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HI HB453
Bill
Status
1/25/2021
Primary Sponsor
Jackson Sayama
Click for details
AI Summary
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Allows minors aged 16 and older to petition the Family Court for emancipation, with the minor required to demonstrate independent capabilities in care, custody, control, and earnings.
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Court must appoint a guardian ad litem and client-directed legal counsel to represent the minor, provide informational materials about rights and responsibilities, and serve notice on parents or legal guardians.
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Court may grant emancipation upon clear and convincing evidence that the minor is on active military duty or willingly resides separate from parents, is self-supporting, understands the consequences, and emancipation is in the minor's best interest.
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Emancipated minors gain adult rights including entering contracts, suing/being sued, retaining earnings, establishing domicile, obtaining medical care, earning income, filing taxes, marrying, and executing estate planning documents, except for age-based restrictions on voting, alcohol, and health/safety regulations.
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Emancipation proceedings must be stayed if the petitioner has an active child protective case under Chapter 587A, and parents/guardians may be ordered to pay for court-ordered services including legal counsel and mental health evaluations.
Legislative Description
Relating To Children.
Family Court
Last Action
Referred to HHH, JHA, FIN, referral sheet 1
1/27/2021