Introduced Version
HOUSE BILL No. 1100
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-9-2; IC 31-13-4; IC 31-16-6-6.
Synopsis: Emancipation of a minor. Establishes a process by which a
minor may petition a court for the complete or partial emancipation of
the minor. Requires the court to hold a hearing on the petition and
make a determination. Allows a court to: (1) appoint a guardian ad
litem or court appointed special advocate for the minor; and (2) modify
or terminate an order for emancipation of a minor.
Effective: July 1, 2009.
Tincher
January 8, 2009, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2008 Regular Session of the General Assembly.
HOUSE BILL No. 1100
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 31-9-2-7; (09)IN1100.1.1. -->
SECTION 1. IC 31-9-2-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 7. (a) "Adult", for purposes of
IC 31-19-17 through IC 31-19-24, means a person who is at least
twenty-one (21) years of age.
(b) "Adult", for purposes of the juvenile law, means a person other
than a child.
(c) "Adult", for purposes of IC 31-13-4, means a person who is
at least eighteen (18) years of age.
SOURCE: IC 31-9-2-49; (09)IN1100.1.2. -->
SECTION 2. IC 31-9-2-49 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 49. "Guardian", for
purposes of the juvenile law and IC 31-13-4, means a person
appointed by a court to have the care and custody of a child or the
child's estate, or both.
SOURCE: IC 31-9-2-88; (09)IN1100.1.3. -->
SECTION 3. IC 31-9-2-88 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 88.
(a) "Parent", for
purposes of the juvenile law, means a biological or an adoptive parent.
Unless otherwise specified, the term includes both parents, regardless
of their marital status.
(b) "Parent", for purposes of IC 31-13-4, means a biological or
an adoptive parent. Unless otherwise specified, the term includes
both parents, regardless of their marital status. However, the term
does not include a parent whose parental rights have been
terminated.
SOURCE: IC 31-13-4; (09)IN1100.1.4. -->
SECTION 4. IC 31-13-4 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Chapter 4. Emancipation of a Minor
Sec. 1. A minor is an emancipated minor if one (1) or more of
the following apply:
(1) The minor has entered into a valid marriage.
(2) The minor has joined the United States armed services.
(3) A court has issued an order for emancipation of the minor
under this chapter or any other applicable law.
Sec. 2. (a) A minor who is at least sixteen (16) years of age may
petition for complete or partial emancipation of the minor in the
circuit or superior court in the county in which:
(1) the minor resides or is temporarily domiciled; or
(2) a court action affecting the interests of the minor is
pending.
(b) A petition for emancipation of a minor must:
(1) be verified; and
(2) set forth the following:
(A) That the minor is at least sixteen (16) years of age.
(B) That the minor has lived wholly or partially
independent of the minor's parent or guardian.
(C) That the minor has demonstrated the ability and
capacity to manage the minor's own affairs.
(D) The reason for which the minor seeks to obtain
complete or partial emancipation.
(E) The names and addresses of the parent or guardian of
the minor.
(c) A certified copy of the minor's birth certificate must be filed
with the petition for emancipation.
Sec. 3. When a petition for emancipation is filed with a court,
the parent or guardian of the minor shall be notified of the hearing
on the petition in the same manner as a summons is served under
the Indiana Rules of Trial Procedure.
Sec. 4. The court shall hold a hearing on a petition filed under
section 2 of this chapter and make a determination.
Sec. 5. (a) The court may appoint a guardian ad litem or court
appointed special advocate for the minor.
(b) The provisions of IC 31-17-6 apply to the appointment of a
guardian ad litem or court appointed special advocate under this
section.
(c) The court may order:
(1) a parent or guardian; or
(2) the minor for whom a guardian ad litem or court
appointed special advocate is appointed under this chapter;
to pay a user fee for the services provided by the guardian ad litem
or court appointed special advocate. The fee shall be collected in
accordance with a procedure established by the court under
IC 31-17-6-9.
Sec. 6. (a) A court may order a minor to be completely or
partially emancipated.
(b) The court may enter an order for complete emancipation of
a minor if the court determines that the minor:
(1) is at least sixteen (16) years of age;
(2) wishes to be free from parental control and protection and
no longer needs that control and protection;
(3) understands the consequences of being free from parental
control and protection;
(4) has sufficient money for the child's own support; and
(5) has an acceptable plan for independent living.
(c) In making a determination under this section, the court shall
consider the best interests of the minor and the minor's parent or
guardian.
Sec. 7. (a) Except as provided in subsection (b), a minor who is
completely emancipated under this chapter shall have the same
right to make contracts and conveyances, to sue and to be sued,
and to transact business as if the minor were an adult.
(b) A minor who is completely emancipated under this chapter
shall not have rights that are inconsistent with the specific age
requirements of a state or federal law.
(c) If a minor is completely emancipated under this chapter, the
parent or guardian is:
(1) relieved of all legal duties and obligations owed to the
minor; and
(2) divested of all rights with respect to the minor that the
parent or guardian had prior to the emancipation of the
minor because of the minor's age.
Sec. 8. A minor who is partially emancipated under this chapter
shall have only the rights and responsibilities specified in the order
of the court.
Sec. 9. An emancipated minor remains subject to the following:
(1) IC 20-33-2 concerning compulsory school attendance.
(2) The continuing jurisdiction of the court.
Sec. 10. (a) The court may modify or terminate a previous
emancipation order by the court.
(b) A subsequent modification or termination of an
emancipation order under this section shall be effective only
prospectively and shall not affect any rights, duties, obligations, or
causes of action existing prior to the modification or termination
of an emancipation order under this chapter.
Sec. 11. A final order granting or denying complete or partial
emancipation under this chapter may be appealed.
SOURCE: IC 31-16-6-6; (09)IN1100.1.5. -->
SECTION 5. IC 31-16-6-6, AS AMENDED BY P.L.2-2007,
SECTION 362, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 6. (a) The duty to support a child
under this chapter ceases when the child becomes twenty-one (21)
years of age unless any of the following conditions occurs:
(1) The child is emancipated before becoming twenty-one (21)
years of age. In this case the child support, except for the
educational needs outlined in section 2(a)(1) of this chapter,
terminates at the time of emancipation, although an order for
educational needs may continue in effect until further order of the
court.
(2) The child is incapacitated. In this case the child support
continues during the incapacity or until further order of the court.
(3) The child:
(A) is at least eighteen (18) years of age;
(B) has not attended a secondary school or postsecondary
educational institution for the prior four (4) months and is not
enrolled in a secondary school or postsecondary educational
institution; and
(C) is or is capable of supporting himself or herself through
employment.
In this case the child support terminates upon the court's finding
that the conditions prescribed in this subdivision exist. However,
if the court finds that the conditions set forth in clauses (A)
through (C) are met but that the child is only partially supporting
or is capable of only partially supporting himself or herself, the
court may order that support be modified instead of terminated.
(b) For purposes of determining if a child is emancipated under
subsection (a)(1), if the court finds that the child:
(1) has joined the United States armed services;
(2) has married; or
(3) is not under the care or control of:
(A) either parent; or
(B) an individual or agency approved by the court; or
(4) is an emancipated minor under IC 31-13-4-1.
the court shall find the child emancipated and terminate the child
support.