Bill Text: MN HF2754 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Emancipation of minors provided.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-03-10 - Authors added Dehn, R., and Slocum [HF2754 Detail]
Download: Minnesota-2013-HF2754-Introduced.html
1.2relating to juveniles; safety and placement; providing for the emancipation of
1.3minors in certain situations;amending Minnesota Statutes 2012, section 518A.39,
1.4subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 260C.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [260C.701] EMANCIPATION OF MINORS.
1.7 Subdivision 1. Application. A minor who has reached the age of 16 may petition
1.8the juvenile court for emancipation in the county in which the minor resides.
1.9 Subd. 2. Petition. (a) A petition for emancipation must be filed with the court in the
1.10county in which the minor resides and contain:
1.11(1) the petitioning minor's name, date of birth, and address and the name and date of
1.12birth of any of the petitioner's minor children;
1.13(2) the minor's parent's name, date of birth, and address, if known;
1.14(3) the minor's legal guardian or custodian's name, date of birth, and address,
1.15if known;
1.16(4) the basis for the emancipation;
1.17(5) whether or not the minor's parent or legal custodian is in support of the
1.18emancipation; and
1.19(6) whether the minor is the subject of or a party to any pending judicial proceedings
1.20in the state of Minnesota or any other jurisdiction.
1.21(b) At the discretion of the court, the minor's current address may be classified as
1.22confidential. The petition must be served as required in the Minnesota Rules of Juvenile
1.23Protection Procedure.
2.1 Sec. 2. [260C.702] EMANCIPATION OF MINORS; INVESTIGATION AND
2.2HEARING.
2.3 Subdivision 1. Investigation; guardian ad litem; appointment of counsel. The
2.4court may:
2.5(1) appoint a neutral third party to investigate the claims in the petition and evaluate
2.6the need for the emancipation of the minor;
2.7(2) appoint a guardian ad litem to advise the court on the best interest of the child; and
2.8(3) appoint counsel for the petitioning minor or the minor's parents.
2.9The court may require a party to the case to pay the costs associated with the appointment
2.10of a neutral third party, guardian ad litem, or counsel for the child or parent.
2.11 Subd. 2. Hearing. (a) The court shall provide 14 days notice regarding the petition
2.12to the parents, the minor's legal guardian, the minor, and any other party to the action.
2.13(b) After a hearing on the petition, the court may enter an order declaring the minor
2.14emancipated if the court finds:
2.15(1) the minor does not object to the emancipation;
2.16(2) the emancipation is in the best interest of the child pursuant to section 260C.511;
2.17(3) the minor has a plan for stable housing that has been approved by the court;
2.18(4) the minor has completed high school, is enrolled in and will continue to attend
2.19high school, or is working toward a general education development diploma;
2.20(5) the minor has demonstrated to the court a complete understanding of the effects
2.21of the emancipation; and
2.22(6) except where domestic abuse has occurred between a parent and the minor under
2.23section 518B.01, subdivision 2, paragraph (a), a custodial parent of the minor has not
2.24raised an objection to the emancipation.
2.25 Sec. 3. [260C.703] EMANCIPATION OF MINORS; ORDER AND EFFECT
2.26OF EMANCIPATION.
2.27 Subdivision 1. Order. (a) The order declaring the minor emancipated must indicate
2.28which of the rights in paragraph (b) of this subdivision the child is entitled to under the
2.29emancipation. The court may grant a partial emancipation and does not have to grant all of
2.30the rights under paragraph (b). Rights not granted to the emancipated minor will require
2.31the approval or action of the parent or legal guardian of the minor.
2.32(b) Notwithstanding any law to the contrary, the court may order any of the
2.33following in the emancipation of a minor:
2.34(1) the minor may consent to medical care, dental care, psychiatric care, and contract
2.35for health or dental insurance without the knowledge or consent of the minor's parents;
3.1(2) the minor may manage the minor's own finances, open a bank account, and enter
3.2into a binding contract, including a lease agreement or agreement for credit;
3.3(3) the minor may sue or be sued in the minor's own name;
3.4(4) the minor is entitled to the minor's own earnings and is free from control by the
3.5parent or guardian;
3.6(5) the minor may apply for, and receive in the minor's own name, public assistance,
3.7Social Security benefits, or other aid and support;
3.8(6) the minor may establish the minor's own residence, including renting, leasing, or
3.9purchasing real property;
3.10(7) the minor may not be the subject of a petition under chapter 260C or in violation
3.11of a juvenile curfew ordinance enacted by a local government, except as indicated under
3.12subdivision 2 of this section;
3.13(8) the minor may enroll in any school or college in the minor's own name and apply
3.14for financial aid without parental consent;
3.15(9) the minor may sign releases for the release of confidential information or health
3.16care information and obtain vital records, including a Minnesota birth certificate;
3.17(10) the minor may marry without parental, judicial, or other consent; and
3.18(11) the minor may enlist in the military without the parent's consent.
