(a) A petition for emancipation may be filed in a circuit court by any party to a dependency-neglect, dependency, family in need of services, or delinquency case.
(b) The petition shall be served along with a notice of hearing to the juvenile's parent, legal guardian, or legal custodian.
(c) The circuit court may emancipate a juvenile in a dependency-neglect, dependency, family in need of services, or delinquency case.
(d) (1) The court may emancipate the juvenile after a hearing on the petition if the petitioner shows by a preponderance of the evidence that:
(A) The juvenile is at least seventeen (17) years of age;
(B) The juvenile is willing to live separate and apart from his or her parent, legal guardian, or legal custodian;
(C) The juvenile has an appropriate place to live;
(D) The juvenile has been managing or has the ability to manage his or her own financial affairs;
(E) The juvenile has a legal source of income, such as employment or a trust fund;
(F) The juvenile has healthcare coverage or a realistic plan on how to meet his or her health needs;
(G) The juvenile agrees to comply with the compulsory school attendance laws; and
(H) Emancipation is in the best interest of the juvenile.
(2) The court shall consider the wishes of the parent, legal guardian, or legal custodian in making its decision.
(3) If the juvenile has an attorney ad litem, the court shall consider the recommendation of the attorney ad litem.
(e) An order of emancipation has the following effects:
(1) The juvenile has the right to obtain and consent to all medical care, including counseling;
(2) The juvenile has the right to enter into contracts;
(3) The juvenile has the right to enroll himself or herself in school, college, or other educational programs;
(4) The juvenile has the right to obtain a driver's license without consent of a parent or other adult so long as the juvenile complies with the remaining requirements of the driver's license law;
(5) The juvenile's parent, legal guardian, or legal custodian is no longer legally responsible for the juvenile;
(6) The juvenile may still be charged with a delinquency and prosecuted in juvenile court;
(7) The juvenile may not marry without parental permission pursuant to ยง 9-11-102;
(8) The juvenile is not relieved from compulsory school attendance;
(9) The Department of Human Services is not relieved from the responsibility of providing independent living services and funding for which the juvenile is eligible upon request by the juvenile;
(10) Child support orders are not terminated but may cease upon entry of an order from the court that issued the order of child support;
(11) Until the juvenile reaches the age of majority, the juvenile remains eligible for federal programs and services as a juvenile;
(12) The juvenile is not permitted to obtain items prohibited for sale to or possession by a minor, such as tobacco or alcohol;
(13) The juvenile remains subject to state and federal laws enacted for the protection of persons under eighteen (18) years of age such as the prohibition against a juvenile's obtaining a tattoo; and
(14) No statute of limitations is affected.
Section: Previous 9-27-354 9-27-355 9-27-356 9-27-357 9-27-359 9-27-360 9-27-361 9-27-362 9-27-363 9-27-364 9-27-365 9-27-366 9-27-367 9-27-368 NextLast modified: November 15, 2016