Hawaii 2024 Regular Session

Hawaii Senate Bill SB399

Introduced
1/20/23  
Refer
1/25/23  
Introduced
1/20/23  

Caption

Relating To Children.

Impact

With the implementation of SB399, minors who qualify for emancipation will gain legal rights typically reserved for adults, including the ability to make contracts, manage their own finances, and make decisions regarding their healthcare. The bill outlines the responsibilities of the court during emancipation proceedings, including appointing legal counsel for minors and ensuring appropriate investigations into the circumstances of their petitions. This change aims to give minors a pathway to independence while still maintaining safeguards to prevent misuse of the emancipation process.

Summary

SB399 aims to amend the existing jurisdictional provisions concerning minors within the family court system, specifically addressing emancipation. The bill expands the original jurisdiction of the family court to include the ability to declare a minor emancipated under specific circumstances, such as when the minor is on active military duty or has reached the age of 16 years. The legislation stipulates the eligibility requirements and procedural steps necessary for a minor to file a petition for emancipation, empowering them to seek legal recognition as independent individuals.

Contention

The key points of contention surrounding SB399 involve the balance between granting minors independence and ensuring their protection. Detractors may raise concerns about the potential for minors to make uninformed decisions regarding their emancipation, especially regarding financial or healthcare responsibilities. Proponents argue that the bill addresses the evolving needs of minors seeking independence in modern society while providing the necessary legal framework to protect their interests.

Companion Bills

HI SB399

Carry Over Relating To Children.

Previously Filed As

HI SB399

Relating To Children.

HI HB349

Relating To Children.

HI SB2878

Relating To Children.

HI HB2286

Relating To Marriage Of Minors.

HI SB279

Relating To Marriage Of Minors.

HI HB206

Relating To Marriage Of Minors.

HI SB46

Relating To Marriage Of Minors.

HI SB46

Relating To Marriage Of Minors.

HI HB206

Relating To Marriage Of Minors.

HI HB453

Relating To Children.

Similar Bills

CA AB2224

Special immigrant juvenile status: court orders and guardianship.

HI HB349

Relating To Children.

HI SB399

Relating To Children.

HI SB2878

Relating To Children.

AZ HB2492

Guardianship; court appointments; care placement

CA AB1378

Standby guardianship of minors.

VA SB514

Incapacitated persons; changes to provisions of guardianship and conservatorship.

NJ A4302

Revises requirements concerning disqualification from registration as, and duties of, a professional guardian.