093_HB2390eng

 
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 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 Act shall be known and may be
19    cited as the Emancipation of Mature Minors 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
 
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 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.
 
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 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 any a
12    hearing or on notice to all persons as set forth in  Sections
13    7,  and  8, 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
 
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 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 persons prior to the
32    hearing and shall have a right to be present if a hearing  is
 
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 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
 
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 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.