100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1994

 

Introduced 2/10/2017, by Sen. Donne E. Trotter

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/4b
750 ILCS 30/2  from Ch. 40, par. 2202
750 ILCS 30/4  from Ch. 40, par. 2204
750 ILCS 30/5  from Ch. 40, par. 2205
750 ILCS 30/7  from Ch. 40, par. 2207
750 ILCS 30/9  from Ch. 40, par. 2209
750 ILCS 30/3-2.5 rep.
750 ILCS 30/3-2.10 rep.

    Amends the Emancipation of Minors Act. Removes language pertaining to homeless minors from provisions governing: purpose and policy; jurisdiction; rights and responsibilities of an emancipated minor; petitions; and hearings. Repeals the definition of "homeless minor" and "youth transitional housing program". Amends the Children and Family Services Act. Provides that services provided by youth transitional housing programs may include a service assessment, individualized case management, and life skills training. Provides that a homeless minor is eligible if certain criteria are met. Provides that if a 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 to assist in finding an alternative placement for the minor. Provides that nothing in the new provisions 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. Provides that 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. Contains a statement of purpose.


LRB100 11348 HEP 21731 b

 

 

A BILL FOR

 

SB1994LRB100 11348 HEP 21731 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Section 4b as follows:
 
6    (20 ILCS 505/4b)
7    Sec. 4b. Youth transitional housing programs.
8    (a) The Department may license youth transitional housing
9programs. For the purposes of this Section, "youth transitional
10housing program" means a program that provides shelter or
11housing and services to eligible homeless minors. Services
12provided by the youth transitional housing program may include
13a service assessment, individualized case management, and life
14skills training who are at least 16 years of age but less than
1518 years of age and who are granted partial emancipation under
16the Emancipation of Minors Act. The Department shall adopt
17rules governing the licensure of those programs.
18    (b) A homeless minor is eligible if:
19        (1) he or she is at least 16 years of age but less than
20    18 years of age;
21        (2) the homeless minor lacks a regular, fixed, and
22    adequate place to live;
23        (3) the homeless minor is living apart from his or her

 

 

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1    parent or guardian;
2        (4) the homeless minor desires to participate in a
3    licensed youth transitional housing program;
4        (5) a licensed youth transitional housing program is
5    able to provide housing and services;
6        (6) the licensed youth transitional housing program
7    has determined the homeless minor is eligible for the youth
8    transitional housing program; and
9        (7) either the homeless minor's parent has consented to
10    the transitional housing program or the minor has consented
11    after:
12            (A) a comprehensive community based youth service
13        agency has provided crisis intervention services to
14        the homeless minor under Section 3-5 of the Mental
15        Health and Developmental Disabilities Code and the
16        agency was unable to achieve either family
17        reunification or an alternate living arrangement;
18            (B) the Department has not filed a petition
19        alleging that the homeless minor is abused or
20        neglected; and
21            (C) the youth transitional housing program or
22        comprehensive community based youth services agency
23        has made reasonable efforts and documented its
24        attempts to notify the homeless minor's parent or
25        guardian of the homeless minor's intent to enter the
26        youth transitional housing program.

 

 

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1    (d) If an eligible homeless minor voluntarily leaves or is
2dismissed from a youth transitional housing program prior to
3reaching the age of majority, the youth transitional housing
4program agency shall contact the comprehensive community based
5youth services agency that provided crisis intervention
6services to the eligible homeless minor under subdivision
7(b)(7)(A) of this Section to assist in finding an alternative
8placement for the minor. If the eligible homeless minor leaves
9the program before beginning services with the comprehensive
10community based youth service provider, then the youth
11transitional housing program shall notify the local law
12enforcement authorities and make reasonable efforts to notify
13the minor's parent or guardian that the minor has left the
14program.
15    (e) Nothing in this Section shall be construed to require
16an eligible homeless minor to acquire the consent of a parent,
17guardian, or custodian to consent to a youth transitional
18housing program. An eligible homeless minor is deemed to have
19the legal capacity to consent to receiving housing and services
20from a licensed youth transitional housing program.
21    (f) The purpose of this Section is to provide a means by
22which an eligible homeless minor may have the authority to
23consent, independent of his or her parents or guardian, to
24receive housing and services as described in subsection (a) of
25this Section provided by a licensed youth transitional housing
26program that has the ability to serve the homeless minor. This

 

 

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1Section is not intended to interfere with the integrity of the
2family or the rights of parents and their children. This
3Section does not limit or exclude any means by which a minor
4may become emancipated.
5(Source: P.A. 93-105, eff. 7-8-03; 93-798, eff. 1-1-05.)
 
