Public Act 93-0105
HB0556 Enrolled LRB093 05593 MBS 05685 b
AN ACT in relation to minors.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is
amended by adding Section 4b as follows:
(20 ILCS 505/4b new)
Sec. 4b. Youth transitional housing programs. The
Department may license youth transitional housing programs to
provide services, shelter, or housing to homeless minors 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.
Section 10. The Emancipation of Mature Minors Act is
amended by changing Sections 1, 2, 4, 5, 7, 8, 9, and 10 and
by adding Sections 3-2.5 and 3-2.10 as follows:
(750 ILCS 30/1) (from Ch. 40, par. 2201)
Sec. 1. Short title. This Act shall be known and may be
cited as the Emancipation of Mature Minors Act.
(Source: P.A. 81-833.)
(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 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.
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 emancipated.
(Source: P.A. 81-833.)
(750 ILCS 30/3-2.5 new)
Sec. 3-2.5. Homeless minor. "Homeless minor" means a
person at least 16 years of age but less than 18 years of age
who lacks a regular, fixed, and adequate place to live and
who desires to participate in a youth transitional housing
program. The term includes, but is not limited to, a minor
who is sharing the dwelling of another or living in a
temporary shelter or who is unable or unwilling to return to
the residence of a parent. The term does not include a minor
in the custody or under the guardianship of the Department of
Children and Family Services. No child may be terminated
from the custody or guardianship of the Department of
Children and Family Services for the purpose of obtaining
emancipation as a homeless minor.
(750 ILCS 30/3-2.10 new)
Sec. 3-2.10. Youth transitional housing program. "Youth
transitional housing program" means a program licensed by the
Department of Children and Family Services to provide
services, shelter, or housing to a minor.
(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 his next friend, parent or guardian and after any a
hearing or on notice to all persons as set forth in Sections
7, and 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 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 youth transitional
program and its referral agencies only.
(Source: P.A. 81-833.)
(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 or homeless 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. 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 (i) a mature minor who has
demonstrated the ability and capacity to manage his own
affairs or (ii) a homeless minor 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.
(Source: P.A. 81-833.)
(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 prior to the
hearing and 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. 83-1539.)
(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.
(b) 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 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.
(Source: P.A. 81-833.)
(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. 85-1209.)
Section 99. Effective date. This Act takes effect upon
becoming law.