Iowa Code 232C.3 – Determination of emancipation — best interests of the minor
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1. The juvenile court shall determine emancipation based on the best interests of the minor and shall consider all relevant factors including the following:
a. The potential risks and consequences of emancipation and whether the minor understands the risks and consequences of emancipation.
b. The ability of the minor to be financially self-sufficient.
c. The education level of the minor and success achieved in school.
d. The criminal record of the minor.
e. The desires of the minor.
f. The recommendations of the parents or guardian of the minor.
Terms Used In Iowa Code 232C.3
- Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
2. The minor has the burden of proving by clear and convincing evidence that the requirements for ordering emancipation under this section have been met.
3. The juvenile court shall carefully consider the best interests of the minor and after hearing and consideration of the factors enumerated in this section, the juvenile court may order the minor emancipated or deny the petition for emancipation.
4. If, after referral of a petition for the initiation of family in need of assistance proceedings pursuant to section 232C.2, the juvenile court finds, by clear and convincing evidence, that no remedy is available that would result in strengthening or maintaining the familial relationship under the family in need of assistance proceedings pursuant to sections 232.122 through 232.127, the juvenile court may order the minor emancipated as provided in this section.