Bill Text: HI SB821 | 2022 | Regular Session | Introduced
Bill Title: Relating To Children.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [SB821 Detail]
Download: Hawaii-2022-SB821-Introduced.html
THE SENATE |
S.B. NO. |
821 |
THIRTY-FIRST LEGISLATURE, 2021 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
||
|
A BILL FOR AN ACT
relating to children.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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] the minor
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]
subsection shall be deemed to confer upon [such person] a minor
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]
subsection shall change the status of [such persons as minors] a
person as a minor in connection with any criminal law, nor affect the
exclusive original jurisdiction of the family court over [such persons] a
person under section 571-11(1).
(b) A minor who has reached the age of sixteen may
petition the family court in the circuit in which the minor resides for a
determination that the minor named in the petition be emancipated. The petition shall:
(1) Outline how the
minor has demonstrated independent capabilities, separate from the minor's
parents or guardians, in matters of care, custody, control, and earnings; and
(2) Be filed by the
minor seeking emancipation. A parent or
guardian shall not petition, individually or on behalf of the minor, for an
order of emancipation.
(c) Pursuant to a
petition for emancipation under subsection (b), the court may:
(1) Require child
welfare services to investigate any reports or allegations of child abuse or
neglect and to file a report of that investigation with the court; or
(2) Require the
minor to receive a mental health evaluation from an appropriate mental health
professional, as arranged for by the court or the minor's parents or guardians.
(d) Pursuant to a petition for emancipation under
subsection (b), the court shall:
(1) Appoint a
guardian ad litem for the minor;
(2) Appoint
client-directed legal counsel to represent the minor throughout the emancipation
proceedings and advise the minor regarding the rights, responsibilities, and
legal consequences associated with emancipation;
(3) Provide the
minor with an informational pamphlet and counseling explaining the minor's
rights and responsibilities as an emancipated minor and a listing of
alternatives to emancipation, if available;
(4) Provide service
of the petition and notice of hearing to the minor's parents or legal
guardians. If needed, the court
appointed counsel shall assist the minor to locate the minor's parents or legal
guardians. Upon a showing of due
diligence to locate the minor's parents or legal guardians, the court may waive
notice requirements; and
(5) At a hearing on
the petition prior to issuing a ruling on the petition, ensure the minor
understands the rights, responsibilities, and alternatives, if any, to
emancipation.
(e) Pursuant to a petition for emancipation under
subsection (b), the court may enter an order declaring the minor emancipated
if, after a hearing, it is found by clear and convincing evidence that:
(1) The minor is on
active duty with any of the armed forces of the United States of America; or
(2) The minor
willingly resides separate and apart from the minor's parents or legal guardians
irrespective of their consent, the minor understands the rights,
responsibilities, and alternatives, if any, to emancipation, the minor is
currently self-supporting or is capable of self-support and managing the
minor's own financial affairs, and that emancipation is in the best interest of
the minor.
(f) A minor emancipated under subsection (e)
shall be considered to have the rights and responsibilities of an adult, except
for those specific constitutional and statutory age requirements including but
not limited to voting, consuming or purchasing liquor, and other relevant
health and safety regulations imposed based on age. A minor shall be considered emancipated for
the purposes of, but not limited to, all of the following:
(1) The right to
enter into enforceable contracts, including apartment leases;
(2) The right to
sue or be sued in the minor's own name;
(3) The right to
retain personal earnings;
(4) The right to
establish a separate domicile;
(5) The right to
act autonomously, and with the rights and responsibilities of an adult, in all
business relationships, including but not limited to 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) The right to
earn a living, subject only to the health and safety regulations designed to
protect those under the age of majority regardless of their legal status;
(7) The right to
file as an individual under state statutes and rules regarding income taxes;
(8) The right to
authorize personal preventive health care, medical care, dental care, mental
health care, and substance abuse treatment without knowledge or liability of a
parent or legal guardian;
(9) The right to
apply for a driver's license or other state licenses for which the minor may be
eligible;
(10) The right to
register for school;
(11) The right to
marry;
(12) The right to
personally apply for medical and other public assistance benefits administered
by the State or the counties, if needed;
(13) The right, if
the minor is a parent, to make decisions and give authority in caring for the
minor's child; and
(14) The right to
execute a will and other estate planning documents, including trust documents,
durable power of attorney, and an advance health care directive.
(g) The court may require a minor's parents or
legal guardians to pay for any services ordered by the court for the minor
pursuant to a petition for emancipation under subsection (b), including service
of the petition, the guardian ad litem, legal counsel, or mental health
providers.
(h) If a petitioning minor has an active case
under chapter 587A pursuant to sections 571-11(9) and 587A‑5,
then the proceeding for emancipation shall be stayed until the final
disposition of the chapter 587A case.
(i) For the purposes of this section, "minor" means a person under the age of majority."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
_____________________________ |
|
|
Report Title:
Emancipation of Minors; Children; Parents; Family Court
Description:
Allows a minor who has reached the age of 16 to petition the Family Court for emancipation, and directs the court regarding investigation of the petition, appointment of legal counsel and a guardian ad litem for the petitioner, and the findings necessary to grant the petition. Specifies the rights gained by the minor upon emancipation and authorizes the court to require the minor's parents or legal guardians to pay for any services ordered by the court. Requires emancipation proceedings to be stayed until final disposition of the minor's child protective case under Chapter 587A, HRS.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.