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Senate Engrossed
minors; capacity to consent; shelter |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SENATE BILL 1062 |
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An Act
amending title 44, chapter 1, article 3, Arizona Revised Statutes, by adding section 44-135; relating to contracts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 1, article 3, Arizona Revised Statutes, is amended by adding section 44-135, to read:
44-135. Capacity of minor to obtain shelter services; definition
A. Notwithstanding any other law, an emancipated minor, a minor who has contracted a lawful marriage or an independent unaccompanied homeless minor may give consent to the furnishing of shelter, transitional living or other temporary housing or homeless-associated services and supportive services to the minor. The minor's consent is not subject to disaffirmance because of minority. The consent of a parent or legal guardian of the minor is not necessary to authorize shelter, transitional living or other temporary housing or homeless-associated services or supportive services. A person who provides shelter, transitional living or other temporary housing services pursuant to this subsection must attempt to notify the minor's parent or legal guardian about the location of the minor and must notify local police about the location of the minor. For the purposes of this section, a subsequent judgment of annulment of marriage or judgment of divorce does not deprive a minor of the rights and services prescribed by this subsection.
B. A shelter, transitional living or other temporary housing provider or homeless-associated services or supportive services provider, acting in reliance on the consent of a minor who has authority or apparent authority pursuant to this section to consent to the services, is not subject to criminal or civil liability and professional disciplinary action on the ground that the provider failed to obtain consent of the minor's parent or legal guardian. This subsection does not apply to criminal or civil liability that arises from the provider's or the facility's own acts of negligence or wilful misconduct.
C. For the purposes of this section, "unaccompanied homeless minor" means a person who is sixteen or seventeen years of age, who lives apart from the person's parent or legal guardian and who either:
1. Lacks a fixed and regular nighttime residence.
2. 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.
3. 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 the McKinney-Vento Homeless Assistance Act (42 United States Code section 11434a).
Sec. 2. Legislative findings
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. 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.