Act No. 73

Public Acts of 2023

Approved by the Governor

July 11, 2023

Filed with the Secretary of State

July 12, 2023

EFFECTIVE DATE:† July 12, 2023

state of michigan

102nd Legislature

Regular session of 2023

Introduced by Senators Bayer, Geiss, Polehanki, McMorrow, Cherry, Santana, Irwin, Shink, Hertel, Klinefelt, Chang, Johnson, Huizenga and McCann

ENROLLED SENATE BILL No. 213

AN ACT to amend 1968 PA 293, entitled ďAn act to establish the status of minors; to define the rights and duties of parents; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; and to establish the conditions for emancipation of minors,Ē by amending sections 4 and 4e (MCL 722.4 and 722.4e), section 4 as amended by 1998 PA 509 and section 4e as added by 1988 PA 403.

The People of the State of Michigan enact:

Sec. 4. (1) Emancipation may occur by operation of law or according to a petition filed by a minor with the family division of circuit court as provided in this act.

(2) An emancipation occurs by operation of law under any of the following circumstances:

(a) When a minor is validly emancipated under the laws of another state.

(b) When an individual reaches 18 years of age.

(c) During the period when the minor is on active duty with the United States Armed Forces.

(d) For the purposes of consenting to routine, nonsurgical medical care or emergency medical treatment to a minor, when the minor is in the custody of a law enforcement agency and the minorís parent or guardian cannot be promptly located. The minor or the minorís parent remains responsible for the cost of any medical care or treatment rendered under this subdivision. An emancipation under this subdivision ends upon the termination of medical care or treatment or upon the minorís release from custody, whichever occurs first.

(e) For the purposes of consenting to his or her own preventive health care or medical care including surgery, dental care, or mental health care, except vasectomies or any procedure related to reproduction, during the period when the minor is a prisoner committed to the jurisdiction of the department of corrections and is housed in a state correctional facility operated by the department of corrections or in a youth correctional facility operated by the department of corrections or a private vendor under section 20g of the corrections code of 1953, 1953 PA 232, MCL 791.220g; or the period when the minor is a probationer residing in a special alternative incarceration unit established under the special alternative incarceration act, 1988 PA 287, MCL 798.11 to 798.18. This subdivision applies only if a parent or guardian of the minor cannot promptly be located by the department of corrections or, in the case of a youth correctional facility operated by a private vendor, by the responsible official of the youth correctional facility.

(3) An emancipation occurs by court order under a petition filed by a minor with the family division of circuit court as provided in sections 4a to 4e.

Sec. 4e. (1) A minor emancipated by operation of law or by court order has the rights and responsibilities of an adult, except for those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, and other health and safety regulations relevant to him or her because of his or her age. A minor is considered emancipated for the purposes of, but not limited to, all of the following:

(a) The right to enter into enforceable contracts, including apartment leases.

(b) The right to sue or be sued in his or her own name.

(c) The right to retain his or her own earnings.

(d) The right to establish a separate domicile.

(e) The right to act autonomously, and with the rights and responsibilities of an adult, in all business relationships, including, but not limited to, property transactions and obtaining accounts for utilities, except for those estate or property matters that the court determines may require a conservator or guardian ad litem.

(f) The right to earn a living, subject only to the health and safety regulations designed to protect those under the age of majority regardless of their legal status.

(g) The right to authorize his or her own preventive health care, medical care, dental care, and mental health care, without parental knowledge or liability.

(h) The right to apply for a driver license or other state licenses for which he or she might be eligible.

(i) The right to register for school.

(j) The right to apply to the medical assistance program administered under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, if needed.

(k) The right to apply for other public assistance, administered under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, if needed.

(l) The right, if a parent, to make decisions and give authority in caring for his or her own minor child.

(m) The right to make a will.

(2) The parents of a minor emancipated by court order are jointly and severally obligated to support the minor. The parents of a minor emancipated by court order are not liable for any debts incurred by the minor during the period of emancipation.

A close-up of a signature

Description automatically generated with low confidenceThis act is ordered to take immediate effect.

 

Secretary of the Senate

 

Clerk of the House of Representatives

Approved___________________________________________

____________________________________________________

Governor