§ 80-7-104 — Procedure for emancipation.

(1) (1)(a) Upon the filing of a petition in accordance with Section 80-7-103, the juvenile court shall review the petition for completeness and whether the petitioner meets the age requirement for filing the petition.
(1)(b) If the petition is incomplete or the petitioner does not meet the age requirement, the juvenile court may dismiss the action immediately.
(1)(c) If the petition is complete and the petitioner meets the age requirement, the juvenile court shall schedule a pretrial hearing on the matter within 30 days.
(2) The juvenile court may appoint an attorney guardian ad litem in accordance with Section 78A-2-803 to represent the minor.
(3) At the hearing, the juvenile court shall consider the best interests of the minor according to:

(3)(a) whether the minor is capable of assuming adult responsibilities;
(3)(b) whether the minor is capable of living independently of the minor's parents, guardian, or custodian;
(3)(c) opinions and recommendations from the attorney guardian ad litem, parents, guardian, or custodian, and any other evidence; and
(3)(d) whether emancipation will create a risk of harm to the minor.
(4) If the juvenile court determines, by clear and convincing evidence, that emancipation is in the best interests of the minor, the juvenile court shall issue a declaration of emancipation for the minor.
(5) A juvenile court may modify or set aside any order or decree made by the court in accordance with Section 78A-6-357.

Legislative History

Renumbered and Amended by Chapter 261, 2021 General Session