Arizona Passes Emancipation Statute for Minors

It appears that Arizona finally has an emancipation of minors law. House Bill 2428 was transmitted to Governor Janet Napolitano on April 13, 2005 and signed by her five days later. A few highlights that I found interesting include:

1. A minor petitioning the court for emancipation cannot be a ward of the state or in the custody of any state agency.
2. The minor’s emancipation petition must be accompanied by at least one of the following:
(i) documentation that the minor has been living on the minor's own for at least three consecutive months.
(ii) a statement explaining why the minor believes the home of the minor's parent or legal guardian is not a healthy or safe environment.
(iii) a notarized statement that contains written consent to the emancipation and an explanation by the minor's parent or legal guardian.
3. The court may waive the initial filing fee for the petition, appoint a guardian ad litem for the petitioning minor, refer the parties to mediation, order Child Protective Services to investigate neglect, abuse or abandonment allegations.
4. An emancipated minor will then have much the same rights as an adult including the ability to enter into binding contracts and to sue/be sued in the courts.
5. Because the juvenile court is referenced, it appears that’s the Superior Court branch that will have jurisdiction over emancipation issues.

The text of the emancipation statutes follows below:


12-2451. Petition for emancipation order; requirements; notification; representation; waiver of filing fees
A. A MINOR WHO WISHES TO BE EMANCIPATED MAY FILE A PETITION FOR AN EMANCIPATION ORDER WITH THE CLERK OF THE COURT IN THE COUNTY IN WHICH THE MINOR RESIDES IF ALL OF THE FOLLOWING APPLY:
1. THE MINOR IS AT LEAST SIXTEEN YEARS OF AGE.
2. THE MINOR IS A RESIDENT OF THIS STATE.
3. THE MINOR IS FINANCIALLY SELF-SUFFICIENT.
4. THE MINOR ACKNOWLEDGES IN WRITING THAT THE MINOR HAS READ AND UNDERSTANDS INFORMATION THAT IS PROVIDED BY THE COURT AND THAT EXPLAINS THE RIGHTS AND OBLIGATIONS OF AN EMANCIPATED MINOR AND THE POTENTIAL RISKS AND CONSEQUENCES OF EMANCIPATION.
5. THE MINOR IS NOT A WARD OF THE COURT AND IS NOT IN THE CARE, CUSTODY AND CONTROL OF A STATE AGENCY.
B. A PETITION FILED PURSUANT TO THIS SECTION MUST CONTAIN THE FOLLOWING:
1. THE PETITIONER'S NAME, MAILING ADDRESS, SOCIAL SECURITY NUMBER AND DATE OF BIRTH.
2. THE NAME AND MAILING ADDRESS OF THE PETITIONER'S PARENT OR LEGAL GUARDIAN IF KNOWN.
3. SPECIFIC FACTS TO SUPPORT THE PETITION, INCLUDING:
(a) THE MINOR'S DEMONSTRATED ABILITY TO MANAGE THE MINOR'S FINANCIAL AFFAIRS INCLUDING PROOF OF EMPLOYMENT OR OTHER MEANS OF SUPPORT.
(b) THE MINOR'S DEMONSTRATED ABILITY TO MANAGE THE MINOR'S PERSONAL AND SOCIAL AFFAIRS, INCLUDING PROOF OF HOUSING.
(c) THE MINOR'S DEMONSTRATED ABILITY TO LIVE WHOLLY INDEPENDENT OF THE MINOR'S PARENT.
(d) THE MINOR'S DEMONSTRATED ABILITY AND COMMITMENT TO OBTAIN OR MAINTAIN EDUCATION, VOCATIONAL TRAINING OR EMPLOYMENT.
(e) HOW THE MINOR WILL OBTAIN OR MAINTAIN HEALTH CARE.
(f) ANY OTHER INFORMATION CONSIDERED NECESSARY TO SUPPORT THE PETITION.
(g) AT LEAST ONE OF THE FOLLOWING:
(i) DOCUMENTATION THAT THE MINOR HAS BEEN LIVING ON THE MINOR'S OWN FOR AT LEAST THREE CONSECUTIVE MONTHS.
