SB 1062
Initials AG/KM Page 1 Health & Human Services
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
Senate: HHS DPA 7-0-0-0 I 3
rd
Read 29-0-1-0
SB1062: minors; capacity to consent; shelter
Sponsor: Senator Shope, LD 16
Committee on Health & Human Services
Overview
Permits an emancipated minor, a minor in a lawful marriage or an independent unaccompanied
homeless minor to give consent to the furnishing of shelter, transitional living or other temporary
housing or homeless-associated and supportive services. Exempts shelter, transitional living and
other temporary housing providers from criminal and civil liability for providing services to a minor
who has authority or apparent authority to consent to those services.
History
A minor who has been issued an emancipation order is recognized as an adult for the following
purposes: 1) the right to enter into a binding contract; 2) the ability to sue and be sued; 3) the right
to buy and sell real property; 4) the right to establish a legal residence; 5) the obligation to pay
child support; 6) the right to incur debts; 7) the right to access medical treatment and records; 8)
the right to consent to medical, dental and psychiatric care without parental consent, knowledge
or liability; 9) the right to consent to medical, dental and psychiatric care for the emancipated
minor's child; 10) eligibility for social services; 11) the right to obtain a license to operate
equipment or perform a service; 12) the right to apply for enrollment in any school or college; 13)
the ability to apply for loans; and 14) the ability to pursue any other opportunity that is provided
by law to a person who is at least 18 years of age (A.R.S. § 12-2454).
Currently, any emancipated minor, a minor who has contracted a lawful marriage or any homeless
minor, notwithstanding any other provision of law and without limiting cases in which consent
might otherwise be obtained or is not required, can give consent to the furnishings of hospital,
medical and surgical care and such consent cannot be subject to disaffirmance because of
minority. The consent of the parent or parents of such a minor is not necessary to authorize
hospital, medical or surgical care. A divorce or annulment of marriage does not deprive such a
minor of adult status once attained.
A health care provider acting in reliance on the consent of a minor who has authority or apparent
authority to consent to health care is not subject to criminal or civil liability and professional
disciplinary action on the ground that the provider failed to obtain consent from the minor's parent,
parents or legal guardian.
A homeless minor is someone under the age of 18 living apart from their parents and who lacks
a fixed and regular nighttime residence or whose primary residence is either a supervised shelter
designed to provide temporary accommodations, a halfway house or a place not designed or
ordinarily used for sleeping by humans (A.R.S. § 44-132).
The McKinney-Vento Homeless Assistance Act is a federal law created to support the enrollment
and education of homeless students. The law defines homeless children and youths as individuals
who lack a fixed, regular and adequate nighttime residence. This includes: SB 1062
Initials AG/KM Page 2 Health & Human Services
1) children and youths sharing housing of other persons due to loss of housing, economic
hardship or a similar reason;
2) children and youths who have primary nighttime residence that is a public or private place
not designated for or ordinarily used as a regular sleeping accommodation for human
beings;
3) children and youths living in cars, parks, public spaces, abandoned buildings, substandard
housing, bus or train stations or similar settings; and
4) migratory children who qualify as homeless because they are living in certain
circumstances.
Provisions
1. Allows an emancipated minor, a minor who has contracted a lawful marriage or an
independent unaccompanied homeless minor to give consent to the furnishing of shelter,
transitional living or other temporary housing or homeless-associated and supportive services.
(Sec. 1)
2. Specifies that the minor's consent is not subject to disaffirmance because of minority and that
the consent of the minor's parent or legal guardian is not necessary to authorize shelter,
transitional living or other temporary housing or homeless-associated or supportive services.
(Sec. 1)
3. Requires a person who provides shelter, transitional living or other temporary housing
services to attempt to notify the minor's parent or legal guardian and local police about the
location of the minor. (Sec. 1)
4. Stipulates that a divorce or annulment of marriage does not deprive a minor of their right to
consent for shelter and support services. (Sec. 1)
5. States that a shelter, transitional living or other temporary housing provider or homeless-
associated or supportive services provider, acting in reliance on the consent of a minor who
has authority or apparent authority to consent to these services, is not subject to criminal or
civil liability and professional disciplinary action on the ground that the provider failed to obtain
consent from the minor's parent or legal guardian. (Sec. 1)
6. Clarifies that the exemption from criminal or civil liability does not apply to liability that arises
from the provider's or facility's own acts of negligence or willful misconduct. (Sec. 1)
7. Defines unaccompanied homeless minor. (Sec. 1)
8. Contains legislative findings. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note