§ 31-37-19-27 — Emancipation of child; findings; terms

Indiana § 31-37-19-27

• Jurisdiction: Indiana
• Art. 37: JUVENILE LAW: DELINQUENCY
• Ch. 19: Dispositional Decrees

Text

(a) The juvenile court for the county in
which a child resides may emancipate the child under section 1(a)(5)
or 5(b)(5) of this chapter upon a petition brought by the child.
(b) The court in which a petition is filed under subsection (a) shall
appoint an attorney to serve as guardian ad litem for the child. The
guardian ad litem shall investigate the statements contained in the
petition and file a report of the investigation with the court.
(c) After receiving the report of the guardian ad litem under
subsection (b) and holding a hearing, the court may grant the petition
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.
(d) If the juvenile court completely emancipates the child, the child
has all the rights and responsibilities of an adult. If the juvenile court
partially 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 military enlistment.
(4) Empowering the child to consent to:
(A) medical;
(B) psychological;
(C) psychiatric;
(D) educational; or
(E) social;
services.
(5) Empowering the child to contract.
(6) Empowering the child to own property.
(e) An emancipated child remains subject to the following:
(1) IC 20-33-2 concerning compulsory school attendance.
(2) The continuing jurisdiction of the court.
(3) IC 31-11-1-4 concerning minimum age for marriage.
(4) Other specific constitutional and statutory age requirements
applicable to the emancipated child because of the emancipated
child's age, including requirements regarding voting, use of
alcoholic beverages or tobacco products, and other health and
safety regulations.
[Pre-1997 Recodification Citation: 31-6-4-15.7 part.]

Legislative History

As added by P.L.1-1997, SEC.20. Amended by P.L.1-2005, SEC.212; P.L.85-2017, SEC.107; P.L.94-2020, SEC.13.