Utah Code 80-7-103. Petition for emancipation — Amending a petition

(1)	A minor may petition the juvenile court on the minor’s own behalf for a declaration of emancipation.

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Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
Continuance: Putting off of a hearing ot trial until a later time.
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.
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.
Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:

(a)

marriage;

(b)	enlistment in the armed forces;

(c)	major medical, surgical, or psychiatric treatment; or

(d)

legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102

Minor: means an individual who is 16 years old or older. See Utah Code 80-7-102

(2)

The petition under Subsection (1) shall:

(a)	be on a form provided by the clerk of the juvenile court; and

(b)

state that the minor is:

(i)	16 years old or older;

(ii)	capable of living independently of the minor’s parents or guardian; and

(iii)

capable of managing the minor’s own financial affairs.

(3)	Notice of the petition shall be served on the minor’s parents, guardian, any other person or agency with custody of the minor, and the Child and Family Support Division of the Office of the Attorney General, unless the juvenile court determines that service is impractical.

(4)

(a)	When it appears in a proceeding under this chapter that evidence presented points to material facts not alleged in the petition described in Subsection (1), the juvenile court may consider the additional or different material facts raised by the evidence if the parties consent.

(b)	The juvenile court, on a motion from any interested party or on the court’s own motion, shall direct that the petition be amended to conform to the evidence.

(c)	If an amended petition under Subsection (4)(b) results in a substantial departure from the material facts originally alleged, the juvenile court shall grant a continuance as justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.

Renumbered and Amended by Chapter 261, 2021 General Session

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