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Washington OF EMANCIPATION (DCE) - Page 3 of 3 WPF EM 01.0400 (9/2001) - RCW 13.64.050, .060 ________________________ JUDGE/COMMISSIONER Presented by: _____________________________________ Signature OF Petitioner _____________________________________ Type or Print Name of Petitioner DECREEes, and other health and safety regulations relevant to the minor because of the minor's age. 3.5 Other: _____________________________________________________ Dated: ______________________ _______050, .060 (b) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) Those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverag when the emancipated minor is a victim and the age of the victim is an element of the offense; or 22 23 24 25 26 27 28 DECREE OF EMANCIPATION (DCE) - Page 2 of 3 WPF EM 01.0400 (9/2001) - RCW 13.64.t be considered an adult for: (a) The purposes of the adult criminal laws of the state unless the decline of jurisdiction procedures contained in RCW 13.40.110 are used; The criminal laws of the statetus; and The right to give informed consent for receiving health care services. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 3.2 3.3 (b) (c) (d) (e) (f) (g) (h) 3.4 The petitioner shall no limited to property transactions; The right to work, and earn a living, subject only to the health and safety regulations designed to protect those under age of majority regardless of their legal starate residence or domicile; The right to enter into non-voidable contracts; The right to act autonomously, and with the power and capacity of an adult, in all business relationships, including but notlationship, including obligations imposed because of marital dissolution; The right to sue or be sued in his or her own name; The right to retain his or her own earnings; The right to establish a sepa the purposes of, but not limited to: (a) The termination of parental obligations of financial support, care, supervision, and any other obligation the parent may have by virtue of the parent-child rense or identification card. The petitioner shall be considered to have the power and capacity of an adult, except as provided in paragraph 3.4 below. The petitioner shall be considered emancipated foration is granted. The petitioner shall obtain a Washington driver's license or a Washington identification card. The Department of Licensing shall make a notation of the emancipated status on the licerimental to the interests of the minor. (To be checked only if a parent, guardian, custodian, or the department, opposes the petition for emancipation.) 1 2 III. DECREE. 3.1 The petition for emancip petitioner has the ability to manage his or her personal, social, educational, and non-financial affairs. There is clear and convincing evidence that denial of the grant of emancipation would be det convincing evidence: (a) (b) (c) (d) The petitioner is 16 years of age or older; The petitioner is a resident of the state; The petitioner has the ability to manage his/her financial affairs; and TheEM 01.0400 (9/2001) - RCW 13.64.050, .060 The court FINDS that the Petition for Emancipation should be granted and a decree entered because: The petitioner has proved the following facts by clear andS ACTION REQUIRED I. BASIS. A hearing on a Petition for Emancipation has been held in this court. II. FINDINGS. 16 17 18 19 20 21 22 23 24 25 26 27 28 DECREE OF EMANCIPATION (DCE) - Page 1 of 3 WPF pe name 1 2 3 4 5 6 7 8 9 10 In Re: SUPERIOR COURT OF WASHINGTON COUNTY OF _______________________ No.______________________ DECREE OF EMANCIPATION (DCE) 11 12 13 14 15 D.O.B.: Petitioner. CLERK' on (date)________________ at (City)_______________________, (County)_____________________, Washington. _______________________________ Signature of Server _______________________________ Print or ty_ (name of person served) with the following papers: Petition for Emancipation, Notice of Emancipation Hearing. Signed and submitted under penalty of perjury under the laws of the State of Washingtony that I am at least 18 years of age and am not a party to this action. On the _______________day of ________________, 20 ____, at he hour of _______________a.m./p.m., I served________________________9/2000) - RCW 13.64.030 SUPERIOR COURT OF WASHINGTON COUNTY OF _______________________ In Re: No.______________________ AFFIDAVIT OF SERVICE Petitioner. D.O.B.: I swear under the penalty of perjurorney or Petitioner ________________________________ Type or Print Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AFFIDAVIT OF SERVICE - Page 1 of 1 WPF EM 01.0200a (ould be granted. Dated: ___________________________ 23 24 25 26 27 28 NOTICE OF HEARING (NTHG) - Page 1 of 1 WPF EM 01.0200 (9/2000) - RCW 13.64.030 ________________________________ Signature of Attm./p.m. (Date) (Time) At:________________________________Court, Room/Dept: ______________ 3. The purpose of the hearing is to determine whether the relief requested in the Petition for Emancipation sht: 1. A Petition for Emancipation, copy attached, has been filed with the court. 