Oregon Emancipation of Minor Law


Minors – Emancipation of Minor – Oregon

419B.550: Definitions for ORS 419B.550 to 419B.558.

As used in ORS 419B.550 to 419B.558:

(1) “Domicile” of a minor means the legal residence or domicile of the custodial parent or guardian.
(2) “Emancipation” means conferral of certain rights of majority upon a minor, as enumerated in ORS 419B.552.
(3) “Minor” means a person under the age of 18 years.
(4) “Parent” means legal guardian or custodian, natural parent or adoptive parent if the minor has been legally adopted.
(5) Notwithstanding subsection (1) of this section, if a minor is subject to the jurisdiction of the juvenile court pursuant to ORS 419B.100 or 419C.005, the domicile of that minor shall be that of the court which has jurisdiction. [1993 c.546 §133]

419B.552: Application for emancipation judgment; effect of judgment.

(1) A juvenile court, upon the written application of a minor who is domiciled within the jurisdiction of such court, is authorized to enter a judgment of emancipation in the manner provided in ORS 419B.558. A judgment of emancipation shall serve only to:

(a) Recognize the minor as an adult for the purposes of contracting and conveying establishing a residence, suing and being sued, and recognize the minor as an adult for purposes of the criminal laws of this state.
(b) Terminate as to the parent and child relationship the provisions of ORS 109.010 until the child reaches the age of majority.
(c) Terminate as to the parent and child relationship the provisions of ORS 109.053 109.100, 419B.373, 419B.400, 419B.402, 419B.404, 419B.406, 419B.408, 419C.550, 419C.590, 419C.592, 419C.595, 419C.597 and 419C.600.

(2) A judgment of emancipation shall not affect any age qualification for purchasing alcoholic liquor, the requirements for obtaining a marriage license, nor the minor’s status under ORS 109.510. [1993 c.546 §134; 2003 c.576 §450]

419B.555:  Hearing; notice to parent; duty to advise minor of liabilities of emancipated person; filing fee.

(1) The juvenile court shall conduct a preliminary hearing on the minor’s application for emancipation within 10 days of the date on which it is filed or as soon as possible thereafter. At the time of the preliminary hearing, the court may issue a temporary custody order, stay any pending proceedings or enter any other temporary order appropriate to the circumstances. No action of the court pursuant to this subsection may be extended beyond the date set for a final hearing.

(2) The final hearing shall be held no later than 60 days or as soon as possible after the date on which the application is filed.

(3) Notice to the parent or parents of the applicant shall be made pursuant to ORS 419B.812 to 419B.839.

(4) At the preliminary hearing, the court shall advise the minor of the civil and criminal rights and civil and criminal liabilities of an emancipated minor. This advice shall be recited in the judgment of emancipation.

(5) The hearing mentioned in subsection (2) of this section may be waived by the minor and parent or parents.

(6) A uniform filing fee of $70 shall be charged and collected by the court for each application for emancipation. In addition, the court shall collect any other fees required by law.

(7) In addition to the fee provided for in subsection (6) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the court shall charge and collect a surcharge of $21 for each application for emancipation. [1993 c.546 §135; 1997 c.801 §33; 2001 c.622 §51; 2003 c.576 §451; 2003 c.737 §68]

Note: The amendments to 419B.555 by section 69, chapter 737, Oregon Laws 2003, become operative July 1, 2005. See section 70, chapter 737, Oregon Laws 2003. The text that is operative on and after July 1, 2005, is set forth for the user’s convenience.

419B.555.

(1) The juvenile court shall conduct a preliminary hearing on the minor’s application for emancipation within 10 days of the date on which it is filed or as soon as possible thereafter. At the time of the preliminary hearing, the court may issue a temporary custody order, stay any pending proceedings or enter any other temporary order appropriate to the circumstances. No action of the court pursuant to this subsection may be extended beyond the date set for a final hearing.

(2) The final hearing shall be held no later than 60 days or as soon as possible after the date on which the application is filed.

(3) Notice to the parent or parents of the applicant shall be made pursuant to ORS 419B.812 to 419B.839.

(4) At the preliminary hearing, the court shall advise the minor of the civil and criminal rights and civil and criminal liabilities of an emancipated minor. This advice shall be recited in the judgment of emancipation.

(5) The hearing mentioned in subsection (2) of this section may be waived by the minor and parent or parents.

(6) A uniform filing fee of $77 shall be charged and collected by the court for each application for emancipation. In addition, the court shall collect any other fees required by law.

419B.558: Entry of judgment of emancipation.

(1) The juvenile court in its discretion may enter a judgment of emancipation where the minor is at least 16 years of age and the court finds that the best interests of the minor will be served by emancipation. In making its determination, the court shall take into consideration the following factors:

(a) Whether the parent of the minor consents to the proposed emancipation;
(b) Whether the minor has been living away from the family home and is substantially able to be self-maintained and self-supported without parental guidance and supervision; and
(c) Whether the minor can demonstrate to the satisfaction of the court that the minor is sufficiently mature and knowledgeable to manage the minor’s affairs without parental assistance.

(2) Upon entry of a judgment of emancipation by the court, the applicant shall be given a copy of the judgment. The judgment shall instruct that the applicant obtain an Oregon driver’s license or an Oregon identification card through the Department of Transportation and that the Department of Transportation make a notation of the minor’s emancipated status on the license or identification card.

(3) An emancipated minor shall be subject to the jurisdiction of the adult courts for all criminal offenses. [1993 c.546 §136; 2003 c.576 §452]