Chapter 6.30
EMANCIPATION
Sections:
6.30.020 Contents of petition.
6.30.060 Rights of an emancipated youth.
6.30.010 Petition.
A. Any Indian youth who is a resident or is domiciled within the Tribe’s jurisdiction and is at least 16 years of age, who is living separate and apart from his/her parents, guardian, or other custodian, and who is capable of self-support and managing his/her own financial affairs, may petition the Youth Court to have the disabilities of minority removed for limited or general purposes.
B. A youth may institute a petition under this chapter in his/her own name. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 12.2.7.010.]
6.30.020 Contents of petition.
The petition for emancipation shall contain:
A. The name, age, address, and Tribal status of the youth;
B. The name, address, and Tribal status of each living parent;
C. The name and address of the youth’s custodian or guardian, if any;
D. The reasons emancipation would be in the best interests of the youth; and
E. The purpose for which emancipation is sought. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.7.020.]
6.30.030 Consent.
A. The youth must obtain the consent of each living parent, guardian, or other custodian of the youth who has control of the youth’s person or property.
B. If the person who is to consent to the petition is unavailable or his/her whereabouts are unknown, or if a parent, guardian, or custodian unreasonably withholds consent, the Youth Court, acting in the best interest of the youth, may waive this requirement of consent as to that parent, guardian, or custodian.
C. The Youth Court may appoint a representative or a guardian ad litem to represent the interests of the youth at the hearing. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.7.030.]
6.30.040 Notice.
Notice of the date, time, and place of the emancipation hearing shall be given by the Court Clerk to the parties and to those from whom consent under CTC 6.30.030 is required, at least five days before the hearing. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.7.040.]
6.30.050 Applicable standard.
A. The Youth Court may remove the disabilities of minority as requested in the petition if the Court finds that it will be in the best interests of the youth.
B. Emancipation may be for general or limited purposes, and the order of emancipation shall specifically state the extent of the emancipation. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.7.050.]
6.30.060 Rights of an emancipated youth.
Except for specific constitutional and statutory age requirements for voting and use of alcoholic beverages, a youth whose disabilities are removed for general purposes has the power and capacity of an adult, including, but not limited to, the rights to control him/herself, to be domiciled where s/he wishes, to receive and control his/her earnings, to sue and be sued, and to enter into contracts. [Res. 2011-020; Res. 2006-63. Prior code § 12.2.7.060.]