial bypass, she can get one without telling her father. You can get a judicial bypass whether both parents know about your pregnancy, only one parent knows, or without out telling either one at all.
Q. Veronica lives with both parents and her younger siblings. She doesn’t think her parents would kick her out or abuse her if she talked to them about wanting an abortion, but she still doesn’t want to tell them. Her mom has been sick and her father is usually out working. They have been relying on Veronica to take care of her brothers and sisters and help out a lot around the house. Veronica doesn’t want to make them feel guilty about not being able to spend more time with her and she worries that the stress would make her mom worse. Can Veronica get a bypass?
A. Yes, if Veronica can convince a judge that she is mature enough and well enough informed about her pregnancy options, or if she can convince a judge that it wouldn’t be in her best interest to tell her parents, she can get a judicial bypass even if her relationship with her parents is otherwise pretty good.
Q. Julissa is in foster care. She knows she doesn’t want to have a baby and she thinks her social worker might agree that an abortion is the best choice for her right now, but she’s worried that her foster parents would try to stop her from having an abortion if they found out she was pregnant. Can Julissa’s social worker sign the consent form for her without her foster parents finding out?
A. No. Social workers are not allowed to consent to abortions for youth in foster care. If Julissa has a parent whose rights have not been terminated, that parent can sign the consent form for her. The only other way for her to have an abortion is to get a judicial bypass. If Julissa wants to keep her foster parents and other people from finding out about her abortion, she should talk to her lawyer about making sure the judge’s order says that her abortion must be kept confidential.
Do you have other questions about judicial bypass? Read the Judicial Bypass and Abortion pages or call the Jane’s Due Process Legal Hotline at 1-866-999-5263.
Emancipation
Q. Jasmine’s dad kicked her out of the house when he found out she was pregnant. She has been staying in her car and with friends for the last three weeks. Can Jasmine get emancipated so that she can consent to an abortion and find a place to live without involving her dad?
A. No, probably not. If Jasmine doesn’t have a stable place to live, she’ll have a very hard time convincing a judge that she meets all the requirements for emancipation (removal of disabilities of minority). If Jasmine wants an abortion, she should apply for a judicial bypass waiver right away while she figures out what else to do. A judicial bypass is MUCH faster and easier to get than emancipation.
Q. Angela is going to college and living away from her family, but she is still under 18. She is afraid that if her parents find out she is pregnant, they will make her leave school and come home to have the baby. Can she get emancipated so that she can have an abortion without anybody finding out?
A. No, probably not. If Angela is under 18 and unmarried she is still considered a minor and needs either parental consent or a judicial bypass to have an abortion, even if she is done with high school, going to college, or living away from home. If someone else is supporting Angela financially (like if her parents are helping her pay for college), she does not qualify to be emancipated (to have her disabilities of minority removed).
Q. Karla’s mother went back to Mexico, but left Karla living with her older sister in Texas so she could finish school here. Her sister signs the papers for Karla’s school and other medical appointments without any problems, but the abortion clinic said Karla had to have a parent’s signature. Karla doesn’t know how to get in touch with her father. Can she get emancipated so she can sign for herself?
A. No. If Karla’s sister (or anyone else) helps support her, Karla does not qualify to be emancipated (to have her disabilities of minority removed). Karla can still get a judicial bypass to have an abortion without a parent’s signature.
Do you have other questions about emancipation? Read our page about emancipation or call the Jane’s Due Process Legal Hotline at 1-866-999-5263.
If you are a pregnant minor in Texas, Jane’s Due Process is here to help you understand and exercise your legal rights. You are not alone. CALL Jane’s Due Process’ Legal Hotline: 1-866-WWW-JANE or 1-866-999-5263. Or TEXT to 512-270-7190.
