SF 2277

Introduction - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to minors; establishing standards and 
  1.3             procedures for the emancipation of minors; proposing 
  1.4             coding for new law as Minnesota Statutes, chapter 260D.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [260D.01] [PETITION FOR EMANCIPATION.] 
  1.7      A minor who has reached the age of 16 and is residing in 
  1.8   this state, or any parent or legal guardian of that minor, may 
  1.9   petition the juvenile court for the county in which either the 
  1.10  minor or the minor's parents or legal guardian resides for a 
  1.11  determination that the minor named in the petition be 
  1.12  emancipated.  The petition must contain, in addition to the 
  1.13  information required by section 260C.141, subdivision 5, the 
  1.14  gender of the minor and, if the petitioner is not the minor, the 
  1.15  name of the petitioner and the relationship of the petitioner to 
  1.16  the minor.  
  1.17     Sec. 2.  [260D.02] [ORDERS OF COURT; INVESTIGATION; 
  1.18  APPOINTMENT OF COUNSEL.] 
  1.19     (a) The court may:  
  1.20     (1) require the local welfare agency or court services to 
  1.21  investigate the statements made in the petition and file a 
  1.22  report of that investigation with the court; 
  1.23     (2) appoint counsel for the minor's parents or legal 
  1.24  guardian, subject to reimbursement of these costs to the county; 
  1.25  or 
  2.1      (3) appoint counsel or a guardian ad litem for the minor.  
  2.2      (b) The court shall provide for reasonable notice regarding 
  2.3   the petition and a hearing on the petition to the minor's 
  2.4   parents or legal guardian and to the minor.  
  2.5      Sec. 3.  [260D.03] [HEARINGS; FINDINGS NECESSARY TO ORDER 
  2.6   THAT MINOR IS EMANCIPATED.] 
  2.7      The court may enter an order declaring the minor 
  2.8   emancipated if, after a hearing, it is found that: 
  2.9      (1) the minor has entered into a valid marriage, whether or 
  2.10  not that marriage has been terminated by dissolution; 
  2.11     (2) the minor is on active duty with any of the armed 
  2.12  forces of the United States of America; or 
  2.13     (3) the minor willingly lives separate and apart from the 
  2.14  minor's parents or legal guardian, with the consent or 
  2.15  acquiescence of the parents or legal guardian, and that the 
  2.16  minor is currently self-supporting or is capable of self-support 
  2.17  and of competently managing the minor's own financial affairs.  
  2.18     Sec. 4.  [260D.04] [EFFECTS OF ORDER.] 
  2.19     (a) An order that a minor is emancipated has the following 
  2.20  effects:  
  2.21     (1) the minor may consent to medical, dental, or 
  2.22  psychiatric care, without parental consent, knowledge, or 
  2.23  liability; 
  2.24     (2) the minor may enter into a binding contract or execute 
  2.25  a will; 
  2.26     (3) the minor may sue and be sued in the minor's own name; 
  2.27     (4) the minor is entitled to the minor's own earnings and 
  2.28  is free of control by the parents or guardian; 
  2.29     (5) the minor may establish the minor's own residence; 
  2.30     (6) the minor may buy and sell real property; 
  2.31     (7) the minor may not after that time be the subject of a 
  2.32  petition under chapter 260C or in violation of a juvenile curfew 
  2.33  ordinance enacted by a local governing body; 
  2.34     (8) the minor may enroll in any school or college, without 
  2.35  parental consent; 
  2.36     (9) the parents of the minor are no longer the guardians of 
  3.1   the minor; 
  3.2      (10) the parents of a minor are relieved of any obligations 
  3.3   respecting school attendance; 
  3.4      (11) the parents are relieved of all obligation to support 
  3.5   the minor; 
  3.6      (12) the minor is emancipated for the purposes of parental 
  3.7   liability for the minor's acts; 
  3.8      (13) the minor may execute releases in the minor's own 
  3.9   name; 
  3.10     (14) the minor may not have a guardian ad litem appointed 
  3.11  for the minor under any statute solely because the minor is 
  3.12  under age 18; and 
  3.13     (15) the minor may marry without parental, judicial, or 
  3.14  other consent.  
  3.15     (b) The acts done when an emancipation order is or is 
  3.16  purported to be in effect are valid notwithstanding any 
  3.17  subsequent action terminating the order or a judicial 
  3.18  determination that the order was void from its inception.  
  3.19     (c) An emancipated minor is not considered an adult for 
  3.20  purposes of: 
  3.21     (1) prosecution as an adult under the criminal laws of this 
  3.22  state, except as provided in chapter 260B and other law 
  3.23  applicable to minors who are not emancipated; 
  3.24     (2) criminal laws of this state when the minor is a victim 
  3.25  and the age of the victim is an element of the offense; or 
  3.26     (3) specific constitutional and statutory age requirements 
  3.27  regarding voting, use of alcoholic beverages, driving, 
  3.28  possession of firearms, and other health and safety regulations 
  3.29  relevant to the minor because of the minor's age. 
  3.30     (d) A declaration of emancipation obtained by fraud is 
  3.31  voidable.  
  3.32     Sec. 5.  [260D.05] [FORMS.] 
  3.33     The state court administrator shall prepare and distribute 
  3.34  to court administrators forms for use by minors seeking to 
  3.35  initiate a petition of emancipation.