093_HB2390eng HB2390 Engrossed LRB093 07961 LCB 08155 b 1 AN ACT in relation to minors. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Children and Family Services Act is 5 amended by adding Section 4b as follows: 6 (20 ILCS 505/4b new) 7 Sec. 4b. Youth transitional housing programs. The 8 Department may license youth transitional housing programs to 9 provide services, shelter, or housing to homeless minors who 10 are at least 16 years of age but less than 18 years of age 11 and who are granted partial emancipation under the 12 Emancipation of Minors Act. The Department shall adopt rules 13 governing the licensure of those programs. 14 Section 10. The Emancipation of Mature Minors Act is 15 amended by changing Sections 1, 2, 4, 5, 7, 8, 9, and 10 and 16 by adding Sections 3-2.5 and 3-2.10 as follows: 17 (750 ILCS 30/1) (from Ch. 40, par. 2201) 18 Sec. 1. Short title. This Actshall be known andmay be 19 cited as the Emancipation ofMatureMinors Act. 20 (Source: P.A. 81-833.) 21 (750 ILCS 30/2) (from Ch. 40, par. 2202) 22 Sec. 2. Purpose and policy. The purpose of this Act is 23 to provide a means by which a mature minor who has 24 demonstrated the ability and capacity to manage his own 25 affairs and to live wholly or partially independent of his 26 parents or guardian, may obtain the legal status of an 27 emancipated person with power to enter into valid legal 28 contracts. This Act is also intended (i) to provide a means HB2390 Engrossed -2- LRB093 07961 LCB 08155 b 1 by which a homeless minor who is seeking assistance may have 2 the authority to consent, independent of his or her parents 3 or guardian, to receive shelter, housing, and services 4 provided by a licensed agency that has the ability and 5 willingness to serve the homeless minor and (ii) to do so 6 without requiring the delay or difficulty of first holding a 7 hearing. 8 This Act is not intended to interfere with the integrity 9 of the family or the rights of parents and their children. 10 No order of complete or partial emancipation may be entered 11 under this Act if there is any objection by the minor, his 12 parents or guardian. No petition may be filed for the 13 partial emancipation of a homeless minor unless appropriate 14 attempts have been made to reunify the homeless minor with 15 his or her family through the services of a Comprehensive 16 Community Based Youth Services Agency. This Act does not 17 limit or exclude any other means either in statute or case 18 law by which a minor may become emancipated. 19 (Source: P.A. 81-833.) 20 (750 ILCS 30/3-2.5 new) 21 Sec. 3-2.5. Homeless minor. "Homeless minor" means a 22 person at least 16 years of age but less than 18 years of age 23 who lacks a regular, fixed, and adequate place to live and 24 who desires to participate in a youth transitional housing 25 program. The term includes, but is not limited to, a minor 26 who is sharing the dwelling of another or living in a 27 temporary shelter or who is unable or unwilling to return to 28 the residence of a parent. The term does not include a minor 29 in the custody or under the guardianship of the Department of 30 Children and Family Services. No child may be terminated 31 from the custody or guardianship of the Department of 32 Children and Family Services for the purpose of obtaining 33 emancipation as a homeless minor. HB2390 Engrossed -3- LRB093 07961 LCB 08155 b 1 (750 ILCS 30/3-2.10 new) 2 Sec. 3-2.10. Youth transitional housing program. "Youth 3 transitional housing program" means a program licensed by the 4 Department of Children and Family Services to provide 5 services, shelter, or housing to a minor. 6 (750 ILCS 30/4) (from Ch. 40, par. 2204) 7 Sec. 4. Jurisdiction. The circuit court in the county 8 where the minor resides, is found, owns property, or in which 9 a court action affecting the interests of the minor is 10 pending, may, upon the filing of a petition on behalf of the 11 minor by his next friend, parent or guardian and after anya12 hearing oronnotice to all persons as set forth in Sections 13 7,and8, and 9 of this Act, enter a finding that the minor 14 is a mature minor or a homeless minor as defined in this Act 15 and order complete or partial emancipation of the minor. The 16 court in its order for partial emancipation may specifically 17 limit the rights and responsibilities of the minor seeking 18 emancipation. In the case of a homeless minor, the court 19 shall restrict the order of emancipation to allowing the 20 minor to consent to the receipt of transitional services and 21 shelter or housing from a specified youth transitional 22 program and its referral agencies only. 23 (Source: P.A. 81-833.) 24 (750 ILCS 30/5) (from Ch. 40, par. 2205) 25 Sec. 5. Rights and responsibilities of an emancipated 26 minor. (a) A mature minor ordered emancipated under this Act 27 shall have the right to enter into valid legal contracts, and 28 shall have such other rights and responsibilities as the 29 court may order that are not inconsistent with the specific 30 age requirements of the State or federal constitution or any 31 State or federal law. 32 (b) A mature minor or homeless minor who is partially HB2390 Engrossed -4- LRB093 07961 LCB 08155 b 1 emancipated under this Act shall have only those rights and 2 responsibilities specified in the order of the court. 