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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
minors; capacity to consent; shelter
Purpose
Allows an emancipated minor, a minor who is legally married or an independent unaccompanied homeless minor to give consent to the furnishing of shelter, transitional living or other temporary housing or homeless-associated and supportive services (shelter and support services).
Background
The Department
of Economic Security (DES) works to promote enhanced safety and
well-being for Arizonans by focusing on three primary goals: 1) strengthening
individuals and families; 2) increasing self-sufficiency; and 3) developing the
capacity of communities (DES).
DES has helped to prevent and intervene in homelessness through the Emergency
Rental Assistance Program, Emergency Solutions Grants, and human services and
workforce resources that enable households to address immediate needs, create
pathways to economic independence, and avoid the significant and compounding
downstream costs of trauma and homelessness (DES
Homelessness in Arizona Annual Report 2022).
A minor issued
an emancipated order is recognized as an adult for various purposes, including:
1) the right to enter into a binding contract; 2) the right to establish a
legal residence;
3) the right to access medical treatment and records; 4) the right to consent
to medical, dental and psychiatric care without parental consent, knowledge or
liability; 5) the right to consent to medical, dental and psychiatric care for
the emancipated minor's child; 6) eligibility for social services; and 7) the
ability to pursue any other opportunity that is provided by law to a person who
is at least 18 years of age (A.R.S.
§ 12-2454).
Any emancipated minor, any minor who is legally married or any homeless minor may give consent to the furnishing of hospital, medical and surgical care without the consent of the child's parent or parents. Subsequent judgment of annulment of marriage or judgment of divorce does not deprive a person of their adult status once attained (A.R.S. § 44-132).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows an emancipated minor, a minor who has contracted a lawful marriage or an independent unaccompanied homeless minor to give consent to shelter and support services.
2. Specifies that the minor's consent is not subject to disaffirmance because of minority.
3. States that the consent of a minor's parent or legal guardian is not necessary to authorize shelter and support services.
4. States that a person who provides shelter and support services does not need to report the services to the minor's parent or legal guardian.
5. States that a subsequent judgment of annulment of marriage or judgment of divorce does not deprive a minor of shelter and support services rights.
6. Exempts from criminal or civil liability and professional disciplinary action, a shelter and support services provider acting in reliance on the consent of a minor who has authority to consent to the services, on the ground that the provider failed to obtain consent of the minor's parent or legal guardian.
7. States that the exemption from criminal or civil liability does not apply to liability that arises from the provider's or the facility's own acts of negligence or willful misconduct.
8. Defines unaccompanied homeless minor as a person who is 16 or 17 years of age, who lives apart from the person's parent or legal guardian and who either:
a) lacks a fixed and regular nighttime residence;
b) has a primary residence that is either a supervised shelter designed to provide temporary accommodations, a halfway house or a place not designed for or ordinarily used for sleeping by humans; or
c) shares the housing of persons other than a parent or legal guardian due to loss of housing, economic hardship, violence, abuse or a similar reason as stated in the definition of homeless children and youths in federal law.
9. States that the Legislature recognizes that older emancipated, married and independent homeless minor youth are in exceptional circumstances outside the physical custody of and living independently from parents or legal guardians, with standard parental rights no longer applying.
10. States that the Legislature intends to prevent independent, unaccompanied homeless youth from living on the street or in other dangerous situations and does not intend to limit cases in which consent may otherwise be obtained or is not required.
11. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2023
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