Public Act 100-0162
 
HB3212 EnrolledLRB100 08595 HEP 18728 b


  
    AN ACT concerning children.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Children and Family Services Act is amended  
by changing Section 4b as follows:
 



    (20 ILCS 505/4b)


    Sec. 4b. Youth transitional housing programs. 
    (a) The Department may license
youth transitional housing 
programs.  For the purposes of this Section, "youth transitional 
housing program" means a program that provides shelter
or 
housing and services to eligible homeless minors. Services 
provided by the youth transitional housing program may include 
a service assessment, individualized case management, and life 
skills training who are at least 16 years of age but less than 
18
years of age and who are granted partial emancipation under 
the Emancipation of
Minors Act.  The Department shall adopt 
rules governing the licensure of those
programs.

    (b) A homeless minor is eligible if:
        (1)  he or she is at least 16 years of age but less than 
    18 years of age;
        (2) the homeless minor lacks a regular, fixed, and 
    adequate place to live;
        (3) the homeless minor is living apart from his or her 
    parent or guardian;
        (4) the homeless minor desires to participate in a 
    licensed youth transitional housing program;
        (5) a licensed youth transitional housing program is 
    able to provide housing and services;
        (6) the licensed youth transitional housing program 
    has determined the homeless minor is eligible for the youth 
    transitional housing program; and 
        (7) either the homeless minor's parent has consented to 
    the transitional housing program or the minor has consented 
    after:
            (A) a comprehensive community based youth service 
        agency has provided crisis intervention services to 
        the homeless minor under Section 3-5 of the Juvenile 
        Court Act of 1987 and the agency was unable to achieve 
        either family reunification or an alternate living 
        arrangement;
            (B) the Department has not filed a petition 
        alleging that the homeless minor is abused or neglected 
        and the minor does not require placement in a 
        residential facility, as defined by 89 Ill. Adm. Code  
        301.20;
            (C) the youth transitional housing program or 
        comprehensive community based youth services agency 
        has made reasonable efforts and documented its 
        attempts to notify the homeless minor's parent or 
        guardian of the homeless minor's intent to enter the 
        youth transitional housing program.
    (d) If an eligible homeless minor voluntarily leaves or is  
dismissed from a youth transitional housing program prior to 
reaching the age of majority, the youth transitional housing 
program agency shall contact the comprehensive community based 
youth services agency that provided crisis intervention 
services to the eligible homeless minor under subdivision 
(b)(7)(A) of this Section to assist in finding an alternative 
placement for the minor.  If the eligible homeless minor leaves 
the program before beginning services with the comprehensive 
community based youth service provider, then the youth 
transitional housing program shall notify the local law 
enforcement authorities and  make reasonable efforts to notify 
the minor's parent or guardian that the minor has left the 
program.
    (e) Nothing in this Section shall be construed to require 
an eligible homeless minor to acquire the consent of a parent, 
guardian, or custodian to consent to a youth transitional 
housing program. An eligible homeless minor is deemed to have 
the legal capacity to consent to receiving housing and services 
from a licensed youth transitional housing program.
    (f) The purpose of this Section is to provide a means by 
which an eligible homeless minor may have the authority to 
consent, independent of his or her parents or guardian, to 
receive housing and services as described in subsection (a) of 
this Section provided by a licensed youth transitional housing 
program that has the ability to serve the homeless minor. This 
Section is not intended to interfere with the integrity of the 
family or the rights of parents and their children. This 
Section does not limit or exclude any means by which a minor 
may become emancipated.
(Source: P.A. 93-105, eff. 7-8-03; 93-798, eff. 1-1-05.)

 
    Section 10. The Emancipation of Minors Act is amended  by 
changing Sections 2, 4, 5, 7, and 9 as follows:
 



    (750 ILCS 30/2)  (from Ch. 40, par. 2202)



    Sec. 2. Purpose and policy. The purpose of this Act is to 
provide a means
by which a mature minor who has demonstrated 
the ability and capacity to
manage his own affairs and to live 
wholly or partially independent of his
parents or guardian, may 
obtain the legal status of an emancipated person
with power to 
enter into valid legal contracts.
This Act is also intended (i) 
to provide a means by which a homeless minor
who is
seeking 
assistance may have the authority to consent, independent of 
his or her
parents or guardian, to receive shelter, housing, 
and services provided by a
licensed agency that has the ability 
and willingness to serve the homeless
minor and (ii) to do so 
without requiring the delay or difficulty of first
holding
a 
hearing.

    This Act is not intended
to interfere with the integrity of 
the family or
the rights of parents and their children.  No 
order of complete or partial
emancipation may be entered under 
this Act if there is any objection by
the minor, his parents or 
guardian.  No petition may be filed for the partial
emancipation 
of a homeless minor unless appropriate attempts have been made 
to
reunify the homeless minor with his or her family through 
the services
of a Comprehensive Community Based Youth Services 
Agency.
This Act does not limit or exclude
any other means 
either in statute or case law by which a minor may become

emancipated.

    (g) Beginning January 1, 2019, and annually thereafter 
through January 1, 2024, the Department of Human Services shall 
submit annual reports to the General Assembly regarding 
homeless minors older than 16 years of age but less than 18 
years of age referred to a youth transitional housing program 
for whom parental consent to enter the program is not obtained. 
The report shall include the following information: 
        (1) the number of homeless minors referred to youth 
    transitional housing programs; 
        (2) the number of homeless minors who were referred but 
    a licensed youth transitional housing program was not able 
    to provide housing and services, and what subsequent steps, 
    if any, were taken to ensure that the homeless minors were 
    referred to an appropriate and available alternative 
    placement;
        (3) the number of homeless minors who were referred but 
    determined to be ineligible for a youth transitional 
    housing program and the reason why the homeless minors were 
    determined to be ineligible, and what subsequent steps, if 
    any, were taken to ensure that the homeless minors were 
    referred to an appropriate and available alternative 
    placement; and
        (4) the number of homeless minors who voluntarily left 
    the program and who were dismissed from the program while 
    they were under the age of 18, and what subsequent steps, 
    if any, were taken to ensure that the homeless minors were 
    referred to an appropriate and available alternative 
    placement. 
(Source: P.A. 93-105, eff. 7-8-03.)

