Bill Text: HI HB349 | 2023 | Regular Session | Amended
Bill Title: Relating To Children.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-06-14 - Act 079, 06/14/2023 (Gov. Msg. No. 1180). [HB349 Detail]
Download: Hawaii-2023-HB349-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
349 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CHILDREN.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 571-11, Hawaii Revised Statutes, is amended to read as follows:
"§571-11 Jurisdiction; children. Except as otherwise provided in this chapter, the court shall have exclusive original jurisdiction in proceedings:
(1) Concerning any
person who is alleged to have committed an act [prior to] before
achieving eighteen years of age that would constitute a violation or attempted
violation of any federal, state, or local law or county ordinance. Regardless of where the violation occurred,
jurisdiction may be taken by the court of the circuit where the person resides,
is living, or is found, or in which the offense is alleged to have occurred;
(2) Concerning any
child living or found within the circuit[:] who is:
(A) [Who is
neglected] Neglected as to or deprived of educational services
because of the failure of any person or agency to exercise that degree of care
for which it is legally responsible;
(B) [Who is beyond]
Beyond the control of the child's parent or other custodian or whose
behavior is injurious to the child's own or others' welfare;
(C) [Who is neither]
Neither attending school nor receiving educational services required by
law whether through the child's own misbehavior or nonattendance or otherwise;
or
(D) [Who is in]
In violation of curfew;
(3) To determine the custody of any child or appoint a guardian of any child;
(4) For the adoption of a person under chapter 578;
(5) For the termination of parental rights under sections 571-61 through 571-63;
(6) For judicial consent to the marriage, employment, or enlistment of a child, when consent is required by law;
(7) For the treatment or commitment of a mentally defective or mentally ill child, or a child with an intellectual disability;
(8) Under the Interstate Compact on Juveniles under chapter 582 or the Interstate Compact for Juveniles under chapter 582D;
(9) For the protection of any child under chapter 587A;
(10) For a change of
name as provided in section 574-5(a)(2)(C); [and]
(11) Concerning custody or guardianship of an immigrant child
pursuant to a motion for special immigrant juvenile factual findings requesting
a determination that the child was abused, neglected, or abandoned before the
age of eighteen years for purposes of section 101(a)(27)(J) of the federal
Immigration and Nationality Act. For
the purposes of this paragraph, "child" means an unmarried individual
under the age of twenty-one years[.]; and
(12) Concerning emancipation of a minor pursuant to section 577-25."
SECTION 2. Section 577-25, Hawaii Revised Statutes, is amended to read as follows:
"[[]§577-25[]]
Emancipation of certain minors. (a) Any law to the contrary notwithstanding, a
minor [who has been married pursuant to chapter 572] shall be deemed to
be emancipated [and shall be regarded as though he or she were of legal age
and shall have all the rights, duties, privileges, and responsibilities
provided by the civil law to a person who has reached the age of majority under
civil law; provided that:
(1) Nothing in this
section shall be deemed to confer upon such person the right to vote in any
federal, state, or county election or the right to purchase, possess, or sell
alcoholic beverages; and
(2) Nothing in this
section shall change the status of such persons as minors in connection with
any criminal law, nor affect the exclusive original jurisdiction of the family
court over such persons under section 571-11(1).
For purposes of this section,
"minor" means a person under the age of majority.] if the
minor has:
(1) Entered into a valid marriage pursuant to
chapter 572; or
(2) Received a declaration of emancipation
issued by the family court pursuant to
this section.
(b) An emancipated minor shall be considered to
have the rights and responsibilities of an adult; provided that nothing in this
section shall:
(1) Be deemed to confer
upon an emancipated minor the right to vote in any federal, state, or county
election, or the right to purchase, possess, consume, or sell alcoholic
beverages, tobacco products, or electronic smoking devices;
(2) Prevent the
petitioning minor from continuing to receive educational, mental health, or
other services the minor is receiving solely due to the minor's age; or
(3) Change the
status of the emancipated minor to be deemed a minor in connection with any
criminal law or affect the exclusive original jurisdiction of the family court
over such persons under sections 571-11(1) and (12).
