Read 1st time February 1, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 454, RSMo, relating to enforcement of support law by adding thereto four new sections relating to emancipation of minors.
Section A. Chapter 454, RSMo, is amended by adding thereto four new sections, to be known as sections 454.1200, 454.1203, 454.1206 and 454.1209, to read as follows:
454.1200. 1. A person less than eighteen years of age shall be deemed an emancipated minor if:
(1) The minor enters into a valid marriage, whether or not the marriage is subsequently dissolved; or
(2) The minor has served or is currently serving with the armed forces or National Guard of the United States.
2. A person less than eighteen years of age shall be eligible for limited emancipation if he or she receives a judgment of limited emancipation pursuant to sections 454.1200 to 454.1209.
454.1203. 1. Pursuant to Supreme Court Rule 52.02, a next friend may petition the court for a judgment of limited emancipation for a minor. If the minor has resided in the state for a period of not less than ninety days, the petition for limited emancipation may be brought in the family or juvenile court in the county where:
(1) The minor is under the jurisdiction of the court; or
(2) The minor currently resides.
2. The verified petition shall set forth with specificity the following facts:
(1) The minor is at least sixteen years of age;
(2) The minor willingly lives separate and apart from the minor's parents, legal custodian or legal guardian with the implied or express consent of the minor's parents, legal custodian or legal guardian;
(3) The minor is managing his or her own financial affairs. As evidence of this, the minor shall complete and attach to the petition a declaration of income and expenses. The Supreme Court of Missouri shall develop the form for such declaration;
(4) The source of the minor's income is not derived from any activity declared to be a crime by the laws of this state or the United States;
(5) The minor has participated in individual counseling, family mediation or a similar effort to determine alternatives to limited emancipation;
(6) Limited emancipation is in the best interest of the child; and
(7) The minor understands the consequences of limited emancipation.
3. The court shall appoint a guardian ad litem or CASA volunteer for the minor who meets all of the requirements of subsection 2 of this section. Such guardian shall be an attorney licensed to practice law in the state of Missouri. The guardian or CASA volunteer may, for purposes of determining emancipation eligibility, participate in the proceedings as if such a guardian ad litem or CASA volunteer were a party.
4. Upon the filing of the petition for limited emancipation, the court shall cause a summons to be issued to the parents, legal custodian or legal guardian of the minor.
5. In cases where the minor is currently under the jurisdiction of the court at the time of filing, the court shall cause a summons to be issued to the deputy juvenile officer involved in the case. Such officer may, for purposes of determining emancipation eligibility, participate in the proceedings as if he or she were a party.
454.1206. A judgment of limited emancipation shall be considered conclusive and binding unless:
(1) For good cause shown, a judgment of limited emancipation is set aside after notice and hearing if the emancipated minor petitions the court that emancipation is no longer in his or her best interest; or
(2) The court continues the matter for further hearing not less than thirty days or more than six months after the original hearing, and may suggest to the parties that they seek counseling.
454.1209. A judgment for limited emancipation of a minor shall have the following effects:
(1) The minor may consent to medical, dental or psychiatric care for himself or herself without parental consent, knowledge or liability;
(2) The minor may enter into a binding contract for the purposes of establishing a household, purchasing a motor vehicle, obtaining medical care, pursuing his or her education, or securing employment;
(3) The minor may sue and be sued in his or her own name for liabilities arising from his or her ability to establish a household, purchasing a vehicle, obtain medical care, pursue his or her education, or secure employment;
(4) The parents, legal custodian or legal guardian shall continue to be liable for any actions not arising from the emancipated minor's ability to establish a household, purchase a vehicle, obtain medical care, pursue his or her education, or secure employment;
(5) The minor may enroll in any secondary school or college, or enter into any educational loan agreement without parental consent; and
(6) The minor shall be entitled to his or her earnings, and he or she may establish bank accounts without the
permission of his or her parents, legal custodian or legal guardian.
Missouri House of Representatives