HF 2055

as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2017 01:29pm

A bill for an act
relating to juveniles; safety and placement; providing for the emancipation of
minors in certain situations; amending Minnesota Statutes 2016, section 518A.39,
subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 260C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [260C.701] EMANCIPATION OF MINORS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin A minor who has reached the age of 16 may petition the
juvenile court for emancipation in the county in which the minor resides.
new text end

new text begin Subd. 2. new text end

new text begin Petition. new text end

new text begin (a) A petition for emancipation must be filed with the court in the
county in which the minor resides and contain:
new text end

new text begin (1) the petitioning minor's name, date of birth, and address and the name and date of
birth of any of the petitioner's minor children;
new text end

new text begin (2) the minor's parent's name, date of birth, and address, if known;
new text end

new text begin (3) the minor's legal guardian or custodian's name, date of birth, and address, if known;
new text end

new text begin (4) the basis for the emancipation;
new text end

new text begin (5) whether or not the minor's parent or legal custodian is in support of the emancipation;
and
new text end

new text begin (6) whether the minor is the subject of or a party to any pending judicial proceedings in
the state of Minnesota or any other jurisdiction.
new text end

new text begin (b) At the discretion of the court, the minor's current address may be classified as
confidential. The petition must be served as required in the Minnesota Rules of Juvenile
Protection Procedure.
new text end

Sec. 2.

new text begin [260C.702] EMANCIPATION OF MINORS; INVESTIGATION AND
HEARING.
new text end

new text begin (a) The court shall provide 30 days' notice regarding the petition to the minor's parent,
the minor's legal guardian, the minor, and any other party to the action.
new text end

new text begin (b) After a hearing on the petition, the court may enter an order declaring the minor
emancipated if the court finds:
new text end

new text begin (1) the minor does not object to the emancipation;
new text end

new text begin (2) the emancipation is in the best interest of the child pursuant to section 260C.511;
new text end

new text begin (3) the minor willingly lives separate and apart from the minor's parent or guardian with
the consent of the minor's parent or guardian;
new text end

new text begin (4) the minor is managing the minor's financial affairs;
new text end

new text begin (5) the minor has completed high school, is enrolled in and will continue to attend high
school, or is working toward a general education development diploma;
new text end

new text begin (6) the minor has demonstrated to the court a complete understanding of the effects of
the emancipation; and
new text end

new text begin (7) except where domestic abuse has occurred between a parent and the minor under
section 518B.01, subdivision 2, paragraph (a), a custodial parent of the minor or a parent
who has parenting time with the minor pursuant to a court order has not raised an objection
to the emancipation.
new text end

Sec. 3.

new text begin [260C.703] EMANCIPATION OF MINORS; ORDER AND EFFECT OF
EMANCIPATION.
new text end

new text begin Subdivision 1. new text end

new text begin Order. new text end

new text begin (a) The order declaring the minor emancipated shall indicate that
the minor has the rights in paragraph (b).
new text end

new text begin (b) Notwithstanding any law to the contrary, the court shall order the following in the
emancipation of a minor:
new text end

new text begin (1) the minor may consent to medical care, dental care, psychiatric care, and contract
for health or dental insurance without the knowledge or consent of the minor's parent;
new text end

new text begin (2) the minor may manage the minor's own finances, open a bank account, and enter
into a binding contract, including a lease agreement or agreement for credit;
new text end

new text begin (3) the minor may sue or be sued in the minor's own name;
new text end

new text begin (4) the minor is entitled to the minor's own earnings and is free from control by the
parent or guardian;
new text end

new text begin (5) the minor may apply for, and receive in the minor's own name, public assistance,
Social Security benefits, or other aid and support;
new text end

new text begin (6) the minor may establish the minor's own residence, including renting, leasing, or
purchasing real property;
new text end

new text begin (7) the minor may not be the subject of a petition under this chapter or in violation of a
juvenile curfew ordinance enacted by a local government, except as indicated under
subdivision 2;
new text end

new text begin (8) the minor may enroll in any school or college in the minor's own name and apply
for financial aid without parental consent;
new text end

new text begin (9) the minor may sign releases for the release of confidential information or health care
information and obtain vital records, including a Minnesota birth certificate;
new text end

new text begin (10) the minor may marry without parental, judicial, or other consent; and
new text end

new text begin (11) the minor may enlist in the military without the parent's consent.
new text end

new text begin (c) The court order must indicate that the parent is no longer the guardian of the minor
and that the parent is relieved of the obligation (1) to support the minor, (2) to require school
attendance, or (3) to be civilly liable for the minor's acts when those rights have been granted
to the emancipated minor.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin An emancipated minor is not considered an adult for the following
purposes:
new text end

new text begin (a) prosecution as an adult under criminal laws, except as provided in chapter 260B and
other laws applicable to minors who are not emancipated;
new text end

new text begin (b) criminal laws of the state when the minor is a victim and the age of the victim is an
element of the offense; or
new text end

new text begin (c) specific constitutional and statutory age requirements regarding voting, consumption
and purchase of alcoholic beverages, tobacco purchases, driving, possession of firearms,
gambling, and other health and safety regulations.
new text end

new text begin Subd. 3. new text end

new text begin Review hearings; termination. new text end

new text begin An emancipation granted pursuant to this
section shall be reviewed by the court every six months. The jurisdiction of the court over
the minor's emancipation shall terminate on the minor's 18th birthday.
new text end

Sec. 4.

new text begin [260C.704] EMANCIPATION OF MINORS; REVOCATION.
new text end

new text begin At any time before the emancipated minor reaches 18 years of age, the emancipated
minor or an interested third party may petition for a revocation of the emancipation, and
the court shall revoke the emancipation order if the minor agrees to the revocation or if the
requirements of section 260C.702, paragraph (b), are no longer met.
new text end

Sec. 5.

new text begin [260C.705] EMANCIPATION OF MINORS; FORMS; CONSTRUCTION
WITH OTHER LAWS.
new text end

new text begin Subdivision 1. new text end

new text begin Forms. new text end

new text begin The state court administrator shall prepare and each court
administrator shall make available petition for emancipation forms.
new text end

new text begin Subd. 2. new text end

new text begin Construction; other laws. new text end

new text begin Nothing in this section alters the rights of
unemancipated minors that are granted under other laws.
new text end

Sec. 6.

Minnesota Statutes 2016, section 518A.39, subdivision 5, is amended to read:

Subd. 5.

Automatic termination of support.

(a) Unless a court order provides otherwise,
a child support obligation in a specific amount per child terminates automatically and without
any action by the obligor to reduce, modify, or terminate the order upon the emancipation
of the child as provided under section 518A.26, subdivision 5 new text begin , or 260C.701 new text end .

(b) A child support obligation for two or more children that is not a support obligation
in a specific amount per child continues in the full amount until the emancipation of the last
child for whose benefit the order was made, or until further order of the court.

(c) The obligor may request a modification of the obligor's child support order upon the
emancipation of a child if there are still minor children under the order. The child support
obligation shall be determined based on the income of the parties at the time the modification
is sought.