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