Full Text of HB3212 100th General Assembly
HB3212enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 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 amended | 5 | | by changing Section 4b as follows:
| 6 | | (20 ILCS 505/4b)
| 7 | | Sec. 4b. Youth transitional housing programs. | 8 | | (a) The Department may license
youth transitional housing | 9 | | programs. For the purposes of this Section, "youth transitional | 10 | | housing program" means a program that provides shelter
or | 11 | | housing and services to eligible homeless minors . Services | 12 | | provided by the youth transitional housing program may include | 13 | | a service assessment, individualized case management, and life | 14 | | skills training who are at least 16 years of age but less than | 15 | | 18
years of age and who are granted partial emancipation under | 16 | | the Emancipation of
Minors Act . The Department shall adopt | 17 | | rules governing the licensure of those
programs.
| 18 | | (b) A homeless minor is eligible if: | 19 | | (1) he or she is at least 16 years of age but less than | 20 | | 18 years of age; | 21 | | (2) the homeless minor lacks a regular, fixed, and | 22 | | adequate place to live; | 23 | | (3) the homeless minor is living apart from his or her |
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| 1 | | parent or guardian; | 2 | | (4) the homeless minor desires to participate in a | 3 | | licensed youth transitional housing program; | 4 | | (5) a licensed youth transitional housing program is | 5 | | able to provide housing and services; | 6 | | (6) the licensed youth transitional housing program | 7 | | has determined the homeless minor is eligible for the youth | 8 | | transitional housing program; and | 9 | | (7) either the homeless minor's parent has consented to | 10 | | the transitional housing program or the minor has consented | 11 | | after: | 12 | | (A) a comprehensive community based youth service | 13 | | agency has provided crisis intervention services to | 14 | | the homeless minor under Section 3-5 of the Juvenile | 15 | | Court Act of 1987 and the agency was unable to achieve | 16 | | either family reunification or an alternate living | 17 | | arrangement; | 18 | | (B) the Department has not filed a petition | 19 | | alleging that the homeless minor is abused or neglected | 20 | | and the minor does not require placement in a | 21 | | residential facility, as defined by 89 Ill. Adm. Code | 22 | | 301.20; | 23 | | (C) the youth transitional housing program or | 24 | | comprehensive community based youth services agency | 25 | | has made reasonable efforts and documented its | 26 | | attempts to notify the homeless minor's parent or |
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| 1 | | guardian of the homeless minor's intent to enter the | 2 | | youth transitional housing program. | 3 | | (d) If an eligible homeless minor voluntarily leaves or is | 4 | | dismissed from a youth transitional housing program prior to | 5 | | reaching the age of majority, the youth transitional housing | 6 | | program agency shall contact the comprehensive community based | 7 | | youth services agency that provided crisis intervention | 8 | | services to the eligible homeless minor under subdivision | 9 | | (b)(7)(A) of this Section to assist in finding an alternative | 10 | | placement for the minor. If the eligible homeless minor leaves | 11 | | the program before beginning services with the comprehensive | 12 | | community based youth service provider, then the youth | 13 | | transitional housing program shall notify the local law | 14 | | enforcement authorities and make reasonable efforts to notify | 15 | | the minor's parent or guardian that the minor has left the | 16 | | program. | 17 | | (e) Nothing in this Section shall be construed to require | 18 | | an eligible homeless minor to acquire the consent of a parent, | 19 | | guardian, or custodian to consent to a youth transitional | 20 | | housing program. An eligible homeless minor is deemed to have | 21 | | the legal capacity to consent to receiving housing and services | 22 | | from a licensed youth transitional housing program. | 23 | | (f) The purpose of this Section is to provide a means by | 24 | | which an eligible homeless minor may have the authority to | 25 | | consent, independent of his or her parents or guardian, to | 26 | | receive housing and services as described in subsection (a) of |
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| 1 | | this Section provided by a licensed youth transitional housing | 2 | | program that has the ability to serve the homeless minor. This | 3 | | Section is not intended to interfere with the integrity of the | 4 | | family or the rights of parents and their children. This | 5 | | Section does not limit or exclude any means by which a minor | 6 | | may become emancipated. | 7 | | (Source: P.A. 93-105, eff. 7-8-03; 93-798, eff. 1-1-05.)
| 8 | | Section 10. The Emancipation of Minors Act is amended by | 9 | | changing Sections 2, 4, 5, 7, and 9 as follows:
| 10 | | (750 ILCS 30/2) (from Ch. 40, par. 2202)
| 11 | | Sec. 2. Purpose and policy. The purpose of this Act is to | 12 | | provide a means
by which a mature minor who has demonstrated | 13 | | the ability and capacity to
manage his own affairs and to live | 14 | | wholly or partially independent of his
parents or guardian, may | 15 | | obtain the legal status of an emancipated person
with power to | 16 | | enter into valid legal contracts.
