What are the requirements for a teen to become emancipated in Washington?
Full Question:
Answer:
Washington Emancipation of Minor Law
§13.64.010: Declaration of emancipation.
Any minor who is sixteen years of age or older and who is a resident of this
state may petition in the superior court for a declaration of emancipation.
§13.64.020: Petition for emancipation - Filing fees.
(1) A petition for emancipation shall be signed and verified by the petitioner,
and shall include the following information:(a) The full name of the petitioner, the petitioner's birthdate, and the state
and county of birth;
(b) a certified copy of the petitioner's birth certificate;
(c) the name and last known address of the petitioner's parent or parents,
guardian, or custodian;
(d) the petitioner's present address, and length of residence at that address;
(e) a declaration by the petitioner indicating that he or she has the ability to
manage his or her financial affairs, including any supporting information; and
(f) a declaration by the petitioner indicating that he or she has the ability to
manage his or her personal, social, educational, and nonfinancial affairs,
including any supporting information.
§13.64.030: Service of petition - Notice - Date of hearing.
The petitioner shall serve a copy of the filed petition and notice of hearing on
the petitioner's parent or parents, guardian, or custodian at least fifteen
days before the emancipation hearing. No summons shall be required.
Service shall be waived if proof is made to the court that the address of the
parent or parents, guardian, or custodian is unavailable or unascertainable.
The petitioner shall also serve notice of the hearing on the department if the
petitioner is subject to dependency disposition order under RCW 13.34.130.
The hearing shall be held no later than sixty days after the date on which the
petition is filed.
§13.64.040: Hearing on petition.
(1) The hearing on the petition shall be before a judicial officer, sitting
without a jury. Prior to the presentation of proof the judicial officer shall
determine whether:(a) The petitioning minor understands the consequences of the petition
regarding his or her legal rights and responsibilities;
(b) a guardian ad litem should be appointed to investigate the allegations of
the petition and file a report with the court.
(2) For the purposes of this section, the term "judicial officer" means:(a) A judge;
(b) a superior court commissioner of a unified family court if the county
operates a unified family court; or
(c) any superior court commissioner if the county does not operate a unified
family court. The term does not include a judge pro tempore.
§13.64.050: Emancipation decree - Certified copy - Notation of
emancipated status.
(1) The court shall grant the petition for emancipation, except as provided in
subsection (2) of this section, if the petitioner proves the following facts by
clear and convincing evidence:(a) That the petitioner is sixteen years of age or older;
(b) that the petitioner is a resident of the state;
(c) that the petitioner has the ability to manage his or her financial affairs;
and
(d) that the petitioner has the ability to manage his or her personal, social,
educational, and nonfinancial affairs.
(2) A parent, guardian, custodian, or in the case of a dependent minor, the
department, may oppose the petition for emancipation. The court shall deny
the petition unless it finds, by clear and convincing evidence, that denial of
the grant of emancipation would be detrimental to the interests of the minor.
(3) Upon entry of a decree of emancipation by the court the petitioner shall
be given a certified copy of the decree. The decree shall instruct the
petitioner to obtain a Washington driver's license or a Washington
identification card and direct the department of licensing make a notation of
the emancipated status on the license or identification card.
§13.64.060: Power and capacity of emancipated minor.
(1) An emancipated minor shall be considered to have the power and
capacity of an adult, except as provided in subsection (2) of this section. A
minor shall be considered emancipated for the purposes of, but not limited
to:(a) The termination of parental obligations of financial support, care,
supervision, and any other obligation the parent may have by virtue of the
parent-child relationship, including obligations imposed because of marital
dissolution;
(b) The right to sue or be sued in his or her own name;
(c) The right to retain his or her own earnings;
(d) The right to establish a separate residence or domicile;
(e) The right to enter into nonvoidable contracts;
(f) The right to act autonomously, and with the power and capacity of an
adult, in all business relationships, including but not limited to property
transactions;
(g) The right to work, and earn a living, subject only to the health and safety
regulations designed to protect those under age of majority regardless of
their legal status; and
(h) The right to give informed consent for receiving health care services.
(2) An emancipated minor shall not be considered an adult for:(a)The purposes of the adult criminal laws of the state unless the decline of
jurisdiction procedures contained in RCW 13.40.110 are used or the minor is
tried in criminal court pursuant to *RCW 13.04.030(1)(e)(iv);
(b) the criminal laws of the state when the emancipated minor is a victim
and the age of the victim is an element of the offense; or
(c) those specific constitutional and statutory age requirements regarding
voting, use of alcoholic beverages, possession of firearms, and other health
and safety regulations relevant to the minor because of the minor's age.§13.64.070: Declaration of emancipation - Voidable.
