Michigan Laws 722.4 – Emancipation by operation of law or according to petition filed by minor with family division of circuit court
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Terms Used In Michigan Laws 722.4
- Emancipation: means termination of the rights of the parents to the custody, control, services and earnings of a minor. See Michigan Laws 722.1
- 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.
- 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.
- Minor: means a person under the age of 18 years. See Michigan Laws 722.1
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Emancipation may occur by operation of law or according to a petition filed by a minor with the family division of circuit court as provided in this act.
(2) An emancipation occurs by operation of law under any of the following circumstances:
(a) When a minor is validly emancipated under the laws of another state.
(b) When an individual reaches 18 years of age.
(c) During the period when the minor is on active duty with the United States Armed Forces.
(d) For the purposes of consenting to routine, nonsurgical medical care or emergency medical treatment to a minor, when the minor is in the custody of a law enforcement agency and the minor’s parent or guardian cannot be promptly located. The minor or the minor’s parent remains responsible for the cost of any medical care or treatment rendered under this subdivision. An emancipation under this subdivision ends upon the termination of medical care or treatment or upon the minor’s release from custody, whichever occurs first.
(e) For the purposes of consenting to his or her own preventive health care or medical care including surgery, dental care, or mental health care, except vasectomies or any procedure related to reproduction, during the period when the minor is a prisoner committed to the jurisdiction of the department of corrections and is housed in a state correctional facility operated by the department of corrections or in a youth correctional facility operated by the department of corrections or a private vendor under section 20g of the corrections code of 1953, 1953 PA 232, MCL 791.220g; or the period when the minor is a probationer residing in a special alternative incarceration unit established under the special alternative incarceration act, 1988 PA 287, MCL 798.11 to 798.18. This subdivision applies only if a parent or guardian of the minor cannot promptly be located by the department of corrections or, in the case of a youth correctional facility operated by a private vendor, by the responsible official of the youth correctional facility.
(3) An emancipation occurs by court order under a petition filed by a minor with the family division of circuit court as provided in section 4a to 4e.