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Emancipation of Minor
STATUS OF MINORS AND CHILD SUPPORT (EXCERPT)
Act 293 of 1968
722.4 Emancipation by operation of law or pursuant to petition filed by minor
with family division of circuit court.
Sec. 4.
(1) Emancipation may occur by operation of law or
pursuant to a petition filed by a minor with the family division of circuit
court as provided in this act.
(2) An emancipation occurs by operation of law under any of the following
circumstances:
(a) When a minor is validly married.
(b) When a person reaches the age of 18 years.
(c) During the period when the minor is on active duty with the armed forces of
the United States.
(d) For the purposes of consenting to routine, non-surgical medical care or
emergency medical treatment to a minor, when the minor is in the custody of a
law enforcement agency and the minor's parent or guardian cannot be promptly
located. The minor or the minor's parent shall remain responsible for the cost
of any medical care or treatment rendered pursuant to this subdivision. An
emancipation pursuant to this subdivision shall end upon the termination of
medical care or treatment or upon the minor's release from custody, whichever
occurs first.
(e) For the purposes of consenting to his or her own preventive health care or
medical care including surgery, dental care, or mental health care, except
vasectomies or any procedure related to reproduction, during the period when the
minor is a prisoner committed to the jurisdiction of the department of
corrections and is housed in a state correctional facility operated by the
department of corrections or in a youth correctional facility operated by the
department of corrections or a private vendor under section 20g of 1953 PA 232,
MCL 791.220g; or the period when the minor is a probationer residing in a
special alternative incarceration unit established under the special alternative
incarceration act, 1988 PA 287, MCL 798.11 to 798.18. This subdivision applies
only if a parent or guardian of the minor cannot promptly be located by the
department of corrections or, in the case of a youth correctional facility
operated by a private vendor, by the responsible official of the youth
correctional facility.
(3) An emancipation occurs by court order pursuant to a petition filed by a
minor with the family division of circuit court as provided in sections 4a to
4e.
STATUS OF MINORS AND CHILD SUPPORT (EXCERPT)
Act 293 of 1968
722.4a Petition; filing; signature; verification; contents; affidavit; service
on parents or guardian; notice of hearing.
Sec. 4a.
(1) A minor seeking emancipation shall file a petition for emancipation in
thefamily division of circuit court in the county where the minor resides. The
petition shall be signed and verified by the minor, and shall include all of the
following information:
(a) The minor's full name and birth date, and the county and state where the
minor was born.
(b) A certified copy of the minor's birth certificate.
(c) The name and last known address of the minor's parents, guardian, or
custodian.
(d) The minor's present address, and length of residency at that address.
(e) A declaration by the minor indicating that he or she has demonstrated the
ability to manage his or her financial affairs. The minor may include any
information he or she considers necessary to support the declaration.
(f) A declaration by the minor indicating that he or she has the ability to
manage his or her personal and social affairs. The minor may include in this
section any information he or she considers necessary to support the
declaration.
(2) The petition shall include an affidavit by any of the following individuals
declaring that the individual has personal knowledge of the minor's
circumstances and believes that under those circumstances emancipation is in the
best interests of the minor:
(a) Physician.
(b) Nurse.
(c) Member of the clergy.
(d) Psychologist.
(e) Family therapist.
(f) Certified social worker.
(g) Social worker.
(h) Social work technician.
(i) School administrator.
(j) School counselor.
(k) Teacher.
(I) Law enforcement officer.
(m) Duly regulated child care provider.
(3) A copy of the petition and a summons to appear at the hearing shall be
served on the minor's parents or guardian. A notice of hearing shall be sent to
the individual who provided the affidavit required under subsection (2).
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