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HI HB1859
Bill
Status
3/6/2018
Primary Sponsor
Cindy Evans
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AI Summary
H.B. 1859 Summary
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Amends Hawaii Revised Statutes Section 577-25 to allow minors age 16 or older who have continuously resided in Hawaii for 12 months to petition the family court for emancipation based on demonstrated independent capabilities.
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Requires the court to appoint a guardian ad litem and client-directed legal counsel for the petitioning minor, provide informational materials about emancipation rights and alternatives, and notify parents or guardians of the petition.
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Court may grant emancipation upon clear and convincing evidence that the minor is on active military duty or willingly resides separately, understands the consequences, is self-supporting or capable of self-support, and emancipation serves the minor's best interest.
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Grants emancipated minors adult rights including entering contracts, suing independently, retaining earnings, establishing domiciles, accessing healthcare, filing taxes, marrying, and executing estate planning documents, while maintaining age-based restrictions on voting and alcohol purchases.
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Requires emancipation proceedings to be stayed if the minor has an active child protective case under Chapter 587A and authorizes courts to require parents or guardians to pay for court-ordered services; effective July 1, 3000.
Legislative Description
Relating To Children.
Family Court
Last Action
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
3/21/2018