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HI SB821

Bill

Status

Engrossed

3/9/2021

Primary Sponsor

Joy San Buenaventura

Click for details

Origin

Senate

2022 Regular Session

AI Summary

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

  • Requires the court to appoint a guardian ad litem and client-directed legal counsel for the minor, provide informational materials about emancipation, and conduct investigations or mental health evaluations as needed.

  • 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.

  • Specifies emancipated minors retain rights including entering contracts, suing independently, retaining earnings, establishing domiciles, authorizing medical care, obtaining licenses, marrying, and executing estate planning documents, while remaining subject to age-based constitutional and statutory restrictions (voting, alcohol, health and safety regulations).

  • Requires parents or legal guardians to pay for all court-ordered services related to the emancipation petition; effective date July 1, 2060.

Legislative Description

Relating To Children.

Family Court

Last Action

Carried over to 2022 Regular Session.

12/10/2021

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