This Act is also intended (i) | 17 | | to provide a means by which a homeless minor
who is
seeking | 18 | | assistance may have the authority to consent, independent of | 19 | | his or her
parents or guardian, to receive shelter, housing, | 20 | | and services provided by a
licensed agency that has the ability | 21 | | and willingness to serve the homeless
minor and (ii) to do so | 22 | | without requiring the delay or difficulty of first
holding
a | 23 | | hearing.
| 24 | | This Act is not intended
to interfere with the integrity of |
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| 1 | | the family or
the rights of parents and their children. No | 2 | | order of complete or partial
emancipation may be entered under | 3 | | this Act if there is any objection by
the minor, his parents or | 4 | | guardian. No petition may be filed for the partial
emancipation | 5 | | of a homeless minor unless appropriate attempts have been made | 6 | | to
reunify the homeless minor with his or her family through | 7 | | the services
of a Comprehensive Community Based Youth Services | 8 | | Agency.
This Act does not limit or exclude
any other means | 9 | | either in statute or case law by which a minor may become
| 10 | | emancipated.
| 11 | | (g) Beginning January 1, 2019, and annually thereafter | 12 | | through January 1, 2024, the Department of Human Services shall | 13 | | submit annual reports to the General Assembly regarding | 14 | | homeless minors older than 16 years of age but less than 18 | 15 | | years of age referred to a youth transitional housing program | 16 | | for whom parental consent to enter the program is not obtained. | 17 | | The report shall include the following information: | 18 | | (1) the number of homeless minors referred to youth | 19 | | transitional housing programs; | 20 | | (2) the number of homeless minors who were referred but | 21 | | a licensed youth transitional housing program was not able | 22 | | to provide housing and services, and what subsequent steps, | 23 | | if any, were taken to ensure that the homeless minors were | 24 | | referred to an appropriate and available alternative | 25 | | placement; | 26 | | (3) the number of homeless minors who were referred but |
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| 1 | | determined to be ineligible for a youth transitional | 2 | | housing program and the reason why the homeless minors were | 3 | | determined to be ineligible, and what subsequent steps, if | 4 | | any, were taken to ensure that the homeless minors were | 5 | | referred to an appropriate and available alternative | 6 | | placement; and | 7 | | (4) the number of homeless minors who voluntarily left | 8 | | the program and who were dismissed from the program while | 9 | | they were under the age of 18, and what subsequent steps, | 10 | | if any, were taken to ensure that the homeless minors were | 11 | | referred to an appropriate and available alternative | 12 | | placement. | 13 | | (Source: P.A. 93-105, eff. 7-8-03.)
| 14 | | (750 ILCS 30/4) (from Ch. 40, par. 2204)
| 15 | | Sec. 4. Jurisdiction. The circuit court in the county where | 16 | | the minor
resides, is found, owns property, or in which a court | 17 | | action affecting the
interests of the minor is pending, may, | 18 | | upon the filing of a petition on
behalf of the minor by his | 19 | | next friend, parent or guardian and after any
hearing
or notice | 20 | | to all persons as set forth in Sections 7,
8, and 9 of this Act, | 21 | | enter
a finding that the minor is a mature minor or a homeless | 22 | | minor as defined
in this Act and order
complete or partial | 23 | | emancipation of the minor. The court in its order for
partial | 24 | | emancipation may specifically limit the rights
and | 25 | | responsibilities of the minor seeking emancipation. In the case
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| 1 | | of a homeless minor, the court shall restrict the order of | 2 | | emancipation to
allowing the minor
to consent to the receipt of | 3 | | transitional services and shelter or housing from
a specified
| 4 | | youth transitional program and its referral agencies only.
| 5 | | (Source: P.A. 93-105, eff. 7-8-03.)
| 6 | | (750 ILCS 30/5) (from Ch. 40, par. 2205)
| 7 | | Sec. 5. Rights and responsibilities of an emancipated | 8 | | minor.
| 9 | | (a) A mature
minor ordered emancipated under this Act shall | 10 | | have the right to enter into
valid legal contracts, and shall | 11 | | have such other rights and responsibilities
as the court may | 12 | | order that are not inconsistent with the specific age
| 13 | | requirements
of the State or federal constitution or any State | 14 | | or federal law.
