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Rule 502. Petition and Documentation Requirements

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 502

Formerly cited as AZ ST JUV CT Rule 90; AZ ST JUV CT Rule 94

Rule 502. Petition and Documentation Requirements

Currentness

(a) Requirements. A minor may file a petition for emancipation with the clerk of the court in the county in which the minor resides if all the following apply:

(1) the petitioner is at least 16 years of age;

(2) the petitioner is an Arizona resident;

(3) the petitioner is financially self-sufficient; and

(4) the petitioner files with the court an acknowledgment 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.

(b) Content of Petition. A petition for emancipation must be under oath and captioned: “In re the Emancipation of A.B., a minor.” It must state:

(1) the petitioner's name, mailing address, date of birth, and the last four digits (only) of the petitioner's social security number;

(2) the name and mailing address of the petitioner's parent or guardian if known, and if the address is unknown, a description of the efforts taken to obtain the address; and

(3) specific facts that warrant emancipation and that address the following:

(A) the petitioner's demonstrated ability to manage the petitioner's financial affairs, including proof of employment, an offer of employment, or other means of support;

(B) the petitioner's demonstrated ability to manage the petitioner's personal and social affairs, including proof of housing;

(D) the petitioner's demonstrated ability and commitment to obtain or maintain education, vocational training, or employment;

(E) whether the petitioner is employed or has obtained an offer of employment;

(F) how the petitioner will obtain or maintain health care; and

(G) any other information considered necessary to support the petition.

(c) Supporting Documentation. The petitioner must provide at least one of the following to support the petition:

(1) documentation that the petitioner has been living on petitioner's own for at least three consecutive months;

(2) a statement explaining why the petitioner believes the home of the petitioner's parent or guardian is not a healthy or safe environment; or

(3) a notarized statement from the petitioner's parent or guardian that contains the parent's or guardian's written consent to the emancipation, with an explanation of the reason for giving consent.

(d) Lack of Information. If a petition fails to include the information required by sections (b) and (c), the court may:

(1) dismiss the petition without prejudice, or

(2) require the petitioner to file supplemental information. If the court requires supplemental information, it must give written notice to the petitioner and specify a date for filing the required supplement. The court may dismiss the petition without prejudice if the petitioner fails to file the supplement by that date.

Credits

Added Dec. 8, 2021, effective July 1, 2022.

17B A. R. S. Juv. Ct. Rules of Proc., Rule 502, AZ ST JUV CT Rule 502

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