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2023 California Rules of Court

Rule 5.605. Emancipation of minors

(a) Petition

A petition for declaration of emancipation of a minor must be submitted on Petition for Declaration of Emancipation of Minor, Order Prescribing Notice, Declaration of Emancipation, and Order Denying Petition (form MC-300). Only the minor may petition the court for emancipation, and the petition may be filed in the county in which the minor can provide a verifiable residence address. The petitioner must complete and attach to the petition Emancipation of Minor-Income and Expense Declaration (form MC-306).

(Subd (a) amended effective January 1, 2007.)

(b) Dependents and wards of the juvenile court

Petitions to emancipate a child who is a dependent or ward of the juvenile court must be filed and heard in juvenile court.

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 1995.)

(c) Court

The petition to emancipate a minor other than a dependent or ward of the juvenile court must be filed and will be heard in juvenile court or other superior court department so designated by local rule or by order of the presiding judge.

(Subd (c) amended effective January 1, 2007.)

(d) Filing fee

Unless waived, the petitioner must pay the filing fee as specified. The ability or inability to pay the filing fee is not in and of itself evidence of the financial responsibility of the minor as required for emancipation.

(Subd (d) amended effective January 1, 2007.)

(e) Declaration of emancipation without hearing

If the court finds that all notice and consent requirements have been met or waived, and that emancipation is not contrary to the best interest of the petitioner, the court may grant the petition without a hearing. The presiding judge of the superior court must develop a protocol for the screening, evaluation, or investigation of petitions.

(Subd (e) amended effective January 1, 2007.)

(f) Time limits

The clerk of the court in which the petition is filed must immediately provide or direct the petitioner to provide the petition to the court. Within 30 days from the filing of the petition, the court must (1) grant the petition, (2) deny the petition, or (3) set a hearing on the petition to be conducted within 30 days thereafter. The clerk must immediately provide the petitioner with an endorsed-filed copy of the court's order.

(Subd (f) amended effective January 1, 2007.)

(g) Notice

If the court orders the matter set for hearing, the clerk must notify the district attorney of the time and date of the hearing, which must be within 30 days of the order prescribing notice and setting for hearing. The petitioner is responsible for notifying all other persons to whom the court requires notice.

(Subd (g) amended effective January 1, 2007.)

Rule 5.605 amended and renumbered effective January 1, 2007; adopted as rule 1437 effective July 1, 1994; previously amended effective January 1, 1995.

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