Full Text of HB2256 101st General Assembly
HB2256 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2256 Introduced , by Rep. David A. Welter SYNOPSIS AS INTRODUCED: |
| 750 ILCS 30/2 | from Ch. 40, par. 2202 | 750 ILCS 30/9 | from Ch. 40, par. 2209 |
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Amends the Emancipation of Minors Act. Deletes language stating that no order of complete or partial emancipation may be entered if there is any objection by the minor's parents or guardian. Provides instead that an order of complete or partial emancipation may be entered if there is an objection by the minor's parents or guardian only if the court finds, in a hearing, that emancipation would be in the minor's best interests. Effective immediately.
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| | A BILL FOR |
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| | | HB2256 | | LRB101 06961 LNS 51994 b |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Emancipation of Minors Act is amended by | 5 | | changing Sections 2 and 9 as follows:
| 6 | | (750 ILCS 30/2) (from Ch. 40, par. 2202)
| 7 | | Sec. 2. Purpose and policy. The purpose of this Act is to | 8 | | provide a means
by which a mature minor who has demonstrated | 9 | | the ability and capacity to
manage his own affairs and to live | 10 | | wholly or partially independent of his
parents or guardian, may | 11 | | obtain the legal status of an emancipated person
with power to | 12 | | enter into valid legal contracts.
| 13 | | This Act is not intended
to interfere with the integrity of | 14 | | the family or
the rights of parents and their children. No | 15 | | order of complete or partial
emancipation may be entered under | 16 | | this Act if there is any objection by
the minor , his parents or | 17 | | guardian . An order of complete or partial emancipation may be | 18 | | entered under this Act if there is an objection by the minor's | 19 | | parents or guardian only if the court finds, in a hearing, that | 20 | | emancipation would be in the minor's best interests.
This Act | 21 | | does not limit or exclude
any other means either in statute or | 22 | | case law by which a minor may become
emancipated.
| 23 | | (g) Beginning January 1, 2019, and annually thereafter |
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| 1 | | through January 1, 2024, the Department of Human Services shall | 2 | | submit annual reports to the General Assembly regarding | 3 | | homeless minors older than 16 years of age but less than 18 | 4 | | years of age referred to a youth transitional housing program | 5 | | for whom parental consent to enter the program is not obtained. | 6 | | The report shall include the following information: | 7 | | (1) the number of homeless minors referred to youth | 8 | | transitional housing programs; | 9 | | (2) the number of homeless minors who were referred but | 10 | | a licensed youth transitional housing program was not able | 11 | | to provide housing and services, and what subsequent steps, | 12 | | if any, were taken to ensure that the homeless minors were | 13 | | referred to an appropriate and available alternative | 14 | | placement; | 15 | | (3) the number of homeless minors who were referred but | 16 | | determined to be ineligible for a youth transitional | 17 | | housing program and the reason why the homeless minors were | 18 | | determined to be ineligible, and what subsequent steps, if | 19 | | any, were taken to ensure that the homeless minors were | 20 | | referred to an appropriate and available alternative | 21 | | placement; and | 22 | | (4) the number of homeless minors who voluntarily left | 23 | | the program and who were dismissed from the program while | 24 | | they were under the age of 18, and what subsequent steps, | 25 | | if any, were taken to ensure that the homeless minors were | 26 | | referred to an appropriate and available alternative |
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| 1 | | placement. | 2 | | (Source: P.A. 100-162, eff. 1-1-18 .)
| 3 | | (750 ILCS 30/9) (from Ch. 40, par. 2209)
| 4 | | Sec. 9. Hearing on petition.
| 5 | | (a) Mature minor. Before proceeding to a hearing on the | 6 | | petition for
emancipation of a mature minor the
court
shall | 7 | | advise all persons present of the nature of the proceedings,
| 8 | | and their rights and responsibilities if an order of | 9 | | emancipation should be
entered.
| 10 | | If, after the hearing, the court determines that the minor | 11 | | is a mature
minor who is of sound mind and has the capacity and | 12 | | maturity to manage his
own affairs including his finances, and | 13 | | that the best interests of the minor
and his family will be | 14 | | promoted by declaring the minor an emancipated minor,
the court | 15 | | shall enter a finding that the minor is an emancipated minor | 16 | | within
the meaning of this Act, or that the mature minor is | 17 | | partially emancipated
with such limitations as the court by | 18 | | order deems appropriate. No order
of complete or partial | 19 | | emancipation may be entered under this Act if there is
any
| 20 | | objection by the minor , his parents or guardian . An order of | 21 | | complete or partial emancipation may be entered under this Act | 22 | | if there is an objection by the minor's parents or guardian | 23 | | only if the court finds, in a hearing, that emancipation would | 24 | | be in the minor's best interests.
| 25 | | (b) (Blank).
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| 1 | | (Source: P.A. 100-162, eff. 1-1-18 .)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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