§ 145.62. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Emancipated minor—This term shall include the following:

     (i)   A minor who is aged 16 or over, who has left the parental household and has established himself as a separate entity free to act upon his own responsibility, and who is capable of acting independently of parental control. If the minor again lives with his parents he will no longer be considered emancipated unless he remains independent of his parents’ control.

     (ii)   An orphan who is aged 16 or over and who has sufficient mental ability to make a bargain.

     (iii)   A minor who is married, regardless of whether the person continues to live in the parental household. If the marriage is terminated by divorce or death of the spouse, the minor is still emancipated. If the marriage is terminated by annulment, the state of emancipation is as though the marriage had never occurred.

     (iv)   An unmarried child committed to the care and control of the county authority can become emancipated before the age of 18 only by action of the court.

   Full-time student—A full-time student is a child who is enrolled in and physically attending full time, as defined and certified by the school or institute attended, a program of study or training leading to graduation or an equivalent certificate.

   Unemancipated minor—A minor who has never been married or has the marriage annulled, but who remains under the control of the parents is unemancipated whether he lives in the parental household or not.

Source

   The provisions of this §  145.62 amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2790. Immediately preceding text appears at serial page (71661).

Notes of Decisions

   Unemancipated Minor

   A minor child who is married, but separated from her husband and declared dependant, is not emancipated and, her parents are responsible for her support. Berks County Children and Youth Services v. Rowan, 631 A.2d 615 (Pa. Super. 1993); appeal granted 644 A.2d 737 (Pa. 1994).

   Housing authority requirement for Court determined emancipation of a minor is for the purpose of determining the minor’s ability to contract, and is not related to the definition of emancipation for the distribution of public assistance. Rivera v. Reading Housing Authority, 819 F.Supp. 1323 (1993), aff’d 8 F.3d 961 (3rd Cir. (Pa.) 1993).

   Even though an applicant has acted independently of parental control, if the record is clear that the applicant has never left the parental household, then the applicant is not an emancipated minor under subparagraph (i), and thus is not eligible for GA benefits. Crager v. Department of Public Welfare, 443 A.2d 1379 (Pa. Cmwlth. 1982).

   The definition of ‘‘unemancipated minor’’ as used in 55 Pa. Code §  145.62 (relating to definitions) has independent significance as an operative term used in relation to the separate criteria in 55 Pa. Code §  145.63(b) (relating to requirements). Crager v. Department of Public Welfare, 443 A.2d 1379 (Pa. Cmwlth. 1982).



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