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HI HB349

Bill

Status

Passed

6/14/2023

Primary Sponsor

Linda Ichiyama

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

HB 349 Summary

  • Adds family court jurisdiction over emancipation proceedings, allowing minors age 16 and older to petition for a declaration of emancipation with assistance from a youth service organization or attorney.

  • Emancipated minors gain rights to enter contracts, sue independently, manage finances, establish separate domiciles, authorize their own medical care, and execute estate planning documents, while remaining subject to age restrictions on voting and alcohol/tobacco purchases.

  • Requires petitioners to demonstrate they reside separately from parents/guardians, manage their financial and personal affairs, have lawful income sources, and that emancipation serves their best interests, based on clear and convincing evidence at a court hearing.

  • Mandates court appointment of a guardian ad litem, mental health evaluation, and notice to parents or guardians; allows parents to be ordered to pay associated legal fees and costs unless the minor has sufficient funds.

  • Permits emancipation declarations to be voided for fraud or material omissions, or rescinded if the minor becomes indigent, with reinstatement of parental support obligations upon notice.

Legislative Description

Relating To Children.

Jurisdiction

Last Action

Act 079, 06/14/2023 (Gov. Msg. No. 1180).

6/14/2023

Committee Referrals

Judiciary3/9/2023
Finance2/16/2023
Judiciary & Hawaiian Affairs2/6/2023
Human Services1/25/2023

Full Bill Text

No bill text available