Commissioner Thurman W. Lowans1

Chapter Sections

§1 Purpose Statement

 Any minor who is 16 years of age or older and a resident of Washington may petition for a declaration of emancipation. If granted, parental obligations are terminated including financial support, care, supervision, and obligations imposed by reason of dissolution such as child support. Further, an emancipated minor receives a number of legal rights and new capacity as an adult, including but not limited to, the right to sue and be sued; the right to retain earnings; the right to enter into nonvoidable contracts; the right to work and earn a living; the right to act autonomously in all business relationships; and the right to give informed consent for receiving health care services.2

Emancipation does not alter the status of being a minor with respect to criminal laws, either as a defendant or as a victim, nor does it change the age requirements for voting, use of alcoholic beverages, possession of firearms or other health and safety regulations.3

§2 Timing

The emancipation hearing shall be held no later than 60 days after the date on which the petition is filed.4 Generally such hearings are scheduled for a specific calendar or time, and should receive priority in light of the 60 day requirement. Although there is no state superior court rule concerning emancipation hearings, some counties have their own specific rules governing hearings procedures.5

§3 Contents of Petition

The Administrative Office of the Courts (AOC) has generated forms for use in emancipation proceedings, including petitions and decrees. These forms can be found at http://www.courts.wa.gov/forms/. In many less urban areas in Washington State, it is unusual for an attorney to be involved in filing such a petition. In these cases, the usual challenges facing a pro se litigant to accurately complete form pleadings are compounded by reason of age. It should be noted that a certified copy of the petitioner’s birth certificate is required to be attached to the petition, but often it is not and should therefore be supplied at the time of the hearing.6 A filing fee of $50 is assessed upon filing of a Petition for Emancipation.7

§4 Service of Petition

A copy of the Petition and Notice of Hearing must be served upon the petitioner’s parent or parents, guardian or custodian at least 15 days before the emancipation hearing.4 If the petitioner is subject to a dependency, service is also required upon the Department of Child and Family Services (DCFS).8 Service shall be waived upon proof that the address of the parent(s), guardian, or custodian is unavailable or unascertainable.4

The statute specifically states that a summons is not required, and thus no formal response is required by a parent, guardian, custodian or, in the case of a dependent child, DCFS. Rather, the statute requires service of the petition and notice of hearing so as to afford an opportunity to be heard on the issue.

§5 Hearing Procedures

Given the age of the petitioner, the lack of any other formal parties to the action and the issues presented, the format and approach taken at the hearing should be somewhat flexible, possibly more akin to the approach taken in At-Risk Youth (ARY) or Child in Need of Services (CHINS) proceedings. Clearly the petitioner and any witnesses offering testimony should be placed under oath. Individual practice will vary, but a short recital by the court at the beginning of the hearing as to procedures, expectations, statutory elements and burden of proof may help the petitioner to understand the approach, formality and seriousness of the proceedings. The petitioner may bring witnesses who should be sworn and invited to testify. A parent, guardian, custodian or, in the case of a dependent child, DCFS, may appear in support of or opposition to the petition for emancipation.

They too should be sworn in and invited to testify as to their positions.

RCW 13.64.010 grants any minor 16 years of age or older the right to file a petition for emancipation, and thus a guardian ad litem (GAL) by reason of the minority status of the petitioner is not required. However, good practice would indicate that the court have the independent assistance of a GAL to investigate and report to the court in writing with recommendations concerning the merits of the petition for emancipation. An independent GAL should be familiar with the statutory elements for emancipation and be able to investigate and report back to the court on an expedited basis. Identification of individuals to serve in such a capacity, as well as the source of funding for their work is not addressed in the statute and is within the sound discretion of the court. Local rules may give further instruction on identifying GALs for this purpose.

§6 Burden of Proof

The petition shall be granted upon proof by clear and convincing evidence.9 However, if the petition is opposed by a parent, guardian, custodian or, in the case of a dependent child, DCFS, the petition is to be denied unless the court finds by clear and convincing evidence that denial of emancipation would be detrimental to the interests of the child.10

§7 Entry of Decree

The petitioner is to be given a certified copy of the decree of emancipation upon entry.11 The decree directs the petitioner to obtain a new drivers license or Washington identification card, and directs the Department of Licensing to make a notation of the emancipated status on the new license or identification card.

§8 Voidable

A decree of emancipation (also referred to as a declaration of emancipation, RCW 13.64.010) obtained by fraud is voidable.12 Obligations, rights, or interests arising during the period in which the decree is in effect are not affected by the voiding of the decree.12

Download this chapter: Chapter 32 – Emaincipation of Minors

ENDNOTES

  1. Commissioner Thurman W. Lowans was appointed to the Kitsap County Superior Court in 1993 and is responsible for the Paternity calendar, Dependency calendar, Family Law motions calendar, Mental Commitment calendar, Domestic Violence calendar, Adoption calendar, Civil Contempt calendar, and the Ex Parte calendar. He established the position of Courthouse Facilitator for the Superior Court in 1993, and in 2001 he established a juvenile diversion program known as Youth Court where teens serve as judge, advocate, and jury in diversion cases. Commissioner Lowans graduated cum laude from Dartmouth College in 1972 and received his J.D. from Boston University School of Law in 1975. In 1996 he retired as a Commander with the JAG Corps of the U.S. Navy following 22 years of service in the Reserves. Commissioner Lowans was in private practice in Bremerton with Soriano, Soriano and Lowans for 15 years before his appointment to the Bench. His trial practice included felony defense, juvenile offenders and dependencies, domestic relations, real estate and probate. He served as Land Hearing Examiner for Kitsap County in 1992–1993 and as President of the Kitsap County Bar Association in 1993. Commissioner Lowans served on the Faculty of the Washington State Judicial College (2002–2007 and 2009–2011) as instructor concerning Dependencies, and served as the judicial representative to the Board of Directors of Washington State Court-Appointed Special Advocates (2002–2005).
  2. RCW 13.64.060(1).
  3. RCW 13.64.060(2).
  4. RCW 13.64.030.
  5. E.g., Thurston Super. Ct. LJuCR 12.
  6. RCW 13.64.020(1)(b).
  7. RCW 36.18.014.
  8. RCW 13.64.030.; RCW 13.34.130.
  9. RCW 13.64.050(1).
  10. RCW 13.64.050(2).
  11. RCW 13.64.050(3).
  12. RCW 13.64.070.