16 17 18 19 20 21 22 2. A hearing date has been set: On: _______________________________ at: _____________________ a.OURT OF WASHINGTON COUNTY OF _______________________ No.______________________ NOTICE OF EMANCIPATION HEARING (NTHG) TO: _________________________________________________ You are hereby NOTIFIED tha__________________. ______________________________ Signature of Petitioner ______________________________ Print or Type Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 D.O.B.: Petitioner. In Re: SUPERIOR Clty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at (City, state, County)_____________________________________, on (date signed)_________________ except as provided in RCW 13.64.060(2). Dated: _______________________ ______________________________ Signature of Petitioner ______________________________ Print or Type Name I declare under penaF EM 01.0100 (9/2000) - RCW 13.64.010, .020 II. RELIEF REQUESTED The petitioner hereby REQUESTS the court to enter a decree of emancipation granting the petitioner the power and capacity of an adult,NCIPATION (PTE) ­ Page 3 of 4 WPF EM 01.0100 (9/2000) - RCW 13.64.010, .020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PETITION FOR EMANCIPATION (PTE) ­ Page 4 of 4 WPtitioner has the ability to manage his or her personal, social, educational, and nonfinancial affairs. This declaration is based on the following supporting information: 1.6 OTHER: PETITION FOR EMAon the following supporting information: (Attach any proof of employment, W-2s, copies of paycheck stubs, etc). 1 2 1.5 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The pe________________________________________ ________________________________________________________ 1.4 The petitioner has the ability to manage his or her financial affairs. This declaration is based ___________________________________________ Last known address of the petitioner's parent or parents, guardian, or custodian: ________________________________________________________ _____________________________________________ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PETITION FOR EMANCIPATION (PTE) ­ Page 2 of 4 WPF EM 01.0100 (9/2000) - RCW 13.64.010, .020 ________________ 3 4 5 6 1.2 1.3 A certified copy of the petitioner's birth certificate accompanies this petition. Name of the petitioner's parent or parents, guardian, or custodian: ___________________________ANCIPATION (PTE) ­ Page 1 of 4 WPF EM 01.0100 (9/2000) - RCW 13.64.010, .020 1 2 State and county of petitioner's birth: (County Name and State) _____________________________________________________) 22 23 24 25 ________________________________________________________ Petitioner's Date of Birth: (Month/Day/Year) ________________________________________________________ 26 27 28 PETITION FOR EM_____ 18 19 20 21 Petitioner's present address is: (Number, Street, City, State, ZIP) ________________________________________________________ Length of time residing at that address: (Years/Monthsder and who is a resident of this state, petitions the court for a declaration of emancipation. 1.1 Petitioner's full name is: (First, Middle, Last) ___________________________________________________NTY OF _______________________ No.______________________ PETITION FOR EMANCIPATION (PTE) 11 12 13 14 15 16 17 D.O.B.: Petitioner. I. BASIS. The undersigned minor, who is sixteen years of age or olch parent/ guardian/ custodian/ State of Washington to the hearing. If the judge signs the decree, get a certified copy from the clerk. 5 1 2 3 4 5 6 7 8 9 10 In Re: SUPERIOR COURT OF WASHINGTON COUif someone will be opposing your petition. Signature - leave the date and signature lines blank for the judge to sign. Finalization - Bring the completed decree form, along with proof of service on ea FORM 4: Decree of Emancipation Caption - Complete the caption as instructed in the Petition instructions. Put your case number on the form. Findings - Check the first box. Check the second box only pers then signs the certification indicating the date and the location where the affidavit is signed. Filing ­ Once the form is fully completed, file it with the court in advance of your hearing date.e. Fill in the name of the person who was served. (If more than one person is served (i.e. your mother and your father), you will need more than one form.) Certification - The person who served the pathe caption as instructed in the Petition instructions. Put your case number on the form. Body ­ Have the person who served the papers fill in the day, month, year, and time that the service took placof the Petition and Notice of Hearing to the Attorney General's office for your area. 4 Signature - Date, sign, and print your name where requested. FORM 3: Affidavit of Service Caption - Complete ven though you've tried to get it. If you are currently in Foster care, you must also notify the Department of Social and Health Services (DSHS) by hand-delivering or sending by certified mail a copy the sworn statement and/or certified mail receipt). The judge will waive the service requirement at the hearing if you can prove that the address of the parent, guardian, or custodian is unavailable eperson served, and name of documents served. (A sample