HB2256 101ST GENERAL ASSEMBLY

LRB101 06961 LNS 51994 b

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

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.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Emancipation of Minors Act is amended by changing Sections 2 and 9 as follows:

(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 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 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. 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.

(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. 100-162, eff. 1-1-18.)

(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 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 objection by the minor, his parents or guardian. 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. 100-162, eff. 1-1-18.)

Section 99. Effective date. This Act takes effect upon becoming law.