A declaration of emancipation obtained by fraud is voidable. The voiding of
any such declaration shall not affect any obligations, rights, or interests that
arose during the period the declaration was in effect.§13.64.080: Forms to initiate petition of emancipation.
The office of the administrator for the courts shall prepare and distribute to
the county court clerks appropriate forms for minors seeking to initiate a
petition of emancipation.A summary of Runaway Laws in the state of Washington
The state legislature enacted the "Becca Bill" in July 1995.The intent of the
bill was to "empower parents" by giving them power to deal with their
runaway, disobedient children or truant children by having them locked up in
juvenile detention. The bill provides juvenile court judges and commissioners
with the power to jail "At-Risk Youth," "Children in Need of Services," and
truant children for "civil contempt" if they violate a court order.Besides making the reporting of runaways a legal requirement, the Becca
Law also called for a set up of statewide secure crisis residential centers
(CRC’s) to hold runaways for up to five days. In a dramatic turnaround, the
law also scrapped provisions in juvenile law that required the consent of
teenagers before they were put into mental health, drug, or alcohol therapy.
Under the new law, parents do not require consent before committing their
children.The Petition
The statute allows a parent to petition juvenile court to have his or her child
declared an "At-Risk Youth" (ARY) or a "Child in Need of Services" (CHINS).
Another part of the Becca Bill authorizes a school district to petition juvenile
court to have a student declared a truant. Because these proceedings are
ostensibly civil, children are not afforded the due process protections that
apply in criminal proceedings.A court must grant an "At-Risk Youth" petition if the allegations in the
petition are established by a preponderance of the evidence. The legislature
defined an "at-risk youth" as a runaway, a child who is beyond parental
control, or a child who has a substance abuse problem. In practice, courts
rarely deny ARY petitions (or CHINS or truancy petitions, for that matter).
For example, if a child is engaging in behaviors such as staying out after
curfew or spending time with friends the parent disapproves of or consuming
alcohol without parental permission, a court may grant an ARY petition on
the basis that the child is "beyond parental control."Before an ARY petition is granted, the law requires that parents attempt
some alternative to court intervention or show "good cause why such
alternatives have not been attempted." In practice, courts construe this
requirement loosely: a counseling appointment will generally satisfy the
requirement.The legislature defined a "child in need of services" as a child who is beyond
parental control or a runaway and is in need of services. When a CHINS
petition is granted, the child may be placed outside of the home by the
Department of Social and Family Services.While a child or a parent can file this petition, the court may not grant a
child’s request to be placed out of the home unless the child proves
by "clear, cogent, and convincing evidence" that placement outside the
home is in the best interests of the family and the child, that the child has
tried to resolve the problem, and that the parents are unavailable or the
parent’s actions cause an imminent threat to the child. Again, in practice, a
parent’s petition to have his or her child declared a CHINS is rarely denied
while a child's petition is more likely to be denied.A "truant child" is defined as a child who has had unexcused absences in a
school year. Additionally, the statute requires that the school take steps to
reduce or eliminate the child’s absences from school. The school district or
the parent may bring a truancy petition. A child appears at a truancy fact-
finding hearing without the benefit of counsel under the statute. As a result,
the school district is rarely tested on its statutory obligation of taking steps
to reduce or eliminate a child’s absences from school. In most cases, the
school district reports that it cannot carry out this task because the student
does not attend school regularly, or the school submits that they have
carried out this statutory requirement by scheduling a conference with the
child and his or her parent.In one case, a juvenile court commissioner found a 12-year-old girl truant
even though the girl and her family are homeless and live in the family car.
The child had difficulty sleeping and had trouble getting up for school in the
morning. The court found that the school had met its statutory burden to
take steps to reduce or eliminate this child’s absences by scheduling a
meeting with her at school registration.The Court's Disposition Order
Once a court grants an "At-Risk Youth" or CHINS petition, the court
assumes broad authority in writing "conditions of supervision" for the child.
