N.H. Rev. Stat. § 461-B:8

Current through Chapter 381 of the 2024 Legislative Session

Section 461-B:8 - Disposition

I. Limited emancipation may be granted only if the court has found:

(a) Limited emancipation is in the minor's best interest;

(b) The minor desires limited emancipation;

(c) The minor has lived separate and apart from his or her parents or legal guardian for 3 months or longer;

(d) The minor has demonstrated the ability to be self-sufficient in his or her financial and personal affairs, including proof of employment or other means of support. "Other means of support" shall not include receipt of Temporary Assistance to Needy Families or municipal general assistance;

(e) The minor has graduated or will continue to diligently pursue graduation from high school or a high school equivalency certificate; and

(f) There exists no public interest compelling denial of limited emancipation.

II. If it is considered necessary by the court, the minor shall participate in periodic counseling with an appropriate advisor of the minor's choosing.

III. An order of limited emancipation shall specifically set forth in writing the rights and responsibilities that are being conferred upon the minor. These may include but are not limited to one or more of the following:

(a) The right to live independently.

(b) The right to live in housing of the minor's choice.

(c) The right to directly receive and expend money to which the minor is entitled and to conduct the minor's own financial affairs.

(d) The right to enter into contractual agreements and incur debts.

(e) The right to consent to medical psychiatric, education, and social services.

(f) The right to obtain a license to operate equipment or perform a service.

(g) The right to enlist in the military.

IV. An order of limited emancipation may include a provision requiring that the youth make periodic reports to the court.

V. An emancipated minor shall not be considered an adult for:

(a) Constitutional and statutory age requirements regarding voting, use and possession of tobacco and alcoholic beverages, possession of firearms, gambling, or other health and safety regulations relevant to the minor because of the minor's age; or

(b) Purposes of the adult criminal laws except cases transferred to the superior court pursuant to RSA 169-B:24.

VI. An emancipated minor with the enumerated right to live independently shall not be considered a minor child pursuant to RSA 173-B.

RSA 461-B:8

Added by 2019 , 110: 1, eff. 1/1/2020.

2019, 110 : 1 , eff. Jan. 1, 2020.