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Public Act 101-0135


 

Public Act 0135 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0135
 
HB2256 EnrolledLRB101 06961 LNS 51994 b

    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.

Effective Date: 7/26/2019