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  1. #1
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    Default My 17 Year Old Daughter Wants to Be Emancipated In Washington State

    My question involves juvenile law in the State of: Washington

    My 17 yo daughter graduated high school last June and has recently completed her CNA training and is trying to get a job. She is having considerable difficulty finding a job-not because there is a shortage of positions for CNA's-but because she isn't 18 yet. She is in quite a position...from her perspective. She wants to work as a CNA but can't. One of the places that she applied at suggested she look into emancipation as a way to get a job while she is waiting for her next birthday. Sounds good except for one thing: when reading up on the requirements in the State of Washington, it is very clear that she needs to have a job and a means to support herself...
    My question is..if we file the necessary documents, request a hearing and tie up the court/judge for our hearing, will it all be for naught since she does not have a job? There is no issue of her having a place to live, food to eat, health insurance, etc..that will continue to be provided for her at home. She just wants to be able to get a job NOW..she is very motivated (she graduated as a junior!) and wants to continue into nursing school while working as a CNA. I understand it is only 6 months until she is 18, but that's an eternity to a 17yo! Oh, and she meets all the other requirements listed for emancipation. Would a letter from me stating that her basic needs..food, housing, health insurance, vehicle operating expenses, etc will continue to be met by me help her out? Is there another option to persue for her until she reaches 18?

    Thanks in advance for the advice!!

  2. #2
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    Default Re: My 17 Year Old Daughter Wants to Be Emancipated.and I'm Ok with It

    Quote Quoting Parmesan
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    My question involves juvenile law in the State of: Washington

    My 17 yo daughter graduated high school last June and has recently completed her CNA training and is trying to get a job. She is having considerable difficulty finding a job-not because there is a shortage of positions for CNA's-but because she isn't 18 yet. She is in quite a position...from her perspective. She wants to work as a CNA but can't. One of the places that she applied at suggested she look into emancipation as a way to get a job while she is waiting for her next birthday. Sounds good except for one thing: when reading up on the requirements in the State of Washington, it is very clear that she needs to have a job and a means to support herself...
    My question is..if we file the necessary documents, request a hearing and tie up the court/judge for our hearing, will it all be for naught since she does not have a job? There is no issue of her having a place to live, food to eat, health insurance, etc..that will continue to be provided for her at home. She just wants to be able to get a job NOW..she is very motivated (she graduated as a junior!) and wants to continue into nursing school while working as a CNA. I understand it is only 6 months until she is 18, but that's an eternity to a 17yo! Oh, and she meets all the other requirements listed for emancipation. Would a letter from me stating that her basic needs..food, housing, health insurance, vehicle operating expenses, etc will continue to be met by me help her out? Is there another option to persue for her until she reaches 18?

    Thanks in advance for the advice!!


    Not a chance. She must be already living apart from her parents/legal guardians and able to prove to the court that she is capable of fully supporting herself financially.

    That means market rent (not a room in a friend's house), food, utilities, gas, clothing, cell phone, health insurance, sundry items...you see where I'm going here

    She's obviously not meeting the requirements. She's not supporting herself - YOU are.

  3. #3
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    Default Re: My 17 Year Old Daughter Wants to Be Emancipated.and I'm Ok with It

    Quote Quoting Dogmatique
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    Not a chance. She must be already living apart from her parents/legal guardians and able to prove to the court that she is capable of fully supporting herself financially.
    Maybe not.

    WA appears to work a little differently than other states.

    According to RCW 13.64.050:

    The court shall grant the petition for emancipation, except as provided in subsection (2) of this section, if the petitioner proves the following facts by clear and convincing evidence: (a) That the petitioner is sixteen years of age or older; (b) that the petitioner is a resident of the state; (c) that the petitioner has the ability to manage his or her financial affairs; and (d) that the petitioner has the ability to manage his or her personal, social, educational, and nonfinancial affairs.

    (Emphasis mine.)

    http://apps.leg.wa.gov/RCW/default.aspx?cite=13.64

    It might be possible in WA for a court to allow emancipation under the circumstances described by the OP as it's likely the minor's ability to repudiate contracts that is making prospective employers recalcitrant.

    Couldn't hurt to give it a shot since the parents appear to support the idea. No guarantees of course.

    Forms are available from the court website about 2/3 of the way down the page:

    http://www.courts.wa.gov/forms/?fa=f...ic&staticID=14

  4. #4
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    Default Re: My 17 Year Old Daughter Wants to Be Emancipated.and I'm Ok with It

    Quote Quoting adjusterjack
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    Maybe not.

    WA appears to work a little differently than other states.

    According to RCW 13.64.050:

    The court shall grant the petition for emancipation, except as provided in subsection (2) of this section, if the petitioner proves the following facts by clear and convincing evidence: (a) That the petitioner is sixteen years of age or older; (b) that the petitioner is a resident of the state; (c) that the petitioner has the ability to manage his or her financial affairs; and (d) that the petitioner has the ability to manage his or her personal, social, educational, and nonfinancial affairs.

