Ken, Not being a lawyer, I did a quick search to offer you a reasonable definition of "emancipated minor". http://chhd.csun.edu/shelia/436/lecture0405.html reports the following statement:
"Most states have a legal proceeding that allows a person under the age of majority to
petition the court for full rights as an adult. This grant of adult rights is based on
the maturity of the minor and the minor's need for adult status. This need is based on
the minor's living alone or other factors that make it inappropriate for the minor's
parents to retain control over the minor. Marriage usually qualifies the minor to
consent to medical care, as does service in the armed forces."
In California, children as young as 14 years of age can be emancipated as long as they
meet the other requirements of that state's statutes which would be met if the 14
year-old went to college, lived in the dorms, and managed their own finanial affairs.
By the way, if the institution sends the tuition bill to the student and it gets paid,
I would presume that the child is managing his or her financial affairs very well.
Given that college students some of whom are under the age of majority (18 years, I
presume, because they then have the right to vote) need to live separate from their
parents (e.g., in the dorms, apartments off campus, etc), I would argue that these
student would fit this definition. Now, the states require an application to the
courts to emancipate the minors; however, an IRB can assume that minor-aged college
students fit the requirement because of their enrollment in the institution and treat
them as an emacipated minor.
I hope that this helps.
Dave
-----Original Message-----
From: Ken Steele [mailto:[EMAIL PROTECTED]
Sent: Thu 9/30/2004 4:49 PM
To: Teaching in the Psychological Sciences
Cc:
Subject: Re: Permission Slip Question
> You may want to argue that the 17 year-old and for that fact, all under
> 21-year old college students are "emancipated minors" and thus able to
> give consent to participate.
>
> Dave
>
> David B. Sugarman, Ph.D.
> Professor of Psychology
> Rhode Island College
> Providence, RI 02908
>
Dave
Would you explain this point in greater detail? Legally, what is an
"emancipated minor"? How does one become "emancipated"?
Ken
---------------------------------------------------------------
Kenneth M. Steele, Ph.D. [EMAIL PROTECTED]
Professor
Department of Psychology http://www.psych.appstate.edu
Appalachian State University
Boone, NC 28608
USA
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