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Rule 505. Determination and Order of Emancipation

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part V. Emancipation (Refs & Annos)
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 505
Formerly cited as AZ ST JUV CT Rule 101;  AZ ST JUV CT Rule 102
Rule 505. Determination and Order of Emancipation
Currentness
(a) Burden of Proof. The petitioner must prove by clear and convincing evidence that emancipation is in the petitioner's best interests.
(b) Determination of Emancipation. The court must determine emancipation based on the petitioner's best interests. The court must consider the following:
(1) the potential risks and consequences of emancipation and whether the petitioner understands these risks and consequences;
(2) the wishes of the petitioner;
(3) the opinions and recommendations of the petitioner's parent or guardian;
(4) the financial resources of the petitioner, including any employment history and whether the petitioner is employed or has obtained an offer of employment;
(5) the petitioner's ability to be financially self-sufficient;
(6) the petitioner's education level and success in school;
(7) whether the petitioner has any criminal record; and
(8) any other factor the court deems relevant.
(c) Order of Emancipation. If the court finds emancipation is in the petitioner's best interests, the court must:
(1) make the following findings on the record:
(A) the petitioner is at least 16 years of age;
(B) the petitioner is a resident of this state;
(C) the petitioner is financially self-sufficient; and
(D) the petitioner has acknowledged in writing that the petitioner has read and understands the information provided by the court that explains the rights and obligations of an emancipated minor and the potential risks and consequences of emancipation;
(2) file an order of emancipation with the clerk;
(3) provide a copy of the order to the petitioner and any party entitled to notice of the proceeding; and
(4) provide a copy of the order to the Department of Economic Security, DCS, or the department's agent if the petitioner is a child in a Title IV-D case.
(d) Appeal. A party may appeal from an order granting or denying the emancipation petition as provided in Rule 601.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 505, AZ ST JUV CT Rule 505
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
End of Document