(ii) A STATEMENT EXPLAINING WHY THE MINOR BELIEVES THE HOME OF THE MINOR'S PARENT OR LEGAL GUARDIAN IS NOT A HEALTHY OR SAFE ENVIRONMENT.
(iii) A NOTARIZED STATEMENT THAT CONTAINS WRITTEN CONSENT TO THE EMANCIPATION AND AN EXPLANATION BY THE MINOR'S PARENT OR LEGAL GUARDIAN.
C. THE COURT SHALL HOLD A HEARING ON THE PETITION WITHIN NINETY DAYS AFTER THE DATE OF ITS FILING AND SHALL NOTIFY THE PETITIONER AND THE PETITIONER'S PARENT OR LEGAL GUARDIAN OF THE DATE AND PLACE OF THE HEARING BY CERTIFIED MAIL AT LEAST SIXTY DAYS BEFORE THE HEARING DATE. FOR GOOD CAUSE SHOWN, THE COURT MAY CONTINUE THE INITIAL EMANCIPATION HEARING.
D. THE MINOR'S PARENT OR LEGAL GUARDIAN MAY FILE A WRITTEN RESPONSE OBJECTING TO THE EMANCIPATION WITHIN THIRTY DAYS OF SERVICE OF THE NOTICE OF THE HEARING.
E. THE MINOR MAY PARTICIPATE IN THE COURT PROCEEDINGS ON THE MINOR'S OWN BEHALF OR BE REPRESENTED BY AN ATTORNEY CHOSEN BY THE MINOR. IF THE COURT DETERMINES IT NECESSARY, THE COURT MAY APPOINT A GUARDIAN AD LITEM FOR THE PETITIONER.
F. THE COURT MAY REDUCE OR WAIVE THE FEE PRESCRIBED IN SECTION 12-284 FOR FILING A PETITION FOR EMANCIPATION OF A MINOR FOR FINANCIAL HARDSHIP.
12-2452. Additional court orders
A. BEFORE AN EMANCIPATION CASE PROCEEDS, THE COURT MAY STAY THE PROCEEDINGS AND:
1. REFER THE PARTIES TO MEDIATION.
2. IF THE COURT REASONABLY BELIEVES THAT THE PETITION CONTAINS AN ALLEGATION OF CHILD ABUSE OR NEGLECT, REQUIRE CHILD PROTECTIVE SERVICES TO INVESTIGATE THE ALLEGATION AND MAKE A WRITTEN REPORT OF THE INVESTIGATION TO THE COURT.
B. IF THE MINOR'S PARENT OR LEGAL GUARDIAN OBJECTS TO THE PETITION FOR EMANCIPATION, THE COURT SHALL STAY THE PROCEEDING AND REFER THE PARTIES TO MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION UNLESS THE COURT REASONABLY BELIEVES THAT MEDIATION WOULD NOT BE IN THE BEST INTEREST OF THE MINOR. THE COURT MAY CONSIDER ANY OF THE FOLLOWING:
1. THE MINOR'S PARENT OR LEGAL GUARDIAN HAS BEEN CONVICTED OF ABUSE, NEGLECT OR ABANDONMENT.
2. THE MINOR'S PARENT OR LEGAL GUARDIAN IS NAMED AS A PERPETRATOR OF ABUSE, NEGLECT OR ABANDONMENT IN THE PROTECTIVE SERVICES CENTRAL REGISTRY PURSUANT TO SECTION 8-804.
3. ANY OTHER INFORMATION THE COURT DEEMS RELEVANT.
C. IF AGREEMENT IS REACHED THROUGH MEDIATION, THE PARTIES SHALL SUBMIT THE SIGNED MEDIATION AGREEMENT TO THE COURT.
12-2453. Factors; best interests of minor
A. THE COURT SHALL DETERMINE EMANCIPATION BASED ON THE BEST INTERESTS OF THE MINOR AND SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING:
1. THE POTENTIAL RISKS AND CONSEQUENCES OF EMANCIPATION AND TO WHAT DEGREE THE MINOR UNDERSTANDS THESE RISKS AND CONSEQUENCES.