 



    (750 ILCS 30/4)  (from Ch. 40, par. 2204)



    Sec. 4. Jurisdiction. The circuit court in the county where 
the minor
resides, is found, owns property, or in which a court 
action affecting the
interests of the minor is pending, may, 
upon the filing of a petition on
behalf of the minor by his 
next friend, parent or guardian and after any
hearing
or notice 
to all persons as set forth in Sections 7,
8, and 9 of this Act, 
enter
a finding that the minor is a mature minor or a homeless 
minor as defined
in this Act and order
complete or partial 
emancipation of the minor.  The court in its order for
partial 
emancipation may specifically limit the rights
and 
responsibilities of the minor seeking emancipation.  In the case

of a homeless minor, the court shall restrict the order of 
emancipation to
allowing the minor
to consent to the receipt of 
transitional services and shelter or housing from
a specified

youth transitional program and its referral agencies only.

(Source: P.A. 93-105, eff. 7-8-03.)

 



    (750 ILCS 30/5)  (from Ch. 40, par. 2205)



    Sec. 5. Rights and responsibilities of an emancipated 
minor. 


    (a) A mature
minor ordered emancipated under this Act shall 
have the right to enter into
valid legal contracts, and shall 
have such other rights and responsibilities
as the court may 
order that are not inconsistent with the specific age

requirements
of the State or federal constitution or any State 
or federal law.

    (b) A mature minor or homeless minor who is partially 
emancipated under
this Act shall have
only those rights and 
responsibilities specified in the order of the court.

(Source: P.A. 93-105, eff. 7-8-03.)

 



    (750 ILCS 30/7)  (from Ch. 40, par. 2207)



    Sec. 7. Petition. The petition for emancipation shall be 
verified
and shall set forth:  (1) the age of the minor; (2) 
that the minor is a
resident of Illinois at the time of the 
filing of the petition, or owns
real estate in Illinois, or has 
an interest or is a party in any case pending
in Illinois; (3) 
the cause for which the minor seeks to obtain partial or

complete emancipation; (4) the names of the minor's parents, 
and the address,
if living; (5) the names and addresses of any 
guardians or custodians appointed
for the minor; (6) that the 
minor is (i) a mature minor who has
demonstrated
the ability 
and capacity to manage his own affairs or (ii) a homeless minor

who is located in this State; and (7) that the minor
has lived 
wholly or partially independent of his parents or guardian.  If 
the
minor seeks emancipation as a homeless minor, the petition 
shall also set forth
the name of the youth transitional housing 
program that is willing and able to
provide services and 
shelter or housing to the minor, the address of the
program, 
and the name and phone
number of the contact person at the 
program.  The petition shall also briefly
assert the reason that 
the
services and shelter or housing to be offered are 
appropriate and necessary for
the
well-being of the homeless 
minor.

(Source: P.A. 93-105, eff. 7-8-03.)

 



    (750 ILCS 30/9)  (from Ch. 40, par. 2209)



    Sec. 9. Hearing on petition. 

    (a) Mature minor.  Before proceeding to a hearing on the 
petition for
emancipation of a mature minor the
court
shall 
advise all persons present of the nature of the proceedings,

and their rights and responsibilities if an order of 
emancipation should be
entered.

    If, after the hearing, the court determines that the minor 
is a mature
minor who is of sound mind and has the capacity and 
maturity to manage his
own affairs including his finances, and 
that the best interests of the minor
and his family will be 
promoted by declaring the minor an emancipated minor,
the court 
shall enter a finding that the minor is an emancipated minor 
within
the meaning of this Act, or that the mature minor is 
partially emancipated
with such limitations as the court by 
order deems appropriate.  No order
of complete or partial 
emancipation may be entered under this Act if there is
any

objection by the minor, his parents or guardian.

    (b) (Blank). Homeless minor.  Upon the verified petition of 
a homeless minor, the
court shall immediately grant partial 
emancipation for the sole purpose of
allowing the homeless 
minor to consent to the receipt of
services and shelter or 
housing provided by the youth transitional housing
program 
named in the
petition and to other services that the youth 
transitional housing program
may arrange by referral.  The court 
may require that a youth transitional
housing program employee 
appear before the court at the time of the filing of
the 
petition and may inquire into the facts asserted in the 
petition.  No other
hearing shall be scheduled in the case of a 
petition affecting a homeless
minor,
unless, after notice, a 
parent or guardian requests such a hearing.  If such
a hearing 
is requested, then the homeless minor must be present at the

hearing.  After
the granting of partial emancipation to a 
homeless youth, if the youth
transitional housing program 
determines that its facility and services are no
longer 
appropriate for the minor or that another program is more 
appropriate
for the minor,
the program shall notify
the court 
and the court, after a hearing, may modify its order.

(Source: P.A. 93-105, eff. 7-8-03.)

  
 

    (750 ILCS 30/3-2.5 rep.)


    (750 ILCS 30/3-2.10 rep.)

    Section 15. The Emancipation of Minors Act is amended  by 
repealing Sections 3-2.5 and 3-2.10.