Title
8. Family/Children's Code
Chapter 12. Emancipation
Title 8. Family/Children's Code, Chapter 12. Emancipation
SECTION 101. PETITION AND SUMMONS
(A) Any
minor child who has attained the age of sixteen (16) years may petition
the Court for a determination that he be emancipated. The petition
for emancipation shall set forth with specificity:
(1)
The name, sex, date and place of birth, present address and tribal
affiliation of the minor child;
(2)
The names, dates of birth, addresses, and tribal affiliation of
the minor child's parents or guardian;
(3)
The facts upon which emancipation is sought, and the basis for the
Court's jurisdiction.
(B)
Upon the filing of the petition, the Court shall cause a notice to
be issued to the minor child and the minor child's parents or guardian.
SECTION 102. HEARING
(A) Upon
the filing of a petition for emancipation, the Court shall set a time
for hearing the petition. The time for the hearing shall not be more
than thirty days after the filing of the petition.
(B)
The Court shall cause a notice of the hearing to be given to the minor
child, the parents or guardian of the minor child; or any other person
whom the Court deems appropriate. The notice shall state that the
minor child seeking emancipation has the right to be represented by
counsel.
(C)
Notice of the hearing and a copy of the petition, certified by the
petitioner or his attorney or the Court Clerk, shall be served at
least ten days before the date of the hearing by personal service
on the persons enumerated in subsection (B) of this Section. If personal
service cannot be reasonably effected or the address of any person
is unknown, a Judge or Court Clerk shall order notice to be given
by registered or certified mail, return receipt requested, or if no
such address is known, in a newspaper of general circulation in the
region where the Court is located.
(D)
Notice and appearance may be waived by a parent in writing before
the Court, provided that such parent has been apprised by the Court
of the meaning and consequences of the emancipation action. The parent
who has executed such a waiver shall not be required to appear at
the subsequent hearing.
SECTION 103. CONDUCT OF HEARING; INVESTIGATION AND REPORT
(A) At
the hearing held on the petition for emancipation, any party to whom
notice was given shall have the right to appear and be heard with
respect to the petition. If the parent who is consenting to the emancipation
appears at the hearing, the Court shall explain to the parent the
meaning and consequences of emancipation.
(B)
Upon finding at the hearing or at anytime during the pendency of the
petition that reasonable cause exists to warrant an investigation
into the circumstances upon emancipation is sought, the Court may
request the Indian Child Welfare Department to make an investigation
and written report to the Court within forty-five (45) days from receipt
of such request. The report shall indicate the physical, mental and
emotional and financial condition of the minor child and shall contain
such facts as may be relevant to determine whether the proposed emancipation
will be in the best interests of the minor child.
(C) If
such a report is requested, the Court shall schedule a hearing on
the results of the investigation not more than thirty (30) days from
the date of the expiration of the forty-five (45) day time period
or receipt of the ICW report, whichever is earlier. The Court shall
give reasonable notice of the investigation hearing to all parties
to the first hearing at least ten days before the date of the investigation
hearing.
(D)
The report shall be admissible in evidence, subject to the right of
any interested party to require that the person(s) making it appear
as a witness and subject himself to examination.
(E)
At either the hearing on the investigation or the first hearing, if
no investigation and report has been requested, the Court may approve
the petition for emancipation if it finds that emancipation is in
the best interests of the minor child.
(F) If
the Court denies a petition for emancipation, it may refer the matter
to the Indian Child Welfare Department to assess the needs of the
minor child.
SECTION 105. ORDER AND EFFECT OF EMANCIPATION
(A) The
Court shall make written findings in determining whether emancipation
would be in the best interests of the minor child. The Court shall
thereafter enter an order declaring the minor child emancipated if
the Court finds that:
(1)
Emancipation is in the best interests of the minor child;
(2)
The minor child has entered into a valid marriage or is on active
duty with the armed forces of the United States of America; or
(3)
The minor child willingly lives separate and apart from his parents
or guardian, with or without their consent, and that the minor child
is managing his own financial affairs, regardless of the source
of any lawful income.
(B)
An Order that a minor child is emancipated shall have the following
effects: the minor child shall be free of control by his parents or
guardian; the minor child may consent to medical, dental, or psychiatric
care without parental consent, knowledge, or liability; the minor
child shall be entitled to his own earnings and to establish his own
residence; the minor child may enter into a binding contract, buy
and sell real and personal property, execute releases, sue and be
sued in his own name; the minor child shall be deemed eligible to
secure a marriage license, register a motor vehicle, and enlist in
the armed services of the United States of America; the minor child
may not thereafter be the subject of a petition as a neglected, abused,
dependent or uncared for minor child; the parents of the minor child
shall no longer be the guardians of the minor child, and shall be
relieved of any obligations respecting the minor child's school attendance
and support; and the minor child shall be emancipated for the purposes
of parental liability for the minor child's acts.
(C)
An Order that a minor child is emancipated shall not change the minor
child's eligibility for Tribal housing and incentive benefits or other
Tribal benefits as determined by Tribal law or policy.
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