affidavit is included in this packet after the Notice of Emancipation Hearing form.) For each parent, bring proof that you served them or tried ( return receipt requested, to the last known address of each parent. You can also have someone (other than yourself) hand-deliver the papers and write a sworn statement giving the date, time, name of department. Service - You will need to serve (that is, provide an official copy of) the Petition and Notice of Emancipation Hearing forms to each of these people by sending the papers certified mail,u filed your petition. Once you figure out a safe date which will allow you enough time to serve everyone, but still be within the 60 days, write in the date and time, as well as the court and room or be no sooner than sixteen days after all persons have been served (each parent, guardian, custodian, and the Attorney General if there was a dependency) and no later than sixty days after the date yoho is living, regardless of what role they have played in your life. Hearing Date - To set the hearing date, ask the court clerk what days the court hears emancipation petitions. The hearing date musttion as instructed in the Petition instructions. Put your case number on the form. After the word "TO:" below the caption, write the names and addresses of each parent, guardian, and legal custodian wboth on the "Signature of Petitioner" line, and on the bottom signature line, filling in the city and state and date where requested. FORM 2: Notice of Emancipation Hearing Caption - Complete the cap job which is your only source of money, and psychological or physical damage which would be caused by living or continuing to live with your parents or guardian. Signature - Sign and print your name odian will fight the emancipation, write facts here showing how you will be hurt if the emancipation is denied. Examples include not being able to rent housing which you need, not being able to keep ad, statements from relatives, friends, pastors or other clergy stating how long you have been on your own and how you have been doing, etc. Paragraph 1.6 - If you think your parents, guardian, or cust include school records showing good 3 attendance and grades, current and future educational plans, housing situation or plans, health records showing you have gone to the doctor and dentist as needend any other monthly expenses. Your bills should not be higher than your income. Paragraph 1.5 - Indicate if you are attaching any documents by writing, "See attached documents." Helpful documents mayo the court that you can take care of your own money. You will need to show both your income and where you get it, as well as all your bills, including groceries, transportation, housing, utilities, ause a black marker and blot out your account numbers because you want to avoid having your account number being made public.) In the blank space provided on the form, write any facts that will prove tpaying other bills on your own, etc. You may also want to attach bank documents showing you have your own bank accounts, and that the accounts have been kept in good order. (if you choose to do this, mployers, landlords, or other creditors stating how long you have been working, your work schedule, and how much you make; how long you have been living away from your parents; how long you have been write "Deceased" next to his or her name in this section. Paragraph 1.4 - Indicate if you are attaching any documents by writing, "See attached documents." Helpful documents may include letters from et been involved in your life for a long time. You must attempt to get the addresses of everyone listed in 1.3, unless there is no way for the address to be obtained. If a listed person has died, just he form requests the address, put the last known address for each person you listed above. You must list all parents, unless their rights to you have already been terminated, even if one parent has notified copy of your birth certificate. Paragraph 1.3 - Fill in the names of your parents. If you also have a legal guardian or custodian, put his or her name here (all names if more than one). Where ty by calling the Department of Health, Vital Statistics, in Olympia, at (360) 753-5936. If you were born in another state, you will need to call the state's capital to get information on getting a cer put a sticky note or other marker on your papers so you don't forget to attach a certified copy of your birth certificate to your Petition. If you were born in Washington, you can get a certified cop.1 - Where requested, write in your first, middle, and last names, your address, time at that address, birthday, and state and county where you were born. Paragraph 1.2 - Don't write anything here. Doncipation of:" When you file your petition, the clerk will assign a number to your case. You must write the number on every copy of all your documents after the word, "NO." in the caption. Paragraph 1d ending with the line about a third of the way down the page. Fill in the name of the county where you're filing after the words, "COUNTY OF." Write your complete name under the words, "In re the Ema 2 How to fill out the forms: FORM 1: Petition for Emancipation The Caption - The caption is the top part of the first page of each form, beginning with the words, "SUPERIOR COURT OF WASHINGTON," anensing office and obtain a driver's license or identification card that says that you are an emancipated minor. 