093_HB0556enr

 
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 1        AN ACT in relation to minors.

 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
 5    amended by adding Section 4b as follows:

 6        (20 ILCS 505/4b new)
 7        Sec.   4b.  Youth   transitional  housing  programs.  The
 8    Department may license youth transitional housing programs to
 9    provide services, shelter, or housing to homeless minors  who
10    are  at  least  16 years of age but less than 18 years of age
11    and  who  are  granted   partial   emancipation   under   the
12    Emancipation of Minors Act.  The Department shall adopt rules
13    governing the licensure of those programs.

14        Section  10.  The  Emancipation  of  Mature Minors Act is
15    amended by changing Sections 1, 2, 4, 5, 7, 8, 9, and 10  and
16    by adding Sections 3-2.5 and 3-2.10 as follows:

17        (750 ILCS 30/1) (from Ch. 40, par. 2201)
18        Sec. 1.  Short title.  This Act shall be known and may be
19    cited as the Emancipation of Mature Minors Act.
20    (Source: P.A. 81-833.)

21        (750 ILCS 30/2) (from Ch. 40, par. 2202)
22        Sec.  2.  Purpose and policy.  The purpose of this Act is
23    to  provide  a  means  by  which  a  mature  minor  who   has
24    demonstrated  the  ability  and  capacity  to  manage his own
25    affairs and to live wholly or partially  independent  of  his
26    parents  or  guardian,  may  obtain  the  legal  status of an
27    emancipated person with  power  to  enter  into  valid  legal
28    contracts.  This  Act is also intended (i) to provide a means
 
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 1    by which a homeless minor who is seeking assistance may  have
 2    the  authority  to consent, independent of his or her parents
 3    or  guardian,  to  receive  shelter,  housing,  and  services
 4    provided by a  licensed  agency  that  has  the  ability  and
 5    willingness  to  serve  the  homeless minor and (ii) to do so
 6    without requiring the delay or difficulty of first holding  a
 7    hearing.
 8        This  Act is not intended to interfere with the integrity
 9    of the family or the rights of parents  and  their  children.
10    No  order  of complete or partial emancipation may be entered
11    under this Act if there is any objection by  the  minor,  his
12    parents  or  guardian.   No  petition  may  be  filed for the
13    partial emancipation of a homeless minor  unless  appropriate
14    attempts  have  been  made to reunify the homeless minor with
15    his or her family through the  services  of  a  Comprehensive
16    Community  Based  Youth  Services  Agency.  This Act does not
17    limit or exclude any other means either in  statute  or  case
18    law by which a minor may become emancipated.
19    (Source: P.A. 81-833.)

20        (750 ILCS 30/3-2.5 new)
21        Sec.  3-2.5.  Homeless  minor.   "Homeless minor" means a
22    person at least 16 years of age but less than 18 years of age
23    who lacks a regular, fixed, and adequate place  to  live  and
24    who  desires  to  participate in a youth transitional housing
25    program.  The term includes, but is not limited to,  a  minor
26    who  is  sharing  the  dwelling  of  another  or  living in a
27    temporary shelter or who is unable or unwilling to return  to
28    the  residence of a parent. The term does not include a minor
29    in the custody or under the guardianship of the Department of
30    Children and Family Services.  No  child  may  be  terminated
31    from  the  custody  or  guardianship  of  the  Department  of
32    Children  and  Family  Services  for the purpose of obtaining
33    emancipation as a homeless minor.
 
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 1        (750 ILCS 30/3-2.10 new)
 2        Sec. 3-2.10.  Youth transitional housing program.  "Youth
 3    transitional housing program" means a program licensed by the
 4    Department  of  Children  and  Family  Services  to   provide
 5    services, shelter, or housing to a minor.

 6        (750 ILCS 30/4) (from Ch. 40, par. 2204)
 7        Sec.  4.   Jurisdiction.  The circuit court in the county
 8    where the minor resides, is found, owns property, or in which
 9    a court action  affecting  the  interests  of  the  minor  is
10    pending,  may, upon the filing of a petition on behalf of the
11    minor by his next friend, parent or guardian and after any  a
12    hearing  or on notice to all persons as set forth in Sections
13    7, and 8, and 9 of this Act, enter a finding that  the  minor
14    is  a mature minor or a homeless minor as defined in this Act
15    and order complete or partial emancipation of the minor.  The
16    court in its order for partial emancipation may  specifically
17    limit  the  rights  and responsibilities of the minor seeking
18    emancipation.  In the case of a  homeless  minor,  the  court
19    shall  restrict  the  order  of  emancipation to allowing the
20    minor to consent to the receipt of transitional services  and
21    shelter  or  housing  from  a  specified  youth  transitional
22    program and its referral agencies only.
23    (Source: P.A. 81-833.)

24        (750 ILCS 30/5) (from Ch. 40, par. 2205)
25        Sec.  5.  Rights  and  responsibilities of an emancipated
26    minor.  (a) A mature minor ordered emancipated under this Act
27    shall have the right to enter into valid legal contracts, and
28    shall have such other  rights  and  responsibilities  as  the
29    court  may  order that are not inconsistent with the specific
30    age requirements of the State or federal constitution or  any
31    State or federal law.
32        (b)  A  mature  minor  or homeless minor who is partially
 
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 1    emancipated under this Act shall have only those  rights  and
 2    responsibilities specified in the order of the court.
 3    (Source: P.A. 81-833.)