3.19(c) The court order must indicate that the parents are no longer the guardians of the
3.20minor and that the parents are relieved of the obligation (1) to support the minor, (2) to
3.21require school attendance, or (3) to be civilly liable for the minor's acts when those rights
3.22have been granted to the emancipated minor.
3.23 Subd. 2. Exceptions. An emancipated minor is not considered an adult for the
3.24following purposes:
3.25(a) prosecution as an adult under criminal laws, except as provided in chapter 260B
3.26and other laws applicable to minors who are not emancipated;
3.27(b) criminal laws of the state when the minor is a victim and the age of the victim
3.28is an element of the offense; or
3.29(c) specific constitutional and statutory age requirements regarding voting,
3.30consumption and purchase of alcoholic beverages, tobacco purchases, driving, possession
3.31of firearms, gambling, and other health and safety regulations.
3.32 Subd. 3. Review hearings; termination. Emancipations granted pursuant to this
3.33section shall be reviewed by the court every six months. The jurisdiction of the court over
3.34the minor's emancipation shall terminate on the minor's 18th birthday.
3.35 Sec. 4. [260C.704] EMANCIPATION OF MINORS; REVOCATION.
4.1At any time before the emancipated minor reaches 18 years of age, the emancipated
4.2minor or an interested third party may petition for a revocation of the emancipation, and
4.3the court shall revoke the emancipation order if the minor agrees to the revocation or if the
4.4requirements of section 260C.702, subdivision 2, paragraph b, are no longer met.
4.5 Sec. 5. [260C.705] EMANCIPATION OF MINORS; FORMS; CONSTRUCTION
4.6WITH OTHER LAWS.
4.7 Subdivision 1. Forms. The state court administrator shall prepare and each court
4.8administrator shall make available petition for emancipation forms.
4.9 Subd. 2. Construction; other laws. Nothing in this section alters the rights of
4.10unemancipated minors that are granted under other laws.
4.11 Sec. 6. Minnesota Statutes 2012, section 518A.39, subdivision 5, is amended to read:
4.12 Subd. 5. Automatic termination of support. (a) Unless a court order provides
4.13otherwise, a child support obligation in a specific amount per child terminates automatically
4.14and without any action by the obligor to reduce, modify, or terminate the order upon the
4.15emancipation of the child as provided under section518A.26, subdivision 5 , or 260C.701.
4.16(b) A child support obligation for two or more children that is not a support obligation
4.17in a specific amount per child continues in the full amount until the emancipation of the
4.18last child for whose benefit the order was made, or until further order of the court.
4.19(c) The obligor may request a modification of the obligor's child support order
4.20upon the emancipation of a child if there are still minor children under the order. The
4.21child support obligation shall be determined based on the income of the parties at the
4.22time the modification is sought.
1.3minors in certain situations;amending Minnesota Statutes 2012, section 518A.39,
1.4subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 260C.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [260C.701] EMANCIPATION OF MINORS.
1.7 Subdivision 1. Application. A minor who has reached the age of 16 may petition
1.8the juvenile court for emancipation in the county in which the minor resides.
1.9 Subd. 2. Petition. (a) A petition for emancipation must be filed with the court in the
1.10county in which the minor resides and contain:
1.11(1) the petitioning minor's name, date of birth, and address and the name and date of
1.12birth of any of the petitioner's minor children;
1.13(2) the minor's parent's name, date of birth, and address, if known;
1.14(3) the minor's legal guardian or custodian's name, date of birth, and address,
1.15if known;
1.16(4) the basis for the emancipation;
1.17(5) whether or not the minor's parent or legal custodian is in support of the
1.18emancipation; and
1.19(6) whether the minor is the subject of or a party to any pending judicial proceedings
1.20in the state of Minnesota or any other jurisdiction.
1.21(b) At the discretion of the court, the minor's current address may be classified as
1.22confidential. The petition must be served as required in the Minnesota Rules of Juvenile
1.23Protection Procedure.
2.1 Sec. 2. [260C.702] EMANCIPATION OF MINORS; INVESTIGATION AND
2.2HEARING.
2.3 Subdivision 1. Investigation; guardian ad litem; appointment of counsel. The
2.4court may:
2.5(1) appoint a neutral third party to investigate the claims in the petition and evaluate
2.6the need for the emancipation of the minor;
2.7(2) appoint a guardian ad litem to advise the court on the best interest of the child; and
2.8(3) appoint counsel for the petitioning minor or the minor's parents.
2.9The court may require a party to the case to pay the costs associated with the appointment
2.10of a neutral third party, guardian ad litem, or counsel for the child or parent.
2.11 Subd. 2. Hearing. (a) The court shall provide 14 days notice regarding the petition
2.12to the parents, the minor's legal guardian, the minor, and any other party to the action.
