750 ILCS 30/ Emancipation of Minors Act.

(750 ILCS 30/1) (from Ch. 40, par. 2201)

Sec. 1. Short title. This Act may be cited as the Emancipation of Minors Act.

(Source: P.A. 93-105, eff. 7-8-03.)

(750 ILCS 30/2) (from Ch. 40, par. 2202)

Sec. 2. Purpose and policy. The purpose of this Act is to provide a means by which a mature minor who has demonstrated the ability and capacity to manage the minor's own affairs and to live wholly or partially independent of the minor's parents or guardian, may obtain the legal status of an emancipated person with power to enter into valid legal contracts.

This Act is not intended to interfere with the integrity of the family or the rights of parents and their children. No order of complete or partial emancipation may be entered under this Act if there is any objection by the minor. An order of complete or partial emancipation may be entered under this Act 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. This Act does not limit or exclude any other means either in statute or case law by which a minor may become emancipated.

Beginning January 1, 2019, and annually thereafter through January 1, 2024, the Department of Human Services shall submit annual reports to the General Assembly regarding homeless minors older than 16 years of age but less than 18 years of age referred to a youth transitional housing program for whom parental consent to enter the program is not obtained. The report shall include the following information:

(1) the number of homeless minors referred to youth transitional housing programs;

(2) the number of homeless minors who were referred but a licensed youth transitional housing program was not able to provide housing and services, and what subsequent steps, if any, were taken to ensure that the homeless minors were referred to an appropriate and available alternative placement;

(3) the number of homeless minors who were referred but determined to be ineligible for a youth transitional housing program and the reason why the homeless minors were determined to be ineligible, and what subsequent steps, if any, were taken to ensure that the homeless minors were referred to an appropriate and available alternative placement; and

(4) the number of homeless minors who voluntarily left the program and who were dismissed from the program while they were under the age of 18, and what subsequent steps, if any, were taken to ensure that the homeless minors were referred to an appropriate and available alternative placement.

(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.)

(750 ILCS 30/3) (from Ch. 40, par. 2203)

Sec. 3. Definitions. Terms used in this Act, unless the context otherwise requires, have the meanings ascribed to them in Sections 3-1 through 3-5.

(Source: P.A. 81-833.)

(750 ILCS 30/3-1) (from Ch. 40, par. 2203-1)

Sec. 3-1. Minor. "Minor" means a person 16 years of age or over, and under the age of 18 years, subject to this Act.

(Source: P.A. 81-833.)

(750 ILCS 30/3-2) (from Ch. 40, par. 2203-2)

Sec. 3-2. Mature minor. "Mature minor" means a person 16 years of age or over and under the age of 18 years who has demonstrated the ability and capacity to manage the minor's own affairs and to live wholly or partially independent of the minor's parents or guardian.

(Source: P.A. 103-22, eff. 8-8-23.)

(750 ILCS 30/3-2.5)

Sec. 3-2.5. (Repealed).

(Source: P.A. 93-105, eff. 7-8-03. Repealed by P.A. 100-162, eff. 1-1-18.)

(750 ILCS 30/3-2.10)

Sec. 3-2.10. (Repealed).

(Source: P.A. 93-105, eff. 7-8-03. Repealed by P.A. 100-162, eff. 1-1-18.)

(750 ILCS 30/3-3) (from Ch. 40, par. 2203-3)

Sec. 3-3. Parents. "Parent" means the father or mother of a lawful child of the parties or a child born out of wedlock, and includes any adoptive parent. It does not include a parent whose rights in respect to the minor have been terminated in any manner provided by law.

(Source: P.A. 94-229, eff. 1-1-06.)

(750 ILCS 30/3-4) (from Ch. 40, par. 2203-4)

Sec. 3-4. Guardian. "Guardian" means any person, association or agency appointed guardian of the person of the minor under the Juvenile Court Act, the Juvenile Court Act of 1987, the "Probate Act of 1975", or any other statute or court order.

(Source: P.A. 85-1440.)

(750 ILCS 30/3-5) (from Ch. 40, par. 2203-5)

Sec. 3-5. Petition. "Petition" means the petition provided for in Section 7 of this Act, or any other petition filed under the Juvenile Court Act or the Juvenile Court Act of 1987, seeking the emancipation of a minor in accordance with the provisions of this Act.

(Source: P.A. 85-1209.)

