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HI SB492
Bill
Status
1/23/2015
Primary Sponsor
Suzanne Chun Oakland
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AI Summary
S.B. 492 Summary
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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.
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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.
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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.
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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.
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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