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HI SB492

Bill

Status

Introduced

1/23/2015

Primary Sponsor

Suzanne Chun Oakland

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Origin

Senate

2015 Regular Session

AI Summary

S.B. 492 Summary

  • Allows minors age 16 or older who have resided in Hawaii for 12 months to petition family court for emancipation; petition must be filed by the minor themselves, not parents or guardians.

  • Court must appoint a guardian ad litem and client-directed counsel for the minor, provide informational materials about rights and responsibilities, and notify parents or guardians of the hearing.

  • Court may grant emancipation by clear and convincing evidence if minor is married, on active military duty, abandoned by parents, or is self-supporting and living separately with parental consent or in the minor's best interest.

  • Emancipated minors gain adult rights including ability to enter contracts, sue independently, retain earnings, establish domicile, authorize own medical care, and make estate planning documents, while remaining subject to age-based constitutional and health/safety regulations.

  • Court may require parents or guardians to pay for court-ordered services including petition filing, guardian ad litem fees, counsel, and mental health evaluations.

Legislative Description

Emancipation of Minors; Children; Parents; Family Court

Last Action

Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL.

2/20/2015

Committee Referrals

Judiciary and Labor2/20/2015
Human Services and Housing1/26/2015

Full Bill Text

No bill text available