ARIZONA STATE SENATE
Phoenix, Arizona
early emancipation of minors
Purpose
Requires the court to inquire if it is in the best interest of a juvenile to emancipate instead of ordering out-of-home placement.
Background
Currently, 24 states have
statutory emancipation procedures.
However, emancipation is unusual and authorized only in exceptional
circumstances. A common requirement in
these states is that the child must either already be successfully living
independently or show the maturity to do so.
Normally, emancipation can only occur by court order.
Arizona does not have
emancipation laws. A minor must have a
legal guardian until he/she reaches the age of 18. The court has determined emancipation in few specific
circumstances; for example, the court can find that a minor was emancipated for
purposes of a contract.
S.B. 1072 requires the court
during a child welfare and placement hearing to inquire if it is in the best
interest of a minor of at least 16 years to emancipate instead of ordering
out-of-home placement. This bill gives
the court an additional option for placement but does not require the
juvenile’s financial independence or ability to live on the juvenile's
own. The fiscal impact for this
legislation is unknown.
Provisions
1. Requires the court to inquire if it is in the best interest of a child of at least 16 years to emancipate instead of ordering out-of-home placement.
2. Requires the court, if it determines emancipation is in the child’s best interest, to include the emancipation order in its ruling.
3. Provides for a general effective date.
Prepared by Senate Staff
February 18, 2002