(750 ILCS 30/4) (from Ch. 40, par. 2204)

Sec. 4. Jurisdiction. The circuit court in the county where the minor resides, is found, owns property, or in which a court action affecting the interests of the minor is pending, may, upon the filing of a petition on behalf of the minor by the minor's next friend, parent or guardian and after any hearing or notice to all persons as set forth in Sections 7, 8, and 9 of this Act, enter a finding that the minor is a mature minor and order complete or partial emancipation of the minor. The court in its order for partial emancipation may specifically limit the rights and responsibilities of the minor seeking emancipation.

(Source: P.A. 103-22, eff. 8-8-23.)

(750 ILCS 30/5) (from Ch. 40, par. 2205)

Sec. 5. Rights and responsibilities of an emancipated minor.

(a) A mature minor ordered emancipated under this Act shall have the right to enter into valid legal contracts, and shall have such other rights and responsibilities as the court may order that are not inconsistent with the specific age requirements of the State or federal constitution or any State or federal law.

(b) A mature minor who is partially emancipated under this Act shall have only those rights and responsibilities specified in the order of the court.

(Source: P.A. 100-162, eff. 1-1-18.)

(750 ILCS 30/6) (from Ch. 40, par. 2206)

Sec. 6. Duration of emancipation and discharge of proceedings. The court shall retain continuing jurisdiction over the proceedings until the emancipated minor reaches age 18, and may modify or terminate its previous emancipation orders. However, any subsequent modification or termination of a previous order shall be effective only prospectively and shall not affect any rights, duties, obligations or causes of action existing prior to the modification or termination of any order under this Act.

(Source: P.A. 81-833.)

(750 ILCS 30/7) (from Ch. 40, par. 2207)

Sec. 7. Petition. The petition for emancipation shall be verified and shall set forth: (1) the age of the minor; (2) that the minor is a resident of Illinois at the time of the filing of the petition, or owns real estate in Illinois, or has an interest or is a party in any case pending in Illinois; (3) the cause for which the minor seeks to obtain partial or complete emancipation; (4) the names of the minor's parents, and the address, if living; (5) the names and addresses of any guardians or custodians appointed for the minor; (6) that the minor is a mature minor who has demonstrated the ability and capacity to manage the minor's own affairs and (7) that the minor has lived wholly or partially independent of the minor's parents or guardian.

(Source: P.A. 103-22, eff. 8-8-23.)

(750 ILCS 30/8) (from Ch. 40, par. 2208)

Sec. 8. Notice. All persons named in the petition shall be given written notice within 21 days after the filing of the petition for emancipation. Those persons shall have a right to be present if a hearing is sought or scheduled and to be represented by counsel.

All notices shall be served on persons named in the petition by personal service or by "certified mail, return receipt requested, addressee only". If personal service cannot be made in accordance with the provisions of this Act, substitute service or service by publication shall be made in accordance with the Civil Practice Law.

(Source: P.A. 93-105, eff. 7-8-03.)

(750 ILCS 30/9) (from Ch. 40, par. 2209)

Sec. 9. Hearing on petition.

(a) Mature minor. Before proceeding to a hearing on the petition for emancipation of a mature minor the court shall advise all persons present of the nature of the proceedings, and their rights and responsibilities if an order of emancipation should be entered.

If, after the hearing, the court determines that the minor is a mature minor who is of sound mind and has the capacity and maturity to manage the minor's own affairs including the minor's finances, and that the best interests of the minor and the minor's family will be promoted by declaring the minor an emancipated minor, the court shall enter a finding that the minor is an emancipated minor within the meaning of this Act, or that the mature minor is partially emancipated with such limitations as the court by order deems appropriate. No order of complete or partial emancipation may be entered under this Act if there is any objection by the minor. An order of complete or partial emancipation may be entered under this Act 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.

(b) (Blank).

(Source: P.A. 103-22, eff. 8-8-23.)

(750 ILCS 30/10) (from Ch. 40, par. 2210)

Sec. 10. Joinder, Juvenile Court Proceedings. The petition for declaration of emancipation may, with leave of the court, be joined with any pending litigation affecting the interests of the minor including a petition filed under the Juvenile Court Act or the Juvenile Court Act of 1987.

If any minor seeking emancipation as a mature minor is a ward of the court under the Juvenile Court Act or the Juvenile Court Act of 1987 at the time of the filing of the petition for emancipation, the petition shall be set for hearing in the juvenile court.

(Source: P.A. 93-105, eff. 7-8-03.)

(750 ILCS 30/11) (from Ch. 40, par. 2211)

Sec. 11. Appeal. Any judgment or order allowing or denying a complete or partial emancipation is a final order for purposes of appeal.

(Source: P.A. 81-833.)