| 15 | | (b) A mature minor or homeless minor who is partially | 16 | | emancipated under
this Act shall have
only those rights and | 17 | | responsibilities specified in the order of the court.
| 18 | | (Source: P.A. 93-105, eff. 7-8-03.)
| 19 | | (750 ILCS 30/7) (from Ch. 40, par. 2207)
| 20 | | Sec. 7. Petition. The petition for emancipation shall be | 21 | | verified
and shall set forth: (1) the age of the minor; (2) | 22 | | that the minor is a
resident of Illinois at the time of the | 23 | | filing of the petition, or owns
real estate in Illinois, or has | 24 | | an interest or is a party in any case pending
in Illinois; (3) |
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| 1 | | the cause for which the minor seeks to obtain partial or
| 2 | | complete emancipation; (4) the names of the minor's parents, | 3 | | and the address,
if living; (5) the names and addresses of any | 4 | | guardians or custodians appointed
for the minor; (6) that the | 5 | | minor is (i) a mature minor who has
demonstrated
the ability | 6 | | and capacity to manage his own affairs or (ii) a homeless minor
| 7 | | who is located in this State; and (7) that the minor
has lived | 8 | | wholly or partially independent of his parents or guardian. If | 9 | | the
minor seeks emancipation as a homeless minor, the petition | 10 | | shall also set forth
the name of the youth transitional housing | 11 | | program that is willing and able to
provide services and | 12 | | shelter or housing to the minor, the address of the
program, | 13 | | and the name and phone
number of the contact person at the | 14 | | program. The petition shall also briefly
assert the reason that | 15 | | the
services and shelter or housing to be offered are | 16 | | appropriate and necessary for
the
well-being of the homeless | 17 | | minor.
| 18 | | (Source: P.A. 93-105, eff. 7-8-03.)
| 19 | | (750 ILCS 30/9) (from Ch. 40, par. 2209)
| 20 | | Sec. 9. Hearing on petition.
| 21 | | (a) Mature minor. Before proceeding to a hearing on the | 22 | | petition for
emancipation of a mature minor the
court
shall | 23 | | advise all persons present of the nature of the proceedings,
| 24 | | and their rights and responsibilities if an order of | 25 | | emancipation should be
entered.
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| 1 | | If, after the hearing, the court determines that the minor | 2 | | is a mature
minor who is of sound mind and has the capacity and | 3 | | maturity to manage his
own affairs including his finances, and | 4 | | that the best interests of the minor
and his family will be | 5 | | promoted by declaring the minor an emancipated minor,
the court | 6 | | shall enter a finding that the minor is an emancipated minor | 7 | | within
the meaning of this Act, or that the mature minor is | 8 | | partially emancipated
with such limitations as the court by | 9 | | order deems appropriate. No order
of complete or partial | 10 | | emancipation may be entered under this Act if there is
any
| 11 | | objection by the minor, his parents or guardian.
| 12 | | (b) (Blank). Homeless minor. Upon the verified petition of | 13 | | a homeless minor, the
court shall immediately grant partial | 14 | | emancipation for the sole purpose of
allowing the homeless | 15 | | minor to consent to the receipt of
services and shelter or | 16 | | housing provided by the youth transitional housing
program | 17 | | named in the
petition and to other services that the youth | 18 | | transitional housing program
may arrange by referral. The court | 19 | | may require that a youth transitional
housing program employee | 20 | | appear before the court at the time of the filing of
the | 21 | | petition and may inquire into the facts asserted in the | 22 | | petition. No other
hearing shall be scheduled in the case of a | 23 | | petition affecting a homeless
minor,
unless, after notice, a | 24 | | parent or guardian requests such a hearing. If such
a hearing | 25 | | is requested, then the homeless minor must be present at the
| 26 | | hearing. After
the granting of partial emancipation to a |
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| 1 | | homeless youth, if the youth
transitional housing program | 2 | | determines that its facility and services are no
longer | 3 | | appropriate for the minor or that another program is more | 4 | | appropriate
for the minor,
the program shall notify
the court | 5 | | and the court, after a hearing, may modify its order.
| 6 | | (Source: P.A. 93-105, eff. 7-8-03.)
| 7 | | (750 ILCS 30/3-2.5 rep.)
| 8 | | (750 ILCS 30/3-2.10 rep.)
| 9 | | Section 15. The Emancipation of Minors Act is amended by | 10 | | repealing Sections 3-2.5 and 3-2.10.
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