Question: Can a parent emancipate a child and have them removed from the house
Answer:
The statutes that govern emancipation are A.R.S. § 12-2451 through A.R.S. § 12-2456. A.R.S. § 12-2451 states that a minor may file a petition for an emancipation. A person may apply for emancipation if he or she is at least 16 years old but less than 18 years old.
Arizona Law (A.R.S. § 25-511) makes it a class 6 felony (imprisonment for 1 year and up to a $150,000 fine) if the parent of a minor child knowingly fails to furnish reasonable support for the parent's child. Another Arizona Law (A.R.S. § 13-3613) makes it a class 1 misdemeanor (up to 6 months in jail and a $2500 fine) for a parent to cause, encourage or contribute to the dependency or delinquency of a child. A minor who was made homeless as a result of being kicked out could be considered dependant or delinquent. It is also a class 1 misdemeanor under Arizona Law (A.R.S. § 13-3619) for a person having custody of a minor under sixteen years of age to knowingly cause or permit the life of such minor to be endangered. Being homeless or not having resources for food and shelter could be considered endangerment.
April 30, 2008
Legal Services Corporation