Senate File 2364 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 2364
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE EMANCIPATION OF A MINOR.
  1  5
  1  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  7
  1  8    Section 1.  Section 232.125, Code 2007, is amended by
  1  9 adding the following new subsection:
  1 10    NEW SUBSECTION.  6.  A petition may contain a request for
  1 11 an emancipation order.  If the petition contains a request for
  1 12 an emancipation order, the request shall provide the
  1 13 following:
  1 14    a.  The child is at least sixteen years of age.
  1 15    b.  The child is a resident of this state.
  1 16    c.  The child is not in the care, custody, or control of
  1 17 the state.
  1 18    Sec. 2.  Section 232.127, Code 2007, is amended by adding
  1 19 the following new subsection:
  1 20    NEW SUBSECTION.  11.  If a petition contains a request for
  1 21 an emancipation order and the court adjudicates the family to
  1 22 be a family in need of assistance, the court may enter any
  1 23 dispositional order allowed under this section and may proceed
  1 24 as provided in section 232.128 in addition to any
  1 25 dispositional order entered under this section.
  1 26    Sec. 3.  NEW SECTION.  232.128  EMANCIPATION == EFFECT.
  1 27    1.  If after adjudicating the family to be a family in need
  1 28 of assistance pursuant to section 232.127 the court finds, by
  1 29 clear and convincing evidence, that no remedy is available
  1 30 that would result in strengthening or maintaining the familial
  1 31 relationship, the court may enter an order emancipating the
  1 32 child.
  1 33    2.  An emancipation order shall have the same effect as a
  1 34 child reaching the age of majority with respect but not
  1 35 limited to the following:
  2  1    a.  The ability to sue or be sued in the child's own name.
  2  2    b.  The right to enter into a binding contract.
  2  3    c.  The right to buy and sell real estate.
  2  4    d.  The right to establish a legal residence.
  2  5    e.  The right to incur debts.
  2  6    f.  The right to consent to medical, dental, or psychiatric
  2  7 care.
  2  8    3.  An emancipation order shall have the same effect as the
  2  9 child reaching the age of majority and the parents are exempt
  2 10 from the following:
  2 11    a.  Future child support obligations relating to the
  2 12 emancipated child.
  2 13    b.  An obligation to provide medical support for the
  2 14 emancipated child, unless deemed necessary by the court.
  2 15    c.  Tort liability for the actions of the child after
  2 16 emancipation.
  2 17    d.  A right to the income or property of the emancipated
  2 18 child.
  2 19    e.  A responsibility for the debts of the emancipated
  2 20 child.
  2 21    4.  An emancipated child shall remain subject to voting
  2 22 restrictions under chapter 48A, gambling restrictions under
  2 23 chapter 99D, 99F, 99G, or 725, alcohol restrictions under
  2 24 chapter 123, compulsory attendance requirements under chapter
  2 25 299, and cigarette tobacco restrictions under chapter 453A.
  2 26    5.  An emancipated child shall not be considered an adult
  2 27 for prosecution except as provided in section 232.8.
  2 28    6.  Notwithstanding section 232.147 through 232.151, the
  2 29 emancipation order shall be released by the court subject to
  2 30 rules prescribed by the supreme court.
  2 31
  2 32
  2 33                                                             
  2 34                               JOHN P. KIBBIE
  2 35                               President of the Senate
  3  1
  3  2
  3  3                                                             
  3  4                               PATRICK J. MURPHY
  3  5                               Speaker of the House
  3  6
  3  7    I hereby certify that this bill originated in the Senate and
  3  8 is known as Senate File 2364, Eighty=second General Assembly.
  3  9
  3 10
  3 11                                                             
  3 12                               MICHAEL E. MARSHALL
  3 13                               Secretary of the Senate
  3 14 Approved                , 2008
  3 15
  3 16
  3 17                                
  3 18 CHESTER J. CULVER
  3 19 Governor