Full Text of HB2256 101st General Assembly
HB2256eng 101ST GENERAL ASSEMBLY |
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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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