    (Emphasis mine.)

    http://apps.leg.wa.gov/RCW/default.aspx?cite=13.64

    It might be possible in WA for a court to allow emancipation under the circumstances described by the OP as it's likely the minor's ability to repudiate contracts that is making prospective employers recalcitrant.

    Couldn't hurt to give it a shot since the parents appear to support the idea. No guarantees of course.

    Forms are available from the court website about 2/3 of the way down the page:

    http://www.courts.wa.gov/forms/?fa=f...ic&staticID=14


    I do live in WA. Generally, if you live in King County your chances are around 3%.

    If you're anywhere else, around 1%

    The mere fact that Mom or Dad will be providing everything short of a bed is likely going to be the excuse the court is looking for to deny the petition.

    (That and it will take - specially in King Co - probably until after the minor's 18th birthday before the case is even heard)

    But I do thank you for providing the statute

    (No, seriously - I've been up to the armpits in silly stuff all afternoon , and I really do appreciate you posting that)

  5. #5
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    Default Re: My 17 Year Old Daughter Wants to Be Emancipated.and I'm Ok with It

    Quote Quoting Dogmatique
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    I do live in WA. Generally, if you live in King County your chances are around 3%.

    If you're anywhere else, around 1%

    The mere fact that Mom or Dad will be providing everything short of a bed is likely going to be the excuse the court is looking for to deny the petition.

    (That and it will take - specially in King Co - probably until after the minor's 18th birthday before the case is even heard)

    But I do thank you for providing the statute

    (No, seriously - I've been up to the armpits in silly stuff all afternoon , and I really do appreciate you posting that)
    You're welcome.

    But you're right. Statutes often don't tell the whole story. A lot has to do with a judge's discretion in interpreting the statute and a local person tends to be able to shed better light on how that discretion is applied.

    So thank you for the reality.

  6. #6
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    Default Re: My 17 Year Old Daughter Wants to Be Emancipated.and I'm Ok with It

    I think realistically that there's only one state that's not really so reluctant to grant an emancipation - Oregon.

    The rest will, as a rule, look for any reason not to emancipate a minor.

  7. #7
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    Default Re: My 17 Year Old Daughter Wants to Be Emancipated.and I'm Ok with It

    Thanks Dogatique and Adjusterjack for the prompt response! I think we will proceed unless anyone else can shed more light on the subject..IE another option for my "baby-girl's" perceived dilemma! ;-) I think that Adjusterjack's reference to the judge's discresion/interpretation may be her ticket to "freedom"..time will tell. Oh, and we live in Clark County, part of the 1% of the rest of the state that's less-likely to grant emancipation...wonder if it counts that we border Oreegun? Na, didn't think so!
    We will post results after the hearing, in case anyone is interested.
    I looked at the actual RCW and it states that the hearing should be granted within 60 days of the request...
    This is the first time we have used or looked at this site. Very pleased at the format and forums...a definite positive referral from us..we will be sure to pass this site on to others that could use the service.

  8. #8
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    Default Re: My 17 Year Old Daughter Wants to Be Emancipated.and I'm Ok with It

    My state is not your state and YMMV.

    However, in my state, your daughter could not legally be hired as a CNA as long as she was under 18; being at least 18 years old is a state-mandated requirement. Emancipation would NOT help in this case, since emancipation does not override age-based legal restrictions.

    Before going through a legal process in which, frankly, she has very little chance of prevailing based on what you have posted, your daughter might want to check into that.

  9. #9
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    Default Re: My 17 Year Old Daughter Wants to Be Emancipated.and I'm Ok with It

    Thanks cbg...Washington State does allow her to work as a CNA under 18. She recently finished her state CNA certification classes and written/practical tests. Individual company policies are what's keeping her from working. We were hoping that there was a way to circumvent the rather restrictive child labor laws in the state of Washington that are (I'm guessing) designed for kids that are still attending high school and/or keeping kids from dropping out, etc. Since graduating last June, she's chomping at the bit to get working and gaining some experience.

  10. #10
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    Default Re: My 17 Year Old Daughter Wants to Be Emancipated.and I'm Ok with It

    Quote Quoting Parmesan
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    Thanks cbg...Washington State does allow her to work as a CNA under 18. She recently finished her state CNA certification classes and written/practical tests. Individual company policies are what's keeping her from working. We were hoping that there was a way to circumvent the rather restrictive child labor laws in the state of Washington that are (I'm guessing) designed for kids that are still attending high school and/or keeping kids from dropping out, etc. Since graduating last June, she's chomping at the bit to get working and gaining some experience.
    If you are willing to support her for another year, it might be worth her while to seek an unpaid internship, hone her skills, and then seek paid employment when she is 18.

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