Indiana Emancipation of Minor Law


Minors – Emancipation of Minor – Indiana

Entry of dispositional decrees

Indiana Code §31-34-20-1:

Sec. 1. If a child is a child in need of services, the juvenile court may enter one (1) or more of the following dispositional decrees:

(1) Order supervision of the child by the probation department or the county office of family  and children.
(2) Order the child to receive outpatient treatment:

(A) at a social service agency or a psychological, a psychiatric, a medical, or an educational facility; or
(B) from an individual practitioner.

(3) Remove the child from the child’s home and place the child in another home or shelter care facility. Placement under this subdivision includes authorization to control and discipline the child.
(4) Award wardship to a person or shelter care facility. Wardship under this subdivision does not include the right to consent to the child’s adoption.
(5) Partially or completely emancipate the child under section 6 of this chapter.
(6) Order:

(A) the child; or
(B) the child’s parent, guardian, or custodian; to receive family services.

(7) Order a person who is a party to refrain from direct or indirect contact with the child.
As added by P.L.1-1997, SEC.17.

Emancipation of child; findings; Terms
Indiana Code §31-34-20-6:

Sec. 6.

(a) The juvenile court may emancipate a child under section 1(5) of this chapter if the court finds that the child:

(1) wishes to be free from parental control and protection and no longer needs that control and  protection;
(2) has sufficient money for the child’s own support;
(3) understands the consequences of being free from parental control and protection; and
(4) has an acceptable plan for independent living.

(b) If the juvenile court partially or completely emancipates the child, the court shall specify the terms of the emancipation, which may include the following:

(1) Suspension of the parent’s or guardian’s duty to support the child. In this case the judgment of emancipation supersedes the support order of a court.
(2) Suspension of the following:

(A) The parent’s or guardian’s right to the control or custody of the child.
(B) The parent’s right to the child’s earnings.

(3) Empowering the child to consent to marriage.
(4) Empowering the child to consent to military enlistment.
(5) Empowering the child to consent to:

(A) medical;
(B) psychological;
(C) psychiatric;
(D) educational; or
(E) social services.

(6)Empowering the child to contract.
(7) Empowering the child to own property.

(c) An emancipated child remains subject to the following:

(1) IC 20-8.1-3 concerning compulsory school attendance.
(2) The continuing jurisdiction of the court.

As added by P.L.1-1997, SEC.17.

Entry of dispositional decrees
Indiana Code §31-37-19-1:

Sec. 1.

If a child is a delinquent child under IC 31-37-2, the juvenile court may enter one (1) or more of the following dispositional decrees:

(1) Order supervision of the child by the probation department or the county office of family and children.
(2) Order the child to receive outpatient treatment:

(A) at a social service agency or a psychological, a psychiatric, a medical, or an educational facility; or
(B) from an individual practitioner.

(3) Remove the child from the child’s home and place the child in another home or shelter care facility. Placement under this subdivision includes authorization to control and discipline the child.
(4) Award wardship to a person or shelter care facility. Wardship under this subdivision does not include the right to consent to the child’s adoption.
(5) Partially or completely emancipate the child under section 27 of this chapter.
(6) Order:

(A) the child; or
(B) the child’s parent, guardian, or custodian; to receive family services.

(7) Order a person who is a party to refrain from direct or indirect contact with the child.
As added by P.L.1-1997 SEC.20.

Emancipation of child
Indiana Code §31-37-19-27:

Sec. 27.

(a) The juvenile court may emancipate a child under section 1(5) or 5(b)(5) of this chapter if the court finds that the child:

(1) wishes to be free from parental control and protection and no longer needs that control and protection;
(2) has sufficient money for the child’s own support;
(3) understands the consequences of being free from parental control and protection; and
(4) has an acceptable plan for independent living.

(b) Whenever the juvenile court partially or completely emancipates the child, the court shall specify the terms of the emancipation, which may include the following:

(1) Suspension of the parent’s or guardian’s duty to support the child. In this case the judgment of emancipation supersedes the support order of a court.
(2) Suspension of:

(A) the parent’s or guardian’s right to the control or custody of the child;
(B) the parent’s right to the child’s earnings.

(3) Empowering the child to consent to marriage.
(4) Empowering the child to consent to military enlistment.
(5) Empowering the child to consent to:

(A) medical;
(B) psychological;
(C) psychiatric;
(D) educational; or
(E) social services.

(6) Empowering the child to contract.
(7) Empowering the child to own property.

(c) An emancipated child remains subject to:

(1) IC 20-8.1-3 concerning compulsory school attendance; and
(2) the continuing jurisdiction of the court.

As added by P.L.1-1997, SEC.20.