Any person under the age of eighteen years who comes within the following description is an emancipated minor (Sec. 60, pt. 2.7]:
A minor may petition the Superior Court of the county in which he or she resides or is temporarily domiciled, for a declaration of emancipation. The petition shall be verified and shall set forth with specificity all of the following facts [Sec. 64]:
Consequences of emancipation [Sec. 63]:
An emancipated minor who has not completed his or her compulsory education requirements must receive three (3) hours of school per day unless the banking provisions apply.
An emancipated minor is still subject to all of the rules and regulations of 8 CAC unless specifically exempted from 8 CAC in the emancipation order.
State of California
Department of Industrial Relations
Division of Labor Standards Enforcement
525 Golden Gate Avenue
San Francisco, CA 94102
August 1, 1988
To: Affected Persons Using Minors in the Entertainment Industry
It has recently come to my attention that there may be some confusion with respect to the child labor regulations applicable to the Entertainment Industry (Title 8 Code of California Regulations Section 11750 et seq.) and their impact on emancipated minors.
The regulations are fully applicable to emancipated minors except as set forth below. An emancipated minor may only work the hours prescribed by the regulations and, if the child is under eighteen years of age and has not graduated from high school or obtained a high school proficiency certificate (available only to 16 and 17 year olds), the minor must be provided educational training as required by law. A studio teacher must also be provided to all minors under the age of sixteen for the purposes of educational instruction and safety protection. For minors sixteen and seventeen years of age, a studio teacher is required for educational instruction as required by law.
The only effect that the emancipation of a minor has under these regulations and other labor laws is that, while the minor must still obtain a theatrical work permit, he or she may do so without the signature of a parent.
I would appreciate it if you would make certain that all persons in hiring or casting positions with whom you are affiliated are aware of this fact before an emancipated minor is used on a production.
Very truly yours,
Lloyd W. Aubry, Jr.
State Labor Commissioner
Last updated by Julie Stevens Jan 11, 2010.