15. Keep copies of all the documents you are submitting to the court for your own files.l sign the "Decree of Emancipation" form. You can get your copies of the Decree certified by the court clerk. 14. Next, bring a certified copy of the decree to the nearest Washington Department of Licr status. 12. Attend the hearing. Dress professionally and show up to court in time. Come with the "Decree of Emancipation" form and at least two copies. 13. If your petition is granted, the judge wildone by you personally. 11. Before the hearing date, prepare your case. Write up an out line containing the information that you want to tell the judge as to why you should be granted emancipated minod on your parent(s), legal guardian(s) or custodian(s) and, if needed, the Department of Social and Health Services. Service can be done through a private process server or the Sheriff, but cannot be in the date and time of the "Hearing Emancipation Notice" form (copies and original) and file the original with the court. 10. Have copies of the "Petition" and "Notice of Emancipation Hearing" servecess fee that must be paid. Once the service is completed, the person serving the papers must sign the "Affidavit of Service" form and file it with the court. 9. Ask the clerk for a hearing date. Fillis fee, you can ask the clerk for a fee waiver. If accepted by the court, you will not have to pay this fee. 8. Ask the clerk for instructions on having forms served. There is usually a service of proyou live. Keep the originals separated from the copies that you have made of the completed forms. 7. File the "Petition" form and pay the $50.00 filing fee to the clerk. If you cannot afford to pay the original (or a certified copy) of your birth certificate. 6. Take all of your completed forms and your birth certificate (or certified copy) to the Superior Court Clerk's office in the county where dult, failure to fully comply with these procedures can be an indicator that you are not ready for emancipation. 4. Using a black ink pen, fill out the requested information on each form. 5. Obtain thblank copies. 2. Read the instructions carefully. Failure to complete a form correctly may result in rejection of your petition. 3. Since this is a process to prove your worthiness to become a legal adless of being emancipated, you will be unable to vote in stet or federal elections until you reach age 18. How to petition for "Emancipated Minor" status: 1. Before marking on any form, make several e treated as an adult if you were not emancipated. 2. Alcohol Consumption: Even after being emancipated, you will be unable to legally drink alcohol until you are 21 years old. 3. Voting Rights: Regaronsidered an adult for the following purposes: 1. Criminal Jurisdiction: If you are arrested and charged with a crime, you can be treated as an adult only under the same circumstances that you could b and sell real estate. 6. You can make your own decisions on heath care issues. 7. You can keep any money that you earn. 1 Limits on Emancipation of Minors: If you are emancipated, you will not be c will become personally liable for your own basic needs (i.e. your clothing, your food, and housing costs.) 3. You can sign legal contracts in your own name. 4. You can sue and be sued. 5. You can owncipated minor mean? Consider the following things carefully before you seek to be emancipated. (This is not a complete list.) 1. Your parents will no longer have to provide any support for you. 2. You only if your petition for emancipation is opposed by a parent, guardian, or custodian. Harm can be physical or mental harm suffered by absent, delinquent, or abusive parents. What does being an emane a way to continue or complete your education, do you have medical insurance, do you have a social support system in place? 4. If emancipation is denied, you will suffer harm: This needs to be proventon indefinitely. 2. That you have the ability to handle financial affairs. Do you have a job or other source of income to support you? 3. That you have the ability to handle other affairs. Do you havnvincing evidence: 1. That you are a resident of Washington. Residence is established by living within this state for six months prior to filing the petition and having the intent to remain in Washingon Notice of Emancipation Hearing Affidavit of Service Decree of Emancipation What is the Process? The court will hold a hearing and you must establish all of the following key points by clear and coesire to be legally declared an adult. The Required Forms: The court will require that you prepare and file the following legal forms to process your petition for emancipation: Petition for EmancipatiMINOR EMANCIPATION (Under Washington State Law) To qualify for Emancipation: Under the law, you must: Be a legal resident of the State of Washington Be at least 16 years old, but not yet 18, and You d Washington