2. THE WISHES OF THE MINOR.
3. THE OPINIONS AND RECOMMENDATIONS OF THE MINOR'S PARENT OR GUARDIAN.
4. THE FINANCIAL RESOURCES OF THE MINOR, INCLUDING THE MINOR'S EMPLOYMENT HISTORY.
5. THE MINOR'S ABILITY TO BE FINANCIALLY SELF-SUFFICIENT.
6. THE MINOR'S LEVEL OF EDUCATION AND THE MINOR'S SUCCESS IN SCHOOL.
7. WHETHER THE MINOR HAS A CRIMINAL RECORD.
B. THE MINOR HAS THE BURDEN OF PROOF BY CLEAR AND CONVINCING EVIDENCE.
C. THE COURT SHALL FILE AN EMANCIPATION ORDER WITH THE CLERK OF THE COURT AND ISSUE A COPY OF THE ORDER TO THE MINOR AND THE DEPARTMENT OF ECONOMIC SECURITY OR ITS AGENT, IF THE MINOR IS A CHILD IN A TITLE IV-D CASE.
D. AN EMANCIPATION ORDER ISSUED BY A COURT PURSUANT TO THIS ARTICLE:
1. IS CONCLUSIVE EVIDENCE THAT THE MINOR IS EMANCIPATED.
2. TERMINATES A DEPENDENCY ACTION AS TO THE MINOR BY OPERATION OF LAW.
12-2454. Effect of emancipation
A. AN EMANCIPATION ORDER ISSUED PURSUANT TO THIS ARTICLE RECOGNIZES THE MINOR AS AN ADULT FOR THE FOLLOWING PURPOSES:
1. THE RIGHT TO ENTER INTO A BINDING CONTRACT.
2. THE ABILITY TO SUE AND BE SUED.
3. THE RIGHT TO BUY AND SELL REAL PROPERTY.
4. THE RIGHT TO ESTABLISH A LEGAL RESIDENCE.
5. THE OBLIGATION TO PAY CHILD SUPPORT.
6. THE RIGHT TO INCUR DEBTS.
7. THE RIGHT TO ACCESS MEDICAL TREATMENT AND RECORDS.
8. THE RIGHT TO CONSENT TO MEDICAL, DENTAL AND PSYCHIATRIC CARE WITHOUT PARENTAL CONSENT, KNOWLEDGE OR LIABILITY.
9. THE RIGHT TO CONSENT TO MEDICAL, DENTAL AND PSYCHIATRIC CARE FOR THE EMANCIPATED MINOR'S CHILD.
10. ELIGIBILITY FOR SOCIAL SERVICES.
11. THE RIGHT TO OBTAIN A LICENSE TO OPERATE EQUIPMENT OR PERFORM A SERVICE.
12. THE RIGHT TO APPLY FOR ENROLLMENT IN ANY SCHOOL OR COLLEGE.
13. THE ABILITY TO APPLY FOR LOANS.
B. AN EMANCIPATION ORDER ISSUED PURSUANT TO THIS ARTICLE TERMINATES A PARENT'S OR LEGAL GUARDIAN'S:
1. RIGHT TO THE EMANCIPATED MINOR'S INCOME.
2. FUTURE CHILD SUPPORT OBLIGATIONS RELATING TO THE EMANCIPATED MINOR.
3. TORT LIABILITY FOR THE EMANCIPATED MINOR'S ACTIONS.
4. OBLIGATION TO FINANCIALLY SUPPORT THE EMANCIPATED MINOR AFTER THE FIRST DAY OF THE MONTH FOLLOWING ENTRY OF THIS ORDER.