 4        (750 ILCS 30/7) (from Ch. 40, par. 2207)
 5        Sec.  7.   Petition.  The petition for emancipation shall
 6    be verified and shall set forth:  (1) the age of  the  minor;
 7    (2)  that  the minor is a resident of Illinois at the time of
 8    the filing of the petition, or owns real estate in  Illinois,
 9    or  has  an  interest  or  is  a party in any case pending in
10    Illinois; (3) the cause for which the minor seeks  to  obtain
11    partial  or  complete  emancipation;  (4)  the  names  of the
12    minor's parents, and the address, if living;  (5)  the  names
13    and  addresses  of  any guardians or custodians appointed for
14    the minor; (6) that the minor is (i) a mature minor  who  has
15    demonstrated  the  ability  and  capacity  to  manage his own
16    affairs or (ii) a homeless  minor  who  is  located  in  this
17    State;  and  (7) that the minor has lived wholly or partially
18    independent of his parents or guardian.  If the  minor  seeks
19    emancipation as a homeless minor, the petition shall also set
20    forth the name of the youth transitional housing program that
21    is  willing  and  able  to  provide  services  and shelter or
22    housing to the minor, the address of  the  program,  and  the
23    name  and  phone number of the contact person at the program.
24    The petition shall also briefly assert the  reason  that  the
25    services and shelter or housing to be offered are appropriate
26    and necessary for the well-being of the homeless minor.
27    (Source: P.A. 81-833.)

28        (750 ILCS 30/8) (from Ch. 40, par. 2208)
29        Sec. 8.  Notice.  All persons named in the petition shall
30    be  given  written  notice within 21 days after the filing of
31    the petition for emancipation.  Those persons  prior  to  the
32    hearing  and shall have a right to be present if a hearing is
 
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 1    sought or scheduled and to be represented by counsel.
 2        All notices shall be  served  on  persons  named  in  the
 3    petition  by  personal  service or by "certified mail, return
 4    receipt requested, addressee  only".    If  personal  service
 5    cannot be made in accordance with the provisions of this Act,
 6    substitute service or service by publication shall be made in
 7    accordance with the Civil Practice Law.
 8    (Source: P.A. 83-1539.)

 9        (750 ILCS 30/9) (from Ch. 40, par. 2209)
10        Sec. 9. Hearing on petition.
11        (a)  Mature minor.  Before proceeding to a hearing on the
12    petition  for  emancipation of a mature minor the court shall
13    advise all persons present of the nature of the  proceedings,
14    and   their  rights  and  responsibilities  if  an  order  of
15    emancipation should be entered.
16        If, after the hearing,  the  court  determines  that  the
17    minor  is  a  mature  minor  who is of sound mind and has the
18    capacity and maturity to manage his own affairs including his
19    finances, and that the best interests of the  minor  and  his
20    family will be promoted by declaring the minor an emancipated
21    minor,  the  court shall enter a finding that the minor is an
22    emancipated minor within the meaning of this Act, or that the
23    mature minor is partially emancipated with  such  limitations
24    as  the  court  by  order  deems  appropriate.   No  order of
25    complete or partial emancipation may be  entered  under  this
26    Act  if  there  is any objection by the minor, his parents or
27    guardian.
28        (b)  Homeless minor.  Upon the  verified  petition  of  a
29    homeless  minor,  the  court  shall immediately grant partial
30    emancipation for the sole purpose of  allowing  the  homeless
31    minor  to  consent  to the receipt of services and shelter or
32    housing provided by the youth  transitional  housing  program
33    named  in  the  petition and to other services that the youth
 
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 1    transitional housing program may arrange  by  referral.   The
 2    court  may  require that a youth transitional housing program
 3    employee appear before the court at the time of the filing of
 4    the petition and may inquire into the facts asserted  in  the
 5    petition.  No other hearing shall be scheduled in the case of
 6    a  petition affecting a homeless minor, unless, after notice,
 7    a parent or guardian requests such  a  hearing.   If  such  a
 8    hearing is requested, then the homeless minor must be present
 9    at  the  hearing.  After the granting of partial emancipation
10    to a  homeless  youth,  if  the  youth  transitional  housing
11    program  determines  that  its  facility  and services are no
12    longer appropriate for the minor or that another  program  is
13    more  appropriate for the minor, the program shall notify the
14    court and the court, after a hearing, may modify its order.
15    (Source: P.A. 81-833.)

16        (750 ILCS 30/10) (from Ch. 40, par. 2210)
17        Sec.  10.   Joinder,  Juvenile  Court  Proceedings.   The
18    petition for declaration of emancipation may, with  leave  of
19    the  court,  be  joined with any pending litigation affecting
20    the interests of the minor including a petition  filed  under
21    the Juvenile Court Act or the Juvenile Court Act of 1987.
22        If  any minor seeking emancipation as a mature minor is a
23    ward of the  court  under  the  Juvenile  Court  Act  or  the
24    Juvenile  Court  Act of 1987 at the time of the filing of the
25    petition for emancipation, the  petition  shall  be  set  for
26    hearing in the juvenile court.
27    (Source: P.A. 85-1209.)

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