AN ACT Relating to the emancipation of minors;
amending RCW 49.12.121; adding a new chapter to Title 13 RCW; and providing an
effective date.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. 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.
NEW SECTION. Sec. 2.
(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.
(2) A reasonable filing fee not to exceed fifty
dollars shall be set by the court.
NEW SECTION. Sec. 3.
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.
NEW SECTION. Sec. 4.
The hearing on the petition shall be before a judge, sitting without a jury.
Prior to the presentation of proof the judge shall determine whether: (1) The
petitioning minor understands the consequences of the petition regarding his or
her legal rights and responsibilities; (2) a guardian ad litem should be
appointed to investigate the allegations of the petition and file a report with
the court.
NEW SECTION. Sec. 5.
(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.
NEW SECTION. Sec. 6.
(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; (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, and other health and safety regulations relevant to the
minor because of the minor's age.
NEW SECTION. Sec. 7. 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.
NEW SECTION. Sec. 8.
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.
Sec. 9.
RCW 49.12.121 and 1989 c 1 s 3 are each amended to read as follows:
(1) The ((committee, or the director,))
department may at any time inquire into wages, hours, and conditions of
labor of minors employed in any trade, business, or occupation in the
state of Washington and may adopt special rules for the protection of the
safety, health, and welfare of minor employees. ((The minimum wage
for minors shall be as prescribed in RCW 49.46.020.)) However, the
rules may not limit the hours per day or per week, or other specified work
period, that may be worked by minors who are emancipated by court order.
(2) The ((committee)) department
shall issue work permits to employers for the employment of minors, after being
assured the proposed employment of a minor meets the standards ((set forth
concerning)) for the health, safety, and welfare of minors as
set forth in the rules ((and regulations promulgated)) adopted by
the ((committee)) department. No minor person shall be employed
in any occupation, trade, or industry subject to this 1973 amendatory
act, unless a work permit has been properly issued, with the consent of the
parent, guardian, or other person having legal custody of the minor and
with the approval of the school which such minor may then be attending. However,
the consent of a parent, guardian, or other person, or the approval of the
school which the minor may then be attending, is unnecessary if the minor is
emancipated by court order.
(3) The minimum wage for minors shall be as
prescribed in RCW 49.46.020.
NEW SECTION. Sec. 10.
Sections 1 through 8 of this act shall constitute a new chapter in Title 13
RCW.
NEW SECTION. Sec. 11.
This act shall take effect January 1, 1994.
