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HI SB821

Bill

Status

Engrossed

3/9/2021

Primary Sponsor

Joy San Buenaventura

Click for details

Origin

Senate

2021 Regular Session

AI Summary

  • Allows minors age 16 and older to petition the family court for emancipation, with the minor (not parents or guardians) filing the petition.

  • Requires courts to appoint a guardian ad litem and legal counsel for the petitioning minor, provide an informational pamphlet about emancipation rights and alternatives, and conduct investigations or mental health evaluations.

  • Grants emancipation by clear and convincing evidence if the minor is on active military duty or willingly resides separately, understands the consequences, is self-supporting or capable of self-support, and emancipation is in their best interest.

  • Emancipated minors gain adult rights including contract enforcement, suing/being sued, retaining earnings, establishing domicile, authorizing medical care, filing taxes independently, and executing wills and estate documents, except for age-restricted activities like voting and purchasing alcohol.

  • Requires parents or legal guardians to pay for all court-ordered services including legal counsel, guardian ad litem, and mental health providers; effective July 1, 2060.

Legislative Description

Relating To Children.

Family Court

Last Action

The committee(s) on JHA recommend(s) that the measure be deferred.

3/23/2021

Committee Referrals

Judiciary & Hawaiian Affairs3/19/2021
Health, Human Services, & Homelessness3/11/2021
Judiciary2/17/2021
Human Services1/29/2021

Full Bill Text

No bill text available