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| Public Act 100-0162 | ||||
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended | ||||
by changing Section 4b as follows:
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(20 ILCS 505/4b)
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Sec. 4b. Youth transitional housing programs. | ||||
(a) The Department may license
youth transitional housing | ||||
programs. For the purposes of this Section, "youth transitional | ||||
housing program" means a program that provides shelter
or | ||||
housing and services to eligible homeless minors. Services | ||||
provided by the youth transitional housing program may include | ||||
a service assessment, individualized case management, and life | ||||
skills training who are at least 16 years of age but less than | ||||
18
years of age and who are granted partial emancipation under | ||||
the Emancipation of
Minors Act. The Department shall adopt | ||||
rules governing the licensure of those
programs.
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(b) A homeless minor is eligible if: | ||||
(1) he or she is at least 16 years of age but less than | ||||
18 years of age; | ||||
(2) the homeless minor lacks a regular, fixed, and | ||||
adequate place to live; | ||||
(3) the homeless minor is living apart from his or her | ||||
parent or guardian; | ||
(4) the homeless minor desires to participate in a | ||
licensed youth transitional housing program; | ||
(5) a licensed youth transitional housing program is | ||
able to provide housing and services; | ||
(6) the licensed youth transitional housing program | ||
has determined the homeless minor is eligible for the youth | ||
transitional housing program; and | ||
(7) either the homeless minor's parent has consented to | ||
the transitional housing program or the minor has consented | ||
after: | ||
(A) a comprehensive community based youth service | ||
agency has provided crisis intervention services to | ||
the homeless minor under Section 3-5 of the Juvenile | ||
Court Act of 1987 and the agency was unable to achieve | ||
either family reunification or an alternate living | ||
arrangement; | ||
(B) the Department has not filed a petition | ||
alleging that the homeless minor is abused or neglected | ||
and the minor does not require placement in a | ||
residential facility, as defined by 89 Ill. Adm. Code | ||
301.20; | ||
(C) the youth transitional housing program or | ||
comprehensive community based youth services agency | ||
has made reasonable efforts and documented its | ||
attempts to notify the homeless minor's parent or | ||
guardian of the homeless minor's intent to enter the | ||
youth transitional housing program. | ||
(d) If an eligible homeless minor voluntarily leaves or is | ||
dismissed from a youth transitional housing program prior to | ||
reaching the age of majority, the youth transitional housing | ||
program agency shall contact the comprehensive community based | ||
youth services agency that provided crisis intervention | ||
services to the eligible homeless minor under subdivision | ||
(b)(7)(A) of this Section to assist in finding an alternative | ||
placement for the minor. If the eligible homeless minor leaves | ||
the program before beginning services with the comprehensive | ||
community based youth service provider, then the youth | ||
transitional housing program shall notify the local law | ||
enforcement authorities and make reasonable efforts to notify | ||
the minor's parent or guardian that the minor has left the | ||
program. | ||
(e) Nothing in this Section shall be construed to require | ||
an eligible homeless minor to acquire the consent of a parent, | ||
guardian, or custodian to consent to a youth transitional | ||
housing program. An eligible homeless minor is deemed to have | ||
the legal capacity to consent to receiving housing and services | ||
from a licensed youth transitional housing program. | ||
(f) The purpose of this Section is to provide a means by | ||
which an eligible homeless minor may have the authority to | ||
consent, independent of his or her parents or guardian, to | ||
receive housing and services as described in subsection (a) of | ||
this Section provided by a licensed youth transitional housing | ||
program that has the ability to serve the homeless minor. This | ||
Section is not intended to interfere with the integrity of the | ||
family or the rights of parents and their children. This | ||
Section does not limit or exclude any means by which a minor | ||
may become emancipated. | ||
(Source: P.A. 93-105, eff. 7-8-03; 93-798, eff. 1-1-05.)
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Section 10. The Emancipation of Minors Act is amended by | ||
changing Sections 2, 4, 5, 7, and 9 as follows:
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(750 ILCS 30/2) (from Ch. 40, par. 2202)
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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 his own affairs and to live | ||
wholly or partially independent of his
parents or guardian, may | ||
obtain the legal status of an emancipated person
with power to | ||
enter into valid legal contracts.
