Sec. 6. (a) The juvenile court for the county in which a child resides may emancipate the child under section 1(a)(5) of this chapter upon a petition brought by the child.

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Terms Used In Indiana Code 31-34-20-6

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Contract: A legal written agreement that becomes binding when signed.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
     (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:

(1) that emancipation is in the child’s best interests; and

(2) that the child:

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

(B) has sufficient money for the child’s own support;

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

(D) 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 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 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.]

As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.206; P.L.85-2017, SEC.104; P.L.94-2020, SEC.12.

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