Free Application for Judgment of Emancipation (PDF) - Oregon

EMANCIPATION INFORMATION MARION COUNTY JUVENILE DEPARTMENT
Oregon law states that the Juvenile Court may, under certain conditions, grant emancipation status to a child. The basic requirements are:
1) 2) 3) 4) The person must be at least sixteen (16) years of age, The legal residence or dom icile of the lega l custodial parent m ust be in M arion Coun ty, If the child is under the jurisdiction of a Juvenile Court pursuant to ORS 419B.100 or 419C.005, the domicile of that child shall be that of the Juvenile Court having jurisdiction, and The Juvenile Court will set a reasonable filing fee.

The Juvenile Court at its discretion may enter a judgment of emancipation when the applicant qualifies as listed above, 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:
1) 2) 3) Whether the parent of the minor consents to the proposed emancipation, 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 Whe ther the minor ca n d em on strate to th e sa tisfactio n of the Co urt th at the minor is sufficie ntly mature and knowledgeable to manage the minor's affairs without parental assistance.

The procedure to follow when requesting emancipation is as follows:
1) 2) The youth seeking the emancipation obtains an eman cipation application form a t any Juv en ile De pa rtm en t offic e (th e yo uth co m ple tes the ap plic ation form ). The youth p resents th e a pplication a nd the fee to the C lerk o f th e C ou rt, C ircu it Court, Marion Co unty Courthouse, 100 Hig h Street NE , Salem , Oreg on . The Cle rk w ill forw ard the ap plic ation to the Juven ile Court and issue a receipt to the youth. The Juv en ile Court shall conduct a preliminary hearing within ten (10) court days of the filing date. Notification to th e p arents a nd /or guardian will be in acco rdanc e w ith ORS 419B.555(3) and ORS 419B.812 to 419B.829, and d epa rtment p olicy. At the hearing, the Court may grant or refuse to grant emancipation. Upon entry of a judgm ent of em anc ipation by the Court, the app licant shall be given a copy of the judgm ent. The judgment shall instruct that the applicant obtain an Oregon identification card through the Motor Vehicles Division of the Department of Transportation and that the Motor Vehicles Division make a notation of the minor's emancipated status on the license or identification card.

3)

4) 5)

A judgment of emancipation will serve only to:
1) Rec ogn ize 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 the purposes of the criminal laws of this State. Terminate as to th e p are nt a nd ch ild relationship the provisions of ORS 109.010 until the child reaches the ag e of ma jority. Terminate as to the child and parent relationship the prov ision s of ORS 109.053, 109.100, 419B.373, 419B.400, 419.402, 419B .404, 419B.4 06, 419B .408, 419C.550, 419C.590, 419C.592, 419C.595, 419C.597, and 419C.600. A judgment of emancipation shall not affect any age qualification for purchasing alcoholic liquor, the requireme nts for obtaining a ma rriage license, nor the minor's status under ORS 109.510. An e m an cipate d m inor shall be subje ct to the jurisdiction of the ad ult co urts for all crimin al offe nses.

2) 3)

4) 5)

A person making application for emancipation status should consult an attorney. Juvenile Court will not appoint legal counsel for emancipation proceedings.
J UV -PRO BA T IO N--0 1 0 REV: 3 -21 -04

The