Family & Safety

What is emancipation?

Emancipation is a legal term describing a child’s release from the custody and control of their parents or guardians. Emancipation occurs by law at 18. A special emancipation order can be issued for minors who are 16 or 17. This order allows children to live independently from their parents. They can exercise greater control over their own lives.

What problems can a special emancipation order solve?

An emancipation order may help a child avoid some legal problems. Here are some examples of difficulties that the order can solve:

• Unlicensed shelters or homes must notify parents of the whereabouts of their child;
• Police, judges, or other officials may force the child to return home against their wishes;
• A child may have to accept placement Cases in which youth are removed from their homes and placed elsewhere in a shelter or foster home;
• Landlords may refuse to lease to children; and
• Some government agencies may deny To refuse or say no benefits or services to a child without parents’ consent When someone gives permission for someone else to do something .

If a child becomes emancipated, what does that mean for their parents or guardians?

Once the child is emancipated, their parents may no longer be able to decide where they will live, go to school, or work. They may not be able to discipline the child. They may not be able to make the child work or give them any money the child earns. At the same time, however, the parents may not have to provide the child with any financial support. This is true unless their order specifies that the parents must continue to support the child.

Is emancipation an available option for every adolescent?

No. Everyone automatically becomes emancipated at age 18. Only “mature” minors who are 16 or 17 can become legally emancipated before 18. Here are the requirements for emancipation:

• The child must prove that they can manage their own affairs;
• They must show that they have already lived completely or partially independently from their parents; and
• They must state the reasons that they are seeking emancipation.

Who should seek emancipation, and who should not?

Generally, only minors who have a special need should consider it. Such special needs may include:

• Problems getting housing because of the child's age or legal status;
• Educational barriers due solely to the child's age or legal status; or
• The child's inability to enter into contracts because of their age.

Minors who should not consider emancipation include:

• Minors who need continuing financial support from their parents;
• Minors who have no special need; or
• Minors who do not have a plan for safe and stable housing.

Is it hard to be emancipated if you are between 16 and 18?

Yes. To get an emancipation order, someone else must file a case on the child's behalf in court. Then the child will need to convince the judge that they are a “mature” minor A person under 18 years old . The child may find it difficult to get the order if:

• Their parents object to their emancipation;
• The child is seeking emancipation in order to qualify for public aid, and they have no other income;
• The child cannot prove they are mature;
• The child still lives with their parents and are wholly supported by them; and
• They are unsure about where they are going to live.

How can a child prove that they are mature?

If other people can say that the child has signs of maturity, the child may have enough “proof” for the judge. The child will need evidence Anything used to show that something is true of their maturity from witnesses such as:

• Friends;
• Teachers;
• Counselors;
• Employers; or
• Other adults who can say that the child is mature.

Remember that the child is an important witness A person who answers questions in court under oath for themselves. How they act in court and their reasons for seeking the order will influence the judge's decision.

In addition, the following evidence is very helpful:

• A good school or vocational education record;
• A good work history;
• Proof that the child has paid their own bills;
• A reasonable financial plan for themselces;
• A long-range goal for themselces;
• Significant responsibilities, such as caring for younger children or older people;
• Volunteer work; or
• Religious activities.

Can parents force a child to be emancipated against their wishes?

No. The child must agree, too. Parents cannot force children to become emancipated until they turn 18.

Can parents prevent a child from becoming emancipated?

If the parents object, the judge can still grant a child's petition (noun) A written request to a court (verb) To request from a court , but only if the child proves it is in their best interests.

Can parents still be required to support the child if they are emancipated?

Yes. The judge can order parents to continue to support an emancipated child. An emancipation can be partial or complete. If it is partial, the parents will still have some duties or rights concerning the child.

Can a child get public aid if they are emancipated?

Maybe. Judges probably will not issue the order if the child's purpose is to get public aid. Even if the child gets the order, the child might still be denied because of their age. If the child becomes emancipated and later finds they need public aid, they should apply for it and should qualify as an adult Any person 18 years old or over .

Is “independent living” the same as emancipation?

No. “Independent living” is a term for special state-funded programs to teach adult living skills to older teens. In fact, if a child is emancipated, it may be difficult to get into an independent living program.

Can a child be emancipated if they are a youth in care?

Yes. A Juvenile Court Any court that has jurisdiction over matters involving juveniles. judge can order a child emancipated from the Department of Children and Family Services (DCFS). The order will be issued on the same basis as any other 16 to 18 year old minor. If a child is emancipated, they will not be able to return to state-funded care. This is true unless the judge terminates the order. If a child's caseworker recommends emancipation, it is recommended the child talk to a lawyer Someone who represents clients in courts or who gives legal advice before they agree to an emancipation order. If the child does not have a lawyer, get free legal help.

Learn more about emancipation if you are a youth in DCFS care.

If a child runs away from home, will that help them be emancipated?

Probably not. It is true that most emancipated minors live away from home. However, merely getting away from home won't help. It is best if the child is living in a stable location before seeking emancipation. A stable location can be with friends or relatives' place or their own apartments.

How long will it take to become emancipated?

It can take at least two months for the court to process a petition for emancipation. The child will have to give three weeks' notice to their parents that they are seeking emancipation.

Can a child become emancipated if they are a homeless minor?

Homeless minors can petition the court for emancipation just like any minor can. 

Are any other options besides emancipation available if the child is a homeless minor?

Homeless minors may also consent to housing in specially licensed youth transitional housing programs. To get into one of these programs, the child first has to become partially emancipated.

Who qualifies for youth transitional housing programs?

The requirements include:

• The child must be age 16 or 17;
• The child does not have a fixed, regular, and adequate place to live. This includes youth sharing the housing of other people, youth in a temporary shelter, or minors who are unwilling or unable to return home;
• The child has been living independently of their parents or legal guardians;
• The child wants to participate in a youth transitional housing program;
• A transitional housing program is able to provide services; and
• A transitional housing program has found the child eligible for their services.

Also, either the child or their parents must consent to the program. The child can only consent if:

• A state agency tried to bring their family together again and failed;
• The Department of Children and Family Services hasn’t found that the child has been abused or neglected and needs some other treatment; and
• A state agency has tried to notify their parents or guardians.

How does a child join a youth transitional housing program?

The child must meet the eligibility requirements above, and the child must become partially emancipated. To meet the eligibility requirements, the child should contact a homeless youth provider.

The steps for emancipation are the same as those outlined above. The child should file a petition with the court that includes the following:

• The child's age;
• The child's residence;
• The names and addresses of the child's parents/legal guardian;
• That the child is homeless and have been living completely or partially independent of their parents or legal guardians;
• That family reunification efforts were attempted through a state agency, and those efforts failed;
• The name of the licensed transitional housing program willing and able to provide housing and services, along with the name and phone number of a staff person at the program; and
• The reason that the services and housing are appropriate and necessary for the well-being of the minor.

The child's parents or legal guardians will need to receive written notice of the petition within 21 days. When the child goes before the judge, the child will need to tell them that they consent to receiving services and shelter at the transitional housing program. A representative of the program may be required to appear to verify facts.

The judge may grant the child partial emancipation and then admit them to a housing program.  However, the child's parents have a right to ask for a hearing When the parties in a case present their sides of a case to a judge or other officer . The petition can still be granted if a parent or guardian objects to the partial emancipation, but only if the judge thinks it is in the child's best interests.