461-B:1 Definitions. – In this chapter: I. " Minor " means a person who is under 18 years of age. II. " Court " means the judicial branch family division, unless otherwise indicated. Source. 2019, 110:1, eff. Jan. 1, 2020.
461-B:10 Court Sessions; Access to Information. – All hearings shall be held separate from the trial of criminal cases and such hearings shall be held wherever possible in rooms not used for such trials. Only such persons as the parties, their witnesses and counsel and representatives of the agencies present to perform their official […]
461-B:11 Court Records. – The court records of proceedings under this chapter other than a final order of emancipation shall be kept in books and files separate from all other court records. Such records shall be withheld from public inspection but shall be open to inspection by juvenile probation and parole officers, a parent, […]
461-B:12 Appeals. – An appeal under this chapter may be taken to the superior court by the minor, parent, guardian, or custodian, within 30 days of the final dispositional order, but an appeal shall not suspend the order or decision of the court unless the court so orders. The superior court shall hear the […]
461-B:2 Jurisdiction. – I. The court shall have exclusive original jurisdiction over all proceedings determining whether a minor should be emancipated in whole or in part. II. The court may retain jurisdiction over the emancipated minor prior to the minor’s eighteenth birthday. III. The court shall close the case when the minor reaches the […]
461-B:3 Venue. – I. Proceedings under this chapter may be originated in any judicial district in which the minor is found or resides. II. By the court upon its own motion or that of any party, proceedings under this chapter may, upon notice and acceptance, be transferred to another judicial district as the interests […]
461-B:4 Petition for Limited Emancipation. – I. A minor who is 16 years of age or older may petition the court for an order granting limited emancipation to the youth. II. The petition shall include, in writing: (a) The name and address of the minor. (b) The names and addresses of: (1) The parents […]
461-B:5 Burden of Proof. – The petitioner has the burden to prove the allegations in support of the petition by clear and convincing evidence. Source. 2019, 110:1, eff. Jan. 1, 2020.
461-B:6 Issuance of Summons and Notice. – I. After a legally sufficient petition has been filed, the court shall schedule a hearing and issue notice, including a copy of the petition, to be served personally upon the parent or guardian of the minor. II. If personal service is not possible, service shall occur at […]
461-B:7 Hearing. – I. The court shall hold a hearing within 30 days of the filing of a petition under this section or within 10 days of service of notice upon the interested parties, whichever occurs later. II. The time frame established in this section may be extended for an additional 10 days upon […]
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 […]
461-B:9 Modification of Order. – I. The court, on its own motion or the motion of any parties to the dispositional hearing, may modify or revoke the emancipation order upon a showing that: (a) The minor has committed a material violation of the law; (b) The minor has violated a condition of the limited […]
