To add to that a bit: Legally, an emancipated minor is specifically ruled to be one by a court after the submission of the relevant documents. Living on their own alone isn't sufficient grounds for emancipation--there have to be other reasons as well. Among other things, an emancipated minor cannot be claimed as a dependent on anyone's taxes, must be self supporting (financial aid qualifies if provided to the minor; but not if provided to the parent in the form of loans, etc.), and must have legitimate grounds for petitioning for emancipation. Some grounds would include being orphaned as a teen, removal from an abusive household, being "turned out" by the parents (i.e., a "Throwaway teen,"), marriage, childbirth while living independently, etc. By definition, a teen who enters military service at age 17 is emancipated. An emancipated minor is, from every legal standpoint, an adult (except for the rights to vote and/or purchase alcohol). He or she is treated as an adult in both civil and criminal court, can be held to any contractual obligation he or she enters into, and is not limited by laws prohibiting status offenses (i.e., runaway, truancy, curfew, labor laws relating to juveniles, etc.). Such a minor, of course, would have the same right to sign any relevant consent form as a subject that an adult would have. In many states, the age of consent, not the age of majority, is used to determine whether a person can legally elect to enter clinical trials medically. It would seem logical that if a minor is legally permitted to decide to participate in a drug or other medical trial without parental consent, he or she should likewise be permitted to participate in psychological research. Hope this helps, Rick
-- Rick Adams Capella University School of Technology Grand Canyon University School of Social Sciences. Jackson Community College Department of Social Sciences <mailto:[EMAIL PROTECTED]> [EMAIL PROTECTED] [EMAIL PROTECTED] "... and the only measure of your worth and your deeds will be the love you leave behind when you're gone." -Fred Small, J.D., "Everything Possible" NOTICE: Any views expressed in this message are strictly my own and do not necessarily represent the views of any organization or institution with which I may be associated, nor do they necessarily represent the views or values of the list or newsgroup in which they may appear. _____ From: Sugarman, David [mailto:[EMAIL PROTECTED] Sent: Thursday, September 30, 2004 7:03 PM To: Teaching in the Psychological Sciences Subject: RE: Permission Slip Question 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 --------------------------------------------------------------- --- You are currently subscribed to tips as: [EMAIL PROTECTED] To unsubscribe send a blank email to [EMAIL PROTECTED]
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