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Statute

419B.555 Hearing; notice to parent; duty to advise minor of liabilities of emancipated person; filing fee.

(1) The juvenile court shall conduct a preliminary hearing on the minor’s application for emancipation within 10 days of the date on which it is filed or as soon as possible thereafter. At the time of the preliminary hearing, the court may issue a temporary custody order, stay any pending proceedings or enter any other temporary order appropriate to the circumstances. No action of the court pursuant to this subsection may be extended beyond the date set for a final hearing.
(2) The final hearing shall be held no later than 60 days or as soon as possible after the date on which the application is filed.
(3) Notice to the parent or parents of the applicant shall be made pursuant to ORS 419B.812 to 419B.839.
(4) At the preliminary hearing, the court shall advise the minor of the civil and criminal rights and civil and criminal liabilities of an emancipated minor. This advice shall be recited in the judgment of emancipation.
(5) The hearing mentioned in subsection (2) of this section may be waived by the minor and parent or parents.
(6) The filing fee established under ORS 21.135 shall be charged and collected by the court for each application for emancipation.


[1993 c.546 §135; 1997 c.801 §33; 2001 c.622 §51; 2003 c.576 §451; 2003 c.737 §§68,69; 2005 c.702 §§81,82,83; 2011 c.595 §64]

Case Cites

None.

Proposed Changes

Previous Versions

419B.555 Hearing; notice to parent; duty to advise minor of liabilities of emancipated person; filing fee.

(1) The juvenile court shall conduct a preliminary hearing on the minor’s application for emancipation within 10 days of the date on which it is filed or as soon as possible thereafter. At the time of the preliminary hearing, the court may issue a temporary custody order, stay any pending proceedings or enter any other temporary order appropriate to the circumstances. No action of the court pursuant to this subsection may be extended beyond the date set for a final hearing.
(2) The final hearing shall be held no later than 60 days or as soon as possible after the date on which the application is filed.
(3) Notice to the parent or parents of the applicant shall be made pursuant to ORS 419B.812 to 419B.839.
(4) At the preliminary hearing, the court shall advise the minor of the civil and criminal rights and civil and criminal liabilities of an emancipated minor. This advice shall be recited in the judgment of emancipation.
(5) The hearing mentioned in subsection (2) of this section may be waived by the minor and parent or parents.
(6) A uniform filing fee of $77 shall be charged and collected by the court for each application for emancipation. In addition, the court shall collect any other fees required by law.

[1993 c.546 §135; 1997 c.801 §33; 2001 c.622 §51; 2003 c.576 §451; 2003 c.737 §§68,69; 2005 c.702 §§81,82,83]

Note: Section 4 (24), chapter 659, Oregon Laws 2009, provides: Sec. 4. (24) In addition to the fee provided for in ORS 419B.555 (6), for the period commencing October 1, 2009, and ending June 30, 2011, the clerk of the court shall collect a surcharge of $4 for each application for emancipation under ORS 419B.555. [2009 c.659 §4(24)]