(c)
A minor shall be considered emancipated for the purposes
of, but not limited to, the right to:
(1) Enter into
enforceable contracts, including apartment leases;
(2) Sue or be sued
in the minor's own name;
(3) Retain the
minor's personal earnings;
(4) Establish a
separate domicile;
(5) Act autonomously,
and with the rights and responsibilities of an adult, in all business
relationships, including property transactions and obtaining accounts for
utilities, except for estate or property matters that a court determines may
require a conservator or guardian ad litem;
(6) Earn a living,
subject only to the health and safety regulations designed to protect individuals
under the age of majority regardless of their legal status;
(7) File the
minor's own tax returns and pay taxes pursuant to applicable personal income
tax laws;
(8) Authorize the
minor's own preventive health care, medical care, dental care, mental health
care, and substance abuse treatment without knowledge or liability of the
minor's parents or guardian;
(9) Apply for a
driver's license or other state licenses for which the minor may be eligible;
(10) Register for
school;
(11) Marry;
(12) Apply to
medical and other public assistance programs administered by the State or its
political subdivisions;
(13) If the
minor is a parent, make decisions and give authority in caring for the minor's
child; and
(14) Execute a will
and other estate planning documents, including trust documents, durable power
of attorney, and an advance health care directive.
(d) A minor who has reached the age of sixteen
years who seek to be emancipated may file a petition for a declaration of
emancipation with the family court in the circuit in which the minor
resides. The petition shall be filed on
behalf of the minor seeking emancipation by a youth service organization
recognized by the department of human services or an attorney of the minor, and
a parent or guardian of a minor shall not, in their individual capacity or as a
representative or agent of the minor, petition for emancipation of the minor.
(e) The petition for a declaration of
emancipation shall be signed and verified by the petitioning minor, and shall
include:
(1) The minor's full name
and birth date;
(2) A certified
copy of the minor's birth certificate, if available;
(3) The name and
last known address of the minor's parents or guardian;
(4) The minor's
present address and duration of the minor's residency at that address;
(5) A declaration
by the minor attesting that:
(A) The
minor resides
separately and apart from the minor's parents or guardian at the minor's own
will;
(B) The
minor is managing or
has the ability to manage the minor's financial affairs, including
supporting documentation
of the minor's income and expenses;
(C) The
minor is managing or
has the ability to manage the minor's personal and social affairs,
including supporting documentation on proof of housing; and
(D) The
source of the minor's income is not derived from any activity in violation of
any laws of the State or the United States; and
(6) Any other
information deemed necessary by the court.
The judiciary shall prepare and make available to
the public forms that may be used for emancipation proceedings.
(f) Upon receipt of the petition, the court shall:
(1) Set a date for hearing
on the petition as soon as practicable;
(2) Issue a summons
requiring the appearance of the minor's parents or guardian and any other
person deemed necessary by the court unless the parents or guardian and the
person deemed necessary by the court promise in writing to appear voluntarily;
(3) Appoint a
guardian ad litem to represent the interest of the minor throughout the
pendency of the minor's emancipation proceedings; and
(4) Require the
minor to undergo a mental health evaluation conducted by a licensed mental
health professional, as arranged for by the court or the minor's parents or
guardian.
Nothing
in this subsection shall be construed to prevent the petitioning minor from
obtaining the minor's own legal counsel to represent the minor in the
emancipation proceeding.
(g) The fees and costs of a guardian ad litem
appointed pursuant to subsection (f) may be paid for by the court, unless the
minor or the minor's parents or guardian have sufficient funds.
(h) The mental health evaluation ordered pursuant
to subsection (f) shall be paid for by the minor or the minor's parents or
guardian, or, if they are unable to, the evaluation shall be conducted by the
child and adolescent mental health division of the department of health.
(i)
Proceedings for a petition for declaration of emancipation shall be heard
by the court separately from hearings of adult cases and without a jury. The court shall grant the petition and issue a
declaration of emancipation if it finds clear and convincing evidence that:
(1) The minor is at
least sixteen years of age;
(2) The minor is a
resident of the State;
(3) The minor
resides separately and apart from the minor's parents or guardian at the minor's own will, with
or without the parents' or guardian's consent;
(4) The minor is
managing or has the ability to manage the minor's financial affairs;
(5) The minor is
managing or has the ability to manage the minors' personal and social affairs;
(6) The source of
the minor's income is not derived from any activity in violation of any laws of
the State or the United States;
(7) The minor
understands the minor's rights and responsibilities as an emancipated minor in
the State, and has been given the time and opportunity to consider alternatives
to emancipation, if any, before conclusion of the hearing;
(8) The minor is
not seeking emancipation under duress, including by coercion of a parent or
guardian; and
(9) Emancipation is
in the best interest of the minor.
