Montana Emancipation of Minor Law
Minors – Emancipation of Minor – Montana
§41-1-501: Limited emancipation.
(1) The court may, upon the request of a youth who is 16 years of age or older, the youth’s parent, or the department of public health and human services, enter an order granting limited emancipation to the youth.
(2) Limited emancipation may be granted only if the court has found:
(a) that limited emancipation is in the youth’s best interests;
(b) that the youth desires limited emancipation;
(c) that there exists no public interest compelling denial of limited emancipation;
(d) that the youth has, or will reasonably obtain, money sufficient to pay for financial obligations incurred as a result of limited emancipation;
(e) that the youth, as shown by prior conduct and preparation, understands and may be expected to responsibly exercise those rights and responsibilities incurred as a result of limited emancipation;
(f) that the youth has graduated or will continue to diligently pursue graduation from high school, unless circumstances clearly compel deferral of education; and
(g) that, if it is considered necessary by the court, the youth will undergo periodic counseling with an appropriate advisor.
(3) An order of limited emancipation must specifically set forth the rights and responsibilities that are being conferred upon the youth. These may include but are not limited to one or more of the following:
(a) the right to live independently of in-house supervision;
(b) the right to live in housing of the youth’s choice;
(c) the right to directly receive and expend money to which the youth is entitled and to conduct the youth’s own financial affairs;
(d) the right to enter into contractual agreements and incur debts;
(e) the right to obtain access to medical treatment and records upon the youth’s own authorization; and
(f) the right to obtain a license to operate equipment or perform a service.
(4) An order of limited emancipation must include a provision requiring that the youth make periodic reports to the court upon terms prescribed by the court.
(5) The court, on its own motion or on the motion of the county attorney or any parties to the dispositional hearing, may modify or revoke the order upon a showing that:
(a) the youth has committed a material violation of the law;
(b) the youth has violated a condition of the limited emancipation order; or
(c) the best interests of the youth are no longer served by limited emancipation.