3 (Source: P.A. 81-833.) 4 (750 ILCS 30/7) (from Ch. 40, par. 2207) 5 Sec. 7. Petition. The petition for emancipation shall 6 be verified and shall set forth: (1) the age of the minor; 7 (2) that the minor is a resident of Illinois at the time of 8 the filing of the petition, or owns real estate in Illinois, 9 or has an interest or is a party in any case pending in 10 Illinois; (3) the cause for which the minor seeks to obtain 11 partial or complete emancipation; (4) the names of the 12 minor's parents, and the address, if living; (5) the names 13 and addresses of any guardians or custodians appointed for 14 the minor; (6) that the minor is (i) a mature minor who has 15 demonstrated the ability and capacity to manage his own 16 affairs or (ii) a homeless minor who is located in this 17 State; and (7) that the minor has lived wholly or partially 18 independent of his parents or guardian. If the minor seeks 19 emancipation as a homeless minor, the petition shall also set 20 forth the name of the youth transitional housing program that 21 is willing and able to provide services and shelter or 22 housing to the minor, the address of the program, and the 23 name and phone number of the contact person at the program. 24 The petition shall also briefly assert the reason that the 25 services and shelter or housing to be offered are appropriate 26 and necessary for the well-being of the homeless minor. 27 (Source: P.A. 81-833.) 28 (750 ILCS 30/8) (from Ch. 40, par. 2208) 29 Sec. 8. Notice. All persons named in the petition shall 30 be given written notice within 21 days after the filing of 31 the petition for emancipation. Those personsprior to the32hearing andshall have a right to be present if a hearing is HB2390 Engrossed -5- LRB093 07961 LCB 08155 b 1 sought or scheduled and to be represented by counsel. 2 All notices shall be served on persons named in the 3 petition by personal service or by "certified mail, return 4 receipt requested, addressee only". If personal service 5 cannot be made in accordance with the provisions of this Act, 6 substitute service or service by publication shall be made in 7 accordance with the Civil Practice Law. 8 (Source: P.A. 83-1539.) 9 (750 ILCS 30/9) (from Ch. 40, par. 2209) 10 Sec. 9. Hearing on petition. 11 (a) Mature minor. Before proceeding to a hearing on the 12 petition for emancipation of a mature minor the court shall 13 advise all persons present of the nature of the proceedings, 14 and their rights and responsibilities if an order of 15 emancipation should be entered. 16 If, after the hearing, the court determines that the 17 minor is a mature minor who is of sound mind and has the 18 capacity and maturity to manage his own affairs including his 19 finances, and that the best interests of the minor and his 20 family will be promoted by declaring the minor an emancipated 21 minor, the court shall enter a finding that the minor is an 22 emancipated minor within the meaning of this Act, or that the 23 mature minor is partially emancipated with such limitations 24 as the court by order deems appropriate. No order of 25 complete or partial emancipation may be entered under this 26 Act if there is any objection by the minor, his parents or 27 guardian. 28 (b) Homeless minor. Upon the verified petition of a 29 homeless minor, the court shall immediately grant partial 30 emancipation for the sole purpose of allowing the homeless 31 minor to consent to the receipt of services and shelter or 32 housing provided by the youth transitional housing program 33 named in the petition and to other services that the youth HB2390 Engrossed -6- LRB093 07961 LCB 08155 b 1 transitional housing program may arrange by referral. The 2 court may require that a youth transitional housing program 3 employee appear before the court at the time of the filing of 4 the petition and may inquire into the facts asserted in the 5 petition. No other hearing shall be scheduled in the case of 6 a petition affecting a homeless minor, unless, after notice, 7 a parent or guardian requests such a hearing. If such a 8 hearing is requested, then the homeless minor must be present 9 at the hearing. After the granting of partial emancipation 10 to a homeless youth, if the youth transitional housing 11 program determines that its facility and services are no 12 longer appropriate for the minor or that another program is 13 more appropriate for the minor, the program shall notify the 14 court and the court, after a hearing, may modify its order. 15 (Source: P.A. 81-833.) 16 (750 ILCS 30/10) (from Ch. 40, par. 2210) 17 Sec. 10. Joinder, Juvenile Court Proceedings. The 18 petition for declaration of emancipation may, with leave of 19 the court, be joined with any pending litigation affecting 20 the interests of the minor including a petition filed under 21 the Juvenile Court Act or the Juvenile Court Act of 1987. 22 If any minor seeking emancipation as a mature minor is a 23 ward of the court under the Juvenile Court Act or the 24 Juvenile Court Act of 1987 at the time of the filing of the 25 petition for emancipation, the petition shall be set for 26 hearing in the juvenile court. 27 (Source: P.A. 85-1209.) 28 Section 99. Effective date. This Act takes effect upon 29 becoming law.