2.13(b) After a hearing on the petition, the court may enter an order declaring the minor
2.14emancipated if the court finds:
2.15(1) the minor does not object to the emancipation;
2.16(2) the emancipation is in the best interest of the child pursuant to section 260C.511;
2.17(3) the minor has a plan for stable housing that has been approved by the court;
2.18(4) the minor has completed high school, is enrolled in and will continue to attend
2.19high school, or is working toward a general education development diploma;
2.20(5) the minor has demonstrated to the court a complete understanding of the effects
2.21of the emancipation; and
2.22(6) except where domestic abuse has occurred between a parent and the minor under
2.23section 518B.01, subdivision 2, paragraph (a), a custodial parent of the minor has not
2.24raised an objection to the emancipation.
2.25 Sec. 3. [260C.703] EMANCIPATION OF MINORS; ORDER AND EFFECT
2.26OF EMANCIPATION.
2.27 Subdivision 1. Order. (a) The order declaring the minor emancipated must indicate
2.28which of the rights in paragraph (b) of this subdivision the child is entitled to under the
2.29emancipation. The court may grant a partial emancipation and does not have to grant all of
2.30the rights under paragraph (b). Rights not granted to the emancipated minor will require
2.31the approval or action of the parent or legal guardian of the minor.
2.32(b) Notwithstanding any law to the contrary, the court may order any of the
2.33following in the emancipation of a minor:
2.34(1) the minor may consent to medical care, dental care, psychiatric care, and contract
2.35for health or dental insurance without the knowledge or consent of the minor's parents;
3.1(2) the minor may manage the minor's own finances, open a bank account, and enter
3.2into a binding contract, including a lease agreement or agreement for credit;
3.3(3) the minor may sue or be sued in the minor's own name;
3.4(4) the minor is entitled to the minor's own earnings and is free from control by the
3.5parent or guardian;
3.6(5) the minor may apply for, and receive in the minor's own name, public assistance,
3.7Social Security benefits, or other aid and support;
3.8(6) the minor may establish the minor's own residence, including renting, leasing, or
3.9purchasing real property;
3.10(7) the minor may not be the subject of a petition under chapter 260C or in violation
3.11of a juvenile curfew ordinance enacted by a local government, except as indicated under
3.12subdivision 2 of this section;
3.13(8) the minor may enroll in any school or college in the minor's own name and apply
3.14for financial aid without parental consent;
3.15(9) the minor may sign releases for the release of confidential information or health
3.16care information and obtain vital records, including a Minnesota birth certificate;
3.17(10) the minor may marry without parental, judicial, or other consent; and
3.18(11) the minor may enlist in the military without the parent's consent.
3.19(c) The court order must indicate that the parents are no longer the guardians of the
3.20minor and that the parents are relieved of the obligation (1) to support the minor, (2) to
3.21require school attendance, or (3) to be civilly liable for the minor's acts when those rights
3.22have been granted to the emancipated minor.
3.23 Subd. 2. Exceptions. An emancipated minor is not considered an adult for the
3.24following purposes:
3.25(a) prosecution as an adult under criminal laws, except as provided in chapter 260B
3.26and other laws applicable to minors who are not emancipated;
3.27(b) criminal laws of the state when the minor is a victim and the age of the victim
3.28is an element of the offense; or
3.29(c) specific constitutional and statutory age requirements regarding voting,
3.30consumption and purchase of alcoholic beverages, tobacco purchases, driving, possession
3.31of firearms, gambling, and other health and safety regulations.
3.32 Subd. 3. Review hearings; termination. Emancipations granted pursuant to this
3.33section shall be reviewed by the court every six months. The jurisdiction of the court over
3.34the minor's emancipation shall terminate on the minor's 18th birthday.
3.35 Sec. 4. [260C.704] EMANCIPATION OF MINORS; REVOCATION.
4.1At any time before the emancipated minor reaches 18 years of age, the emancipated
4.2minor or an interested third party may petition for a revocation of the emancipation, and
4.3the court shall revoke the emancipation order if the minor agrees to the revocation or if the
4.4requirements of section 260C.702, subdivision 2, paragraph b, are no longer met.
4.5 Sec. 5. [260C.705] EMANCIPATION OF MINORS; FORMS; CONSTRUCTION
4.6WITH OTHER LAWS.
4.7 Subdivision 1. Forms. The state court administrator shall prepare and each court
4.8administrator shall make available petition for emancipation forms.
4.9 Subd. 2. Construction; other laws. Nothing in this section alters the rights of
4.10unemancipated minors that are granted under other laws.
4.11 Sec. 6. Minnesota Statutes 2012, section 518A.39, subdivision 5, is amended to read:
4.12 Subd. 5. Automatic termination of support. (a) Unless a court order provides
4.13otherwise, a child support obligation in a specific amount per child terminates automatically
4.14and without any action by the obligor to reduce, modify, or terminate the order upon the
4.15emancipation of the child as provided under section
4.16(b) A child support obligation for two or more children that is not a support obligation
4.17in a specific amount per child continues in the full amount until the emancipation of the
4.18last child for whose benefit the order was made, or until further order of the court.
4.19(c) The obligor may request a modification of the obligor's child support order
4.20upon the emancipation of a child if there are still minor children under the order. The
4.21child support obligation shall be determined based on the income of the parties at the
4.22time the modification is sought.