A declaration of emancipation issued by the court
shall be conclusive evidence that the minor is emancipated and shall terminate
the rights of the minor's parents to the custody, control, services and
earnings of the minor.
(j) A declaration of emancipation obtained by
fraud or by the withholding of material information shall be voidable. A petition to void a declaration of
emancipation on the ground that the declaration was obtained by fraud or by the
withholding of material information may be filed by any person with the family
court that issued the declaration of emancipation.
(k) A declaration of emancipation of a minor who
has subsequently become indigent with no means of support shall be subject to
rescission. A petition to rescind a declaration
of emancipation on the ground that the minor has become indigent may be filed
by:
(1) The minor
declared emancipated;
(2) The minor's parents
or former guardian; or
(3) The corporation
counsel or county attorney of the county in which the minor resides,
with a family court in the circuit in which the
minor or the parents or former guardian resides.
(l) Upon filing of a petition to void or rescind
a declaration of emancipation pursuant to subsections (j) or (k), the court
shall:
(1) Set a date for hearing
on the petition as soon as practicable; and
(2) Issue a summons
requiring the appearance of the minor if the minor is not the petitioner, the
minor's parents or former guardian, and any other person deemed necessary by
the court unless the minor, the minor's parents or former guardian, and the
person deemed necessary by the court promise in writing to appear
voluntarily. Summons issued to the
parents or former guardian of the minor shall be accompanied by a statement
that they may be liable to provide support to the minor, including provision of
medical insurance coverage, if the declaration of emancipation is voided or
rescinded. Liability shall not accrue to
a parent or guardian of a minor whose emancipation has been voided or rescinded
until the parent or guardian has actual notice of the voidance or rescission.
(m) Proceedings for a petition to void or rescind
a declaration of emancipation shall
be heard by the court separately from hearings of adult cases and without a
jury. The court shall grant the petition
and issue an order:
(1) Voiding the
declaration of emancipation if the court finds clear and convincing evidence
that the declaration was obtained by fraud or by the withholding of material
information; or
(2) Rescinding the declaration
of emancipation if the court finds clear and convincing evidence that the
rescission of the declaration of emancipation will be in the best interest of
the minor.
The voiding or rescission of a declaration of
emancipation shall not alter any contractual obligation or right or any
property right or interest that arose during the period that the declaration
was in effect.
(n) Service of summons issued pursuant to this section shall be made
personally by the delivery of a copy thereof, together with a copy of the
relevant petition, to the person summoned; provided that if a judge determines
that personal service of the summons is impracticable, the judge may order
service by certified or registered mail addressed to the last known address, or
by publication, or both. Service
effected no less than forty-eight hours before the time fixed in the summons
for the return thereof shall be sufficient to confer jurisdiction; provided
that jurisdiction shall be conferred if any person who might be so summoned
appears voluntarily at the time and place appointed and waives the service and the
notice.
Service of summons, process, or any
notice required by this section may be made by any suitable person under the
direction of the court and upon request of the court shall be made by any
police officer.
(o) Notwithstanding any other law to the
contrary, and except as otherwise provided in this section, the court shall
order reasonable fees for counsel, experts, and other costs of services
required in relation to a petition for declaration of emancipation, including
reasonable fees for service of process of the petition, summons, and notice of
hearing, and services provided by mental health providers, to be paid by the
minor's parents or guardian, regardless of whether the fees were incurred by
the minor or other parties or ordered by the court.
(p) The petitioner or any other person admitted
as party to a petition hearing concerning emancipation of a minor pursuant to
this section may file an appeal from the court's issuance of or denial of a
declaration of emancipation, an order voiding a declaration of emancipation, or
an order rescinding a declaration of emancipation pursuant to section 571-54.
(q)
As used in this section:
"Emancipation" means termination
of the rights of the parents of a minor to the custody, control, services, and
earnings of a minor.
"Guardian" means a person
appointed or qualified by a court as a guardian of an individual and includes a
limited guardian, but excludes a person who is merely a guardian ad litem.
"Minor" means a person under the age of majority."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on June 30, 3000.
Report Title:
Emancipation of Minors; Family Court
Description:
Expands the original jurisdiction of family court to include proceedings for declaration of emancipation of minors. Specifies the rights of an emancipated minor. Establishes procedures for the emancipation of minors. Effective 6/30/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
