05 LC 29
1822
House
Bill 847
By:
Representatives Butler of the
18th,
Oliver of the
83rd,
and Smith of the
70th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating
to juvenile proceedings, so as to establish the conditions for minors to become
emancipated by law; to provide for definitions; to provide for the rights and
duties of parents; to provide for court proceedings for emancipation; to provide
for powers of the court relative to an emancipation proceeding; to provide for
rescission and the effect of rescission on obligations, rights, or interests; to
provide for the rights and responsibilities of an emancipated minor; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile
proceedings, is amended by adding a new article to the end of the chapter, to
read as follows:
"ARTICLE
6
15-11-200.
As
used in this article, the term,
(1)
'Emancipation' means termination of the rights of the parents to the custody,
control, services, and earnings of a minor.
(2)
'Minor' means a person under the age of 18 years.
(3)
'Parents' has the same meaning as set forth in Code Section
15-11-2.
15-11-201.
(a)
Emancipation may occur by operation of law or pursuant to a petition filed by a
minor with the juvenile court as provided in this article.
(b)
An emancipation occurs by operation of law under any of the following
circumstances:
(1)
When a minor is validly married;
(2)
When a person reaches the age of 18 years; or
(3)
During the period when the minor is on active duty with the armed forces of the
United States.
(c)
An emancipation occurs by court order pursuant to a petition filed by a minor
with the juvenile court as provided in Code Sections 15-11-202 through
15-11-206.
15-11-202.
(a)
A minor seeking emancipation shall file a petition for emancipation in the
juvenile court in the county where the minor resides. The petition shall be
signed and verified by the minor, and shall include all of the following
information:
(1)
The
minoŕs
full name and birth date, and the county and state where the minor was
born;
(2)
A certified copy of the
minoŕs
birth certificate;
(3)
The name and last known address of the
minoŕs
parents, guardian, or custodian;
(4)
The
minoŕs
present address and length of residency at that address;
(5)
A declaration by the minor indicating that he or she has demonstrated the
ability to manage his or her financial affairs; the minor may include any
information he or she considers necessary to support the declaration;
and
(6)
A declaration by the minor indicating that he or she has the ability to manage
his or her personal and social affairs; the minor may include any information he
or she considers necessary to support the declaration.
(b)
The petition for emancipation shall include an affidavit by any of the following
individuals declaring that the individual has personal knowledge of the
minoŕs
circumstances and believes that under those circumstances emancipation is in the
best interests of the minor:
(1)
Physician;
(2)
Nurse;
(3)
Member of the clergy;
(4)
Psychologist;
(5)
Family therapist;
(6)
Certified social worker;
(7)
Social worker;
(8)
School administrator;
(9)
School counselor;
(10)
Teacher; or
(11)
Law enforcement officer.
(c)
A copy of the petition for emancipation and a summons to appear at the hearing
shall be served on the
minoŕs
parents or guardian. A notice of hearing shall be sent to any individual who
provided an affidavit as set forth in subsection (b) of this Code
section.
15-11-203.
After
a petition for emancipation is filed, the court may:
(1)
Assign an employee of the court to investigate the allegations of the petition
and to file a report containing the results of the investigation with the
court;
(2)
Appoint an attorney for the minor; or
(3)
Appoint an attorney for the
minoŕs
parents or guardian if they are indigent and if they oppose the
petition.
15-11-204.
(a)
The hearing shall be before a judge; and the court shall issue an emancipation
order if it determines that emancipation is in the best interest of the minor
and the minor establishes all of the following:
(1)
That the
minoŕs
parent or guardian does not object to the petition; or if a parent or guardian
objects to the petition, that the best interests of the child are served by
allowing the emancipation to occur by court order;
(2)
That the minor is a resident of the state;
(3)
That the minor has demonstrated the ability to manage his or her financial
affairs, including proof of employment or other means of support; 'other means
of support' does not include general assistance or aid received from
means-tested public assistance programs such as Temporary Assistance for Needy
Families or similar programs under Title IV-A of the federal Social Security
Act;
(4)
That the minor has the ability to manage his or her personal and social affairs,
including, but not limited to, proof of housing; and
(5)
That the minor understands his or her rights and responsibilities under this
article as an emancipated minor.
(b)
A minor who petitions the court for emancipation shall have the burden of
showing by a preponderance of evidence that emancipation should be ordered.
(c)
If the court issues an emancipation order, the court shall retain a copy of the
order until the emancipated minor becomes 25 years of age.
(d)
An emancipation obtained by fraud is voidable. Voiding such an order does not
affect an obligation, responsibility, right, or interest that arose during the
period of time the order was in effect.
(e)
The minor or a parent or guardian of the minor may appeal the
court́s
grant or denial of an emancipation petition. The appeal shall be filed in the
court of appeals.
15-11-205.
(a)
A minor emancipated by court order may petition the juvenile court that issued
the emancipation order to rescind such order.
(b)
A copy of the petition for rescission and a summons shall be served on the
minoŕs
parents.
(c)
The court shall grant the petition and rescind the order of emancipation if it
finds any of the following:
(1)
That the minor is indigent and has no means of support;
(2)
That the minor and the
minoŕs
parents agree that the order should be rescinded; or
(3)
That there is a resumption of family relations inconsistent with the existing
emancipation order.
(d)
If a petition for rescission is granted, the court shall issue an order
rescinding the emancipation order and retain a copy of the order until the minor
becomes 25 years of age.
(e)
Rescission of an emancipation order does not alter any contractual obligations
or rights or any property rights or interests that arose during the period of
time that the emancipation order was in effect.
(f)
The minor or a parent of the minor may appeal the
court́s
grant or denial of a petition for rescission of an emancipation order. The
appeal shall be filed in the court of appeals.
15-11-206.
(a)
A minor emancipated by operation of law or by court order shall be considered to
have the rights and responsibilities of an adult, except for those specific
constitutional and statutory age requirements regarding voting, use of alcoholic
beverages, and other health and safety regulations relevant to him or her
because of his or her age. A minor shall be considered emancipated for the
purposes of, but not limited to, all of the following:
(1)
The right to enter into enforceable contracts, including apartment
leases;
(2)
The right to sue or be sued in his or her own name;
(3)
The right to retain his or her own earnings;
(4)
The right to establish a separate domicile;
(5)
The right to act autonomously, and with the rights and responsibilities of an
adult, in all business relationships, including, but not limited to, property
transactions and obtaining accounts for utilities, except for those estate or
property matters that the court determines may require a conservator or guardian
ad litem;
(6)
The right to earn a living, subject only to the health and safety regulations
designed to protect those under the age of majority regardless of their legal
status;
(7)
The right to authorize his or her own preventive health care, medical care,
dental care, and mental health care, without parental knowledge or
liability;
(8)
The right to apply for a
driveŕs
license or other state licenses for which he or she might be
eligible;
(9)
The right to register for school;
(10)
The right to marry;
(11)
The right to apply for medical assistance programs and for other welfare
assistance, if needed;
(12)
The right, if a parent, to make decisions and give authority in caring for his
or her own minor child; and
(13)
The right to make a will.
(b)
The parents of a minor emancipated by court order are not liable for any debts
incurred by the minor during the period of emancipation.
15-11-207.
(a)
The duty to provide support for a minor child shall continue until an
emancipation order is granted.
(b)
A child who has become emancipated under this article shall not be considered a
'deprived child' for purposes of Part 6 of Article 1 of this
chapter."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.