State v. C.R. And R.R.

797 P.2d 459 (1990)

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Nature of the Case

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Facts

In October 1984, R.R., nearly fifteen, left his parents' home and lived with various relatives. In the spring of 1985, a petition was filed with the juvenile court alleging that R.R. was a dependent child. The State (P) filed a petition against R.R.'s parents in the fall of 1988 seeking reimbursement in support for R.R. expended by the State during the period of January 1985 through October 10, 1986. The State (P) filed a petition against R.R.'s parents in the fall of 1988 seeking reimbursement in support for R.R. expended by the State during the period of January 1985 through October 10, 1986. Relying on the common law doctrine of emancipation, D contested the petition and claimed that their duty to support R.R. was terminated in October 1984 when he voluntarily left their home to live elsewhere and lived a homosexual lifestyle of which they disapproved. P argued that D had not met their burden of proving emancipation because there was no evidence R.R. was financially independent or that he was able to provide his own residence. P argued that R.R was thrown out of D’s home. The court held emancipation was not recognized in Utah and D was ordered to reimburse P. D appealed.