The Arizona Legislature passed a law that went into effect on August 12, 2005 that allows minors to be emancipated. The law can be found at A.R.S. §§ 12-2451 through 12-2456. However, emancipation is a very difficult process that few are eligible for.
Youth can be emancipated if they meet the following criteria:
- At least 16
- An Arizona resident
- Financially self-sufficient
- Acknowledges in writing that they have read and understand the rights and obligations of emancipation
- Not a ward of the court or in the state’s custody.
Minor must demonstrate to the court the ability to:
- Manage financial, personal and social affairs.
- Live wholly independent of parent or guardian.
- Obtain or maintain health care, education, training or employment.
Documentation-- the minor must provide at least one (1) of the following:
- Documentation of the minor’s independent living for at least three consecutive months.
- Statement explaining why the minor believes the home of the parent or legal guardian is unsafe.
- A notarized statement of written consent from the parent or guardian in addition to an explanation by the parent or guardian.
- The court has up to 90 days to hear the emancipation request.
- Minor may represent themself or be represented by an attorney.
- The court may appoint a lawyer for the minor.
- At least 2 months before the hearing, the court must notify the minor's parents.
- The parents have up to 30 days to object to the emanicpation.
- The parents may request mediation or the court may order mediation.
Basis for Court decision
- Potential risks and consequences of emancipation.
- The wishes of the minor.
- Opinions and recommendations of the minor’s parents or guardian.
- Financial resources of the minor and the minor’s ability to be financially self-sufficient.
- The employment, education and criminal history of the minor.
Rights of Emancipated Minors -- An emancipated minor is entitled to:
- Enter a contract.
- Sue and be sued.
- Buy and sell real property.
- Establish legal residence.
- Pay child support.
- Incur debts.
- Apply for social services.
- Obtain a job-related license.
- Apply for school.
- Apply for loans.
- Access medical treatment and records.
- Consent to medical treatment.
- A driver's license or non-operating license with the words: Emancipated Minor.
ncorrigibility means the breaking of rules or laws that usually don’t apply to adults, behaving in a manner that that could endanger self or others, and refusing to obey the reasonable orders or directions of parents and guardians. Incorrigible actions include missing school, running away, and using tobacco and alcohol. (ARS 8-201). There are several possible outcomes for incorrigibility. These include being put on probation, having driving privileges suspended, paying fines for damages (sometimes called restitution) (ARS 8-323)
What is Curfew?
Curfew is how late you can legally stay outside in a public place. The State of Arizona allows each city to set curfews, and they can be different from place to place. If you violate curfew you may be ticketed, have to pay a fine, do community service, or be held at the police station while a parent or guardian is called. Your parent or guardian is also liable to be cited for your violation of curfew laws. Curfews are often different on weekends and weeknights, and are often different if you are under the age of 16 or under the age of 18.
Each city enforces its own laws and those of the state. A city’s law is sometimes called a 'Municipal Code' or 'City Code.’ Curfew times vary from city to city within Arizona. Your best source for the curfew law in your city is your local police department or city attorney’s office. You may also search a municipal code web site for more information. Generally, you can be out past curfew only if you:
- Are with your parent or guardian;
- Are with an adult and have prior permission from your parent or guardian;
- You are traveling to another state in a motor vehicle and have permission from your parent or guardian;
- You are going or returning from work by the most direct route without any detours or stops;
- You are involved in an emergency or have prior permission from your parent or guardian and are engaged in a reasonable, legitimate, and specific business and/or activity;
- You have prior permission from your parent or guardian, and engaged in a reasonable exercise of your First Amendment Rights protected by the United States Constitution;
- You are married and 16 years of age or over, or in the military, are on the sidewalk in front of your house or on the next-door neighbor's property with their consent.
Possible consequences if curfew is violated:
- Some police departments issue tickets for violating curfew
- Some may give you a warning or take you to the police station and call your parents
- You may have to pay a fine or do community service and have a juvenile record
- Your parents or guardian may have to pay a fine, do community service
- Both you and your parents may be found guilty of a misdemeanor.
A sample of some curfew laws for selected cities:
Casa Grande: Age 15 and under (every day, including weekends) : 10:00 P.M. to 5:00 A.M.; 16 -18 years (every day, including weekends) : Midnight to 5:00 A.M.
Chandler: Age 15 and under: 10 P.M . to 5:00 A.M. (every day, including weekends); Ages 16-18 years: Midnight to 5:00 A.M. (every day including weekends). Juveniles are allowed out after the specified times if they are accompanied by a parent, legal guardian, or spouse, or have written permission from the same. Curfew is considered 'over' at 5 A.M.
Clarkdale/Cottonwood: Age 15 under: 10:00 P.M. to 5:00 A.M. every day, including weekends; Age 16 -17: Midnight to 5:00 A.M. every day, including weekends.
Mesa: Age 16 or younger: 10 P.M. to 5:00 A.M. every day, including weekends; Age 16-18: 12 am midnight to 5:00 A.M. every day, including weekends; Violating this law is a misdemeanor, and the penalties include a maximum fine of $2,500.00 or imprisonment for up to six (6) months, or both.
Phoenix (including the Ahwatukee area) : Under age 16: 10 P.M. to 5:00 AM every day, including weekends; Age 16-18: 12 am midnight to 5:00 A.M. every day, including weekends
Peoria : : Age 15 or under: 10:00 P.M. to 5:00 AM every day, including weekends; Age 16 -18: 12:00 to 5:00 A.M. every day, including weekends. Violating Peoria’s curfew law is a misdemeanor, and the penalties include a fine of $50 to $150 plus fees with mandatory community service or educational programs. Parents found guilty of allowing their kids to stay out past curfew are guilty of a class one misdemeanor too, and can be fined $100-$250. Parents might also have to pay extra fees related to the City's court costs and might have to perform community service, counseling, educational programs or even be placed on probation.
Scottsdale : Age 15 and under: 10:00 P.M. to 5:00 A.M. every day, including weekends; Age 16 -18: 12:00 to 5:00 A.M. every day, including weekends.
Tucson : : Age 16 years or younger: 10 P.M. to 5:00 A.M. every day, including weekends; Age 16-18: midnight to 5:00 A.M. every day, including weekends. In addition, minors younger than 16 cannot remain, loiter or cruise in any vehicle in the county or its unincorporated areas between 10 p.m. and 5 a.m. The same law applies to 16- and 17-year-olds, between midnight and 5 a.m. The fine for a curfew violation is $25 for the first violation, up to $50 for the second violation, and up to $75 for the third violation.
Your best source for the curfew law in your city is your local police department or city attorney’s office. You may also search an external Municipal Code web site for more city codes.