The statute authorizes a court to order a child to attend school, counseling,
and substance abuse treatment or "any other condition the court deems an
appropriate condition of supervision." In practice, the "conditions of
supervision" are long lists of rules for the child to follow.The orders "often end up being extensive lists of what the parents want
from the child…. The focus is more on ordering the child to follow the rules
than on providing services to remedy the problem." The court typically
orders that a child do the following:1. attend school regularly with no unexcused absences, tardies or behavior
problems;
2. obtain a drug and alcohol evaluation and follow treatment
recommendations;
3. obtain a mental health evaluation;
4. submit to random urinalysis;
5. neither use nor possess non-prescribed drugs or alcohol;
6. obey a curfew;
7. enroll in and attend individual and family counseling;
8. reside with parents or in another court-approved placement;
9. have no contact with people the parent disapproves of;
10. refrain from physical or verbal abuse;
11. and refrain from the use of profanity.In some instances the court literally micromanages the child’s day. In one
case, the commissioner ordered a child to be in his room and in bed by 9
p.m. or risk incarceration.The statute provides that the court "may order the parent to participate in
counseling services or any other services for the child requiring parental
participation." Parents are rarely ordered to do more than attend family
counseling (and sometimes the court does not require this), enroll the child
in school, and refrain from physically or verbally abusing the child.Perhaps because the statute requires the parents to pay for services, the
court is usually reluctant to order the parent to attend parenting classes.
Thus a commissioner refused to order a father to attend anger
management classes even though he admitted to getting so angry at his
child that he knew he frightened the child and he had indicated his willingness
to attend the classes.In truancy proceedings, the court may order a child to attend school or drug
and alcohol treatment. While the statute provides that the court may punish
a child or parent who fails to comply with the court order (evidence of which
the school district must present), the statute does not give the court
authority to order the school to provide services to the child.Instead, the statute authorizes the court to order the child to attend the
same or a different school, or alternative school program. Thus, if a school
has suspended a child, the court can order the child to attend school but
cannot order the school to reinstate the child.Some ARY, CHINS and truant children receive no services even when they
are court-ordered to participate in them, as the statute does not entitle
children or parents to any services. While the court may order psychological
assessments, drug and alcohol treatment or other services, the court
cannot provide these services to a child. Thus, the child is dependent on the
parent to pay for and arrange services.If a parent is indigent or unable to access services, the child may not receive
the help he or she needs. If resources are available, the state may provide a
family with up to 15 free hours of Family Reconciliation Services counseling.
This is a very valuable resource according to many families, and is
sometimes effective in helping families work through problems.Contempt Provisions
If a child violates a court order, the court can jail the child for contempt. In
truancies, as well as ARYs and CHINS, the court may jail the child for up to
seven days for failing to follow the court order. Neither RCW 13.32A.250(1)
nor RCW 28A.225.090(2) provides for the standard of proof, but both
simply use the language "failure to comply with court order." The statute
does not explicitly provide that the school should bring the contempt
motion, but the practice is that the school does so. In ARY and CHINS cases,
the statute provides that "a parent, a child" (among other parties) may
bring a motion for contempt for failure to comply with the terms of the
court order.Although the language of the statute clearly limits the incarceration of a child
to seven days, it is the practice of some juvenile court commissioners to jail
children "indefinitely" until the child "convinces the court" that he or she will
comply with the court order. Because the "conditions of supervision" are
broad and often include extensive rules for a child to follow, a child may be
jailed frequently and for minor infractions. For example, children have been
jailed for swearing at their parents or being late for curfew.Although the statute authorizes the court to hold a parent in contempt for
failure to follow the court order, parents are rarely held in contempt.
Children often are reluctant to ask that their parent be held in contempt or
even to provide negative information to the court about their parents.
The ARY and CHINS proceedings have been established to "empower
parents." As a result, the process disempowers children, sometimes even
providing a means for their further victimization. A child who knows that his
or her parent may jail him or her for violation of a rule is especially reluctant
to disclose information of abuse because the child fears retribution from the
parent.Although the statute states that children and parents should be treated
equally for the purposes of contempt, parents are rarely held in contempt. In
the rare instance that a parent is held in contempt, the parent is asked to
pay a small fine. In the authors’ experience, the court has never jailed the
parent for contempt in one of these cases.Concerns for Hitchhikers
With the Becca Bill’s demands for all people coming into contact with
runaways to report them immediately, a new under the table policy was
born. This policy deemed "don't ask, don't tell" was constructed as a
backdoor way for youth service workers as well as street workers to
continue to work with vagrant adolescents without having to report them.
Basically, you don’t ask if they ran away and they don’t tell you that they
ran away. This "loophole" has yet to be contested in court and is thus quite
reliable.