5. OBLIGATION TO PROVIDE MEDICAL SUPPORT FOR THE EMANCIPATED MINOR.
12-2455. Recognition of emancipation from another jurisdiction
THIS STATE SHALL RECOGNIZE A MINOR AS AN EMANCIPATED MINOR IF THAT MINOR CAN DOCUMENT EMANCIPATION FROM ANOTHER JURISDICTION OF THE UNITED STATES AND IS AT LEAST SIXTEEN YEARS OF AGE.
12-2456. Emancipation administrative costs fund; purpose; report; collection of information
A. EACH COUNTY TREASURER SHALL ESTABLISH AN EMANCIPATION ADMINISTRATIVE COSTS FUND CONSISTING OF MONIES RECEIVED PURSUANT TO SECTION 12-284, SUBSECTION J.
B. THE PRESIDING JUDGE OF THE JUVENILE COURT SHALL USE FUND MONIES FOR ADMINISTRATIVE COSTS ASSOCIATED WITH THIS ARTICLE.
C. ON NOTICE OF THE PRESIDING JUDGE, THE COUNTY TREASURER SHALL INVEST MONIES IN THE FUND AND MONIES EARNED FROM INVESTMENT SHALL BE CREDITED TO THE FUND.
D. ON OR BEFORE NOVEMBER 15 OF EACH YEAR, THE COUNTY TREASURER SHALL SUBMIT A REPORT TO THE PRESIDING JUDGE THAT SHOWS THE AMOUNT OF MONIES IN THE FUND.
E. BEGINNING OCTOBER 1, 2005, THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL COLLECT INFORMATION RELATING TO EMANCIPATION OF MINORS PURSUANT TO THIS TITLE, INCLUDING THE FOLLOWING:
1. THE NUMBER OF PETITIONS FILED, BY AGE AND COUNTY OF RESIDENCE.
2. THE NUMBER OF PETITIONS GRANTED, BY AGE AND COUNTY OF RESIDENCE.
F. THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL INCLUDE THE INFORMATION COLLECTED PURSUANT TO SUBSECTION E OF THIS SECTION IN THE ANNUAL REPORT OF THE JUDICIAL DEPARTMENT.
Sec. 4. Section 28-3165, Arizona Revised Statutes, is amended to read:
28-3165. Nonoperating identification license; immunity; rules; emancipated minors
A. On receipt of an application from a person who does not have a valid driver license issued by this state or whose driving privilege is suspended, the department shall issue a nonoperating identification license that contains a distinguishing number assigned to the licensee, the full legal name, the date of birth, the residence address and a brief description of the licensee and either a facsimile of the signature of the licensee or a space on which the licensee is required to write the licensee's usual signature with pen and ink. A nonoperating identification license that is issued to a person whose driving privilege is suspended shall not be valid for more than one hundred eighty days from the date of issuance.
B. On request of an applicant, the department shall allow the applicant to provide on the nonoperating identification license a post office box address that is regularly used by the applicant.
C. A person who is issued a license pursuant to this section shall use it only for identification purposes of the licensee. The nonoperating identification license does not grant authority to operate a motor vehicle in this state. The department shall clearly label the nonoperating identification license "for identification only, not for operation of a motor vehicle".
D. On issuance of a driver license, the holder of a nonoperating identification license shall surrender the nonoperating identification license to the department and the department shall not refund any fee paid for the issuance of the nonoperating identification license.
E. A nonoperating identification license shall contain the photograph of the licensee. The department shall use a process in the issuance of nonoperating identification licenses that prohibits as nearly as possible the ability to superimpose a photograph on the license without ready detection. The department shall process nonoperating identification licenses and photo attachments in color.
F. On application, an applicant shall give the department satisfactory proof of the applicant's full legal name, date of birth, sex and residence address and that the applicant's presence in the United States is authorized under federal law. The application shall briefly describe the applicant, state whether the applicant has been licensed, and if so, the type of license issued, when and by what state or country and whether any such license is under suspension, revocation or cancellation. The application shall contain other identifying information required by the department.
G. The department may adopt and implement procedures to deny a nonoperating identification license to a person who has been deported. The department may adopt and implement procedures to reinstate a person's privilege to apply for a nonoperating identification license if the person's legal presence status is restored.
