78A-6-804. Court procedure.
(1) Upon the filing of a petition in accordance with Section 78A-6-803, the court shall
schedule a pretrial hearing on the matter within 30 days.
(2) The court shall appoint a guardian ad litem in accordance with Section 78A-6-902 to
represent the minor.
(3) At the hearing, the court shall consider the best interests of the minor according to the
following:
(a) whether the minor is capable of assuming adult responsibilities;
(b) whether the minor is capable of living independently of his or her parents, guardian,
or custodian;
(c) opinions and recommendations from the guardian ad litem, parents, guardian, or
custodian, and any other evidence; and
(d) whether emancipation will create a risk of harm to the minor.
(4) If the court determines by clear and convincing evidence that emancipation is in the
best interests of the minor, it shall issue a declaration of emancipation.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009