This Act is also intended (i) | ||
to provide a means by which a homeless minor
who is
seeking | ||
assistance may have the authority to consent, independent of | ||
his or her
parents or guardian, to receive shelter, housing, | ||
and services provided by a
licensed agency that has the ability | ||
and willingness to serve the homeless
minor and (ii) to do so | ||
without requiring the delay or difficulty of first
holding
a | ||
hearing.
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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, his parents or | ||
guardian. No petition may be filed for the partial
emancipation | ||
of a homeless minor unless appropriate attempts have been made | ||
to
reunify the homeless minor with his or her family through | ||
the services
of a Comprehensive Community Based Youth Services | ||
Agency.
This Act does not limit or exclude
any other means | ||
either in statute or case law by which a minor may become
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emancipated.
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(g) 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. 93-105, eff. 7-8-03.)
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(750 ILCS 30/4) (from Ch. 40, par. 2204)
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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 his | ||
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 or a homeless | ||
minor as defined
in this Act 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. In the case
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of a homeless minor, the court shall restrict the order of | ||
emancipation to
allowing the minor
to consent to the receipt of | ||
transitional services and shelter or housing from
a specified
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youth transitional program and its referral agencies only.
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(Source: P.A. 93-105, eff. 7-8-03.)
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(750 ILCS 30/5) (from Ch. 40, par. 2205)
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Sec. 5. Rights and responsibilities of an emancipated | ||
minor.
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(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
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requirements
of the State or federal constitution or any State | ||
or federal law.
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(b) A mature minor or homeless minor who is partially | ||
emancipated under
this Act shall have
only those rights and | ||
responsibilities specified in the order of the court.
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(Source: P.A. 93-105, eff. 7-8-03.)
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(750 ILCS 30/7) (from Ch. 40, par. 2207)
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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
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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 (i) a mature minor who has
demonstrated
the ability | ||
and capacity to manage his own affairs or (ii) a homeless minor
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who is located in this State; and (7) that the minor
has lived | ||
wholly or partially independent of his parents or guardian. If | ||
the
minor seeks emancipation as a homeless minor, the petition | ||
shall also set forth
the name of the youth transitional housing | ||
program that is willing and able to
provide services and | ||
shelter or housing to the minor, the address of the
program, | ||
and the name and phone
number of the contact person at the | ||
program. The petition shall also briefly
assert the reason that | ||
the
services and shelter or housing to be offered are | ||
appropriate and necessary for
the
well-being of the homeless | ||
minor.
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(Source: P.A. 93-105, eff. 7-8-03.)
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(750 ILCS 30/9) (from Ch. 40, par. 2209)
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Sec. 9. Hearing on petition.
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(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,
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and their rights and responsibilities if an order of | ||
emancipation should be
entered.
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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 his
own affairs including his finances, and | ||
that the best interests of the minor
and his 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
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objection by the minor, his parents or guardian.
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(b) (Blank). Homeless minor. Upon the verified petition of | ||
a homeless minor, the
court shall immediately grant partial | ||
emancipation for the sole purpose of
allowing the homeless | ||
minor to consent to the receipt of
services and shelter or | ||
housing provided by the youth transitional housing
program | ||
named in the
petition and to other services that the youth | ||
transitional housing program
may arrange by referral. The court | ||
may require that a youth transitional
housing program employee | ||
appear before the court at the time of the filing of
the | ||
petition and may inquire into the facts asserted in the | ||
petition. No other
hearing shall be scheduled in the case of a | ||
petition affecting a homeless
minor,
unless, after notice, a | ||
parent or guardian requests such a hearing. If such
a hearing | ||
is requested, then the homeless minor must be present at the
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hearing. After
the granting of partial emancipation to a | ||
homeless youth, if the youth
transitional housing program | ||
determines that its facility and services are no
longer | ||
appropriate for the minor or that another program is more | ||
appropriate
for the minor,
the program shall notify
the court | ||
and the court, after a hearing, may modify its order.
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(Source: P.A. 93-105, eff. 7-8-03.)
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(750 ILCS 30/3-2.5 rep.)
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(750 ILCS 30/3-2.10 rep.)
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Section 15. The Emancipation of Minors Act is amended by | ||
repealing Sections 3-2.5 and 3-2.10.
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