I need assistance dealing with a delinquent 16-year old brother. Over the past months, he's refused to go to school, causes violence in the household, and violates many rules established by the apartment complex; in fear of being evicted due to his actions. His mother doesn't want to file an incorrigibility petition due to fear of retribution from Wayne County Family Court. Here are my questions:
1. Can myself, as his brother, file a Petition of Incorrigibility against him even without having parent / guardian status? What forms would I file?
2. Can I have him evicted and/or sue him in civil court to have him removed from the household for negligence, breach of contract, or any other legal tort before the apartment complex terminates our lease?
Criminal Defense Attorney
Incorrigibility is proper as defined by the Juvenile Code when: "The juvenile is repeatedly disobedient to the reasonable and lawful commands of his or her parents, guardian, or custodian, and the court finds on the record by clear and convincing evidence that court-accessed services are necessary."
It appears that you cannot file this. The prosecuting attorney can file a petiton as well, but good luck getting them to do that. Unless a crime has been committed, they're going to tell mom to "parent your child."
As to question #2, the answer is no. He can't enter into a contract because he's only 16, so you can't sue him for breaching one. Since he's a minor, his parents/guardians are responsible for his proper care and custody. The apartment complex cannot move against your brother, so they move against your mother instead. They figure if they get rid of mom, they'll also be rid of your brother. To file an eviction, they must be able to cite and prove a breach of the lease and convince a judge that eviction is proper.
If you simply kick your brother out, he'll be homeless. Since mom is responsible for his care/custody, she will then risk an inquiry by Child Protective Services for failing to provide for his support.
1 lawyer agrees