H. A nonoperating identification license issued by the department is solely for the use and convenience of the applicant for identification purposes.
I. The department shall adopt rules and establish fees for issuance of a nonoperating identification license, except that the department shall not require an examination.
J. A person who is sixty-five years of age or older and a person who is a recipient of public monies as a disabled individual under title XVI of the social security act, as amended, are exempt from the fees established pursuant to this section.
K. If a person qualifies for a nonoperating identification license and is under the legal drinking age, the department shall issue a license that is marked by color, code or design to immediately distinguish it from a nonoperating identification license issued to a person of legal drinking age. The department shall indicate on the nonoperating identification license issued pursuant to this subsection the year in which the person will attain the legal drinking age.
L. IF A MINOR HAS BEEN EMANCIPATED PURSUANT TO TITLE 12, CHAPTER 15, ON APPLICATION AND PROOF OF EMANCIPATION, THE DEPARTMENT SHALL ISSUE A NONOPERATING IDENTIFICATION LICENSE THAT CONTAINS THE WORDS "EMANCIPATED MINOR".
Sec. 5. Section 28-3166, Arizona Revised Statutes, is amended to read:
28-3166. Driver license content and application; marked licenses; emancipated minors
A. The department shall issue a driver license to a qualified applicant. The driver license shall contain a distinguishing number assigned to the licensee, the license class, any endorsements, the licensee's full name, date of birth and residence address, a brief description of the licensee and either a facsimile of the signature of the licensee or a space on which the licensee is required to write the licensee's usual signature with pen and ink. A driver license is not valid until it is signed by the licensee. On request of an applicant, the department shall allow the applicant to provide on the driver license a post office box address that is regularly used by the applicant and that is located in the county in which the applicant resides.
B. An application for a driver license and the driver license issued shall contain the photo image of the applicant or licensee. The department shall use a process in the issuance of driver licenses that prohibits as nearly as possible the ability to alter or reproduce the license or that prohibits the ability to superimpose a photo image on the license without ready detection. The department shall process driver licenses and photo images in color. This subsection does not apply to a driver license that is renewed by mail pursuant to section 28-3172.
C. An applicant who is sixteen or older but under twenty-four years of age shall provide the department with satisfactory proof of the applicant's legal name and date of birth.
D. If a person is qualified for a driver license and is under the legal drinking age, the department shall issue a license that is marked by color, code or design to immediately distinguish it from a license issued to a person of legal drinking age. The department shall indicate on the driver license issued pursuant to this subsection the year in which the person will attain the legal drinking age.
E. The department shall not include information in the magnetic stripe and bar code of a driver license other than information that the department is authorized to obtain and place on a driver license pursuant to this article.
F. IF A MINOR HAS BEEN EMANCIPATED PURSUANT TO TITLE 12, CHAPTER 15, ON APPLICATION AND PROOF OF EMANCIPATION, THE DEPARTMENT SHALL ISSUE A DRIVER LICENSE THAT CONTAINS THE WORDS "EMANCIPATED MINOR".
Sec. 6. Petitions for emancipation orders; statistics; report
For the period October 1, 2005 through September 30, 2007, the administrative office of the courts shall collect and report the number and percentage of petitions granted by categories pursuant to section 12-2451, subsection B, paragraph 3, subdivision (g), Arizona Revised Statutes, as added by this act, in the judicial department annual report.
APPROVED BY THE GOVERNOR APRIL 18, 2005.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 18, 2005.


Wilcox & Wilcox, P.C.
Trent Wilcox
For the Firm

Phoenix office:
3030 N. Central Ave., Ste. 705
Phoenix, Arizona 85012
Ph: 602-631-9555
Fx: 602-631-4004

Goodyear office:
1616 N. Litchfield Rd., Ste. 240
Goodyear, Arizona 85338
Ph: 623-344-7880
Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com

Disclaimer: Providing the above information does not establish an
attorney-client relationship. To create such a relationship, both the
attorney and potential client must sign a written fee agreement. The
information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota.