APPENDIX:

STATUTORY AND JUDICIAL EMANCIPATION OF MINORS

IN THE UNITED STATES


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INDIANA

TITLE 31. FAMILY LAW AND JUVENILE LAW

ARTICLE 34. JUVENILE LAW: CHILDREN IN NEED OF SERVICES

CHAPTER 20. DISPOSITIONAL DECREES

§ 31-34-20-6. Emancipation of child.

(a)  The juvenile court may emancipate a child under section 1(5) [IC 31-34-20-1(5)] of this chapter if the court finds that the child:

(1)  wishes to be free from parental control and protection and no longer needs that control and protection;

(2)  has sufficient money for the child's own support;

(3)  understands the consequences of being free from parental control and protection; and

(4)  has an acceptable plan for independent living.

(b)  If the juvenile court partially or completely emancipates the child, the court shall specify the terms of the emancipation, which may include the following:

(1)  Suspension of the parent's or guardian's duty to support the child. In this case the judgment of emancipation supersedes the support order of a court.

(2)  Suspension of the following:

(A)  The parent's or guardian's right to the control or custody of the child.

(B)  The parent's right to the child's earnings.

(3)  Empowering the child to consent to marriage.

(4)  Empowering the child to consent to military enlistment.

(5) Empowering the child to consent to:

(A)  medical;

(B)  psychological;

(C)  psychiatric;

(D)  educational; or

(E)  social services.

(6)  Empowering the child to contract.

(7)  Empowering the child to own property.

(c)  An emancipated child remains subject to the following:

(1)  IC 20-8.1-3 concerning compulsory school attendance.

(2)  The continuing jurisdiction of the court.

TITLE 31. FAMILY LAW AND JUVENILE LAW

ARTICLE 37. JUVENILE LAW: DELINQUENCY

CHAPTER 19. DISPOSITIONAL DECREES

§ 31-37-19-27. Emancipation of child.

(a)  The juvenile court may emancipate a child under section 1(5) or 5(b)(5) [IC 31-37-19-1(5) or IC 31-37-19-5(b)(5)] of this chapter if the court finds that the child:

(1)  wishes to be free from parental control and protection and no longer needs that control and protection;

(2)  has sufficient money for the child's own support;

(3)  understands the consequences of being free from parental control and protection; and

(4)  has an acceptable plan for independent living.

(b)  Whenever the juvenile court partially or completely emancipates the child, the court shall specify the terms of the emancipation, which may include the following:

(1)  Suspension of the parent's or guardian's duty to support the child. In this case the judgment of emancipation supersedes the support order of a court.

(2)  Suspension of:

(A)  the parent's or guardian's right to the control or custody of the child; and

(B)  the parent's right to the child's earnings.

(3)  Empowering the child to consent to marriage.

(4)  Empowering the child to consent to military enlistment.

(5)  Empowering the child to consent to:

(A)  medical;

(B)  psychological;

(C)  psychiatric;

(D)  educational; or

(E)  social services.

(6)  Empowering the child to contract.

(7)  Empowering the child to own property.

(c)  An emancipated child remains subject to:

(1) IC 20-8.1-3 concerning compulsory school attendance; and

(2)  the continuing jurisdiction of the court.