6    Section 10. The Emancipation of Minors Act is amended by
7changing Sections 2, 4, 5, 7, and 9 as follows:
 
8    (750 ILCS 30/2)  (from Ch. 40, par. 2202)
9    Sec. 2. Purpose and policy. The purpose of this Act is to
10provide a means by which a mature minor who has demonstrated
11the ability and capacity to manage his own affairs and to live
12wholly or partially independent of his parents or guardian, may
13obtain the legal status of an emancipated person with power to
14enter into valid legal contracts. This Act is also intended (i)
15to provide a means by which a homeless minor who is seeking
16assistance may have the authority to consent, independent of
17his or her parents or guardian, to receive shelter, housing,
18and services provided by a licensed agency that has the ability
19and willingness to serve the homeless minor and (ii) to do so
20without requiring the delay or difficulty of first holding a
21hearing.
22    This Act is not intended to interfere with the integrity of
23the family or the rights of parents and their children. No
24order of complete or partial emancipation may be entered under

 

 

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1this Act if there is any objection by the minor, his parents or
2guardian. No petition may be filed for the partial emancipation
3of a homeless minor unless appropriate attempts have been made
4to reunify the homeless minor with his or her family through
5the services of a Comprehensive Community Based Youth Services
6Agency. This Act does not limit or exclude any other means
7either in statute or case law by which a minor may become
8emancipated.
9(Source: P.A. 93-105, eff. 7-8-03.)
 
10    (750 ILCS 30/4)  (from Ch. 40, par. 2204)
11    Sec. 4. Jurisdiction. The circuit court in the county where
12the minor resides, is found, owns property, or in which a court
13action affecting the interests of the minor is pending, may,
14upon the filing of a petition on behalf of the minor by his
15next friend, parent or guardian and after any hearing or notice
16to all persons as set forth in Sections 7, 8, and 9 of this Act,
17enter a finding that the minor is a mature minor or a homeless
18minor as defined in this Act and order complete or partial
19emancipation of the minor. The court in its order for partial
20emancipation may specifically limit the rights and
21responsibilities of the minor seeking emancipation. In the case
22of a homeless minor, the court shall restrict the order of
23emancipation to allowing the minor to consent to the receipt of
24transitional services and shelter or housing from a specified
25youth transitional program and its referral agencies only.

 

 

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1(Source: P.A. 93-105, eff. 7-8-03.)
 
2    (750 ILCS 30/5)  (from Ch. 40, par. 2205)
3    Sec. 5. Rights and responsibilities of an emancipated
4minor.
5    (a) A mature minor ordered emancipated under this Act shall
6have the right to enter into valid legal contracts, and shall
7have such other rights and responsibilities as the court may
8order that are not inconsistent with the specific age
9requirements of the State or federal constitution or any State
10or federal law.
11    (b) A mature minor or homeless minor who is partially
12emancipated under this Act shall have only those rights and
13responsibilities specified in the order of the court.
14(Source: P.A. 93-105, eff. 7-8-03.)
 
15    (750 ILCS 30/7)  (from Ch. 40, par. 2207)
16    Sec. 7. Petition. The petition for emancipation shall be
17verified and shall set forth: (1) the age of the minor; (2)
18that the minor is a resident of Illinois at the time of the
19filing of the petition, or owns real estate in Illinois, or has
20an interest or is a party in any case pending in Illinois; (3)
21the cause for which the minor seeks to obtain partial or
22complete emancipation; (4) the names of the minor's parents,
23and the address, if living; (5) the names and addresses of any
24guardians or custodians appointed for the minor; (6) that the

 

 

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1minor is (i) a mature minor who has demonstrated the ability
2and capacity to manage his own affairs or (ii) a homeless minor
3who is located in this State; and (7) that the minor has lived
4wholly or partially independent of his parents or guardian. If
5the minor seeks emancipation as a homeless minor, the petition
6shall also set forth the name of the youth transitional housing
7program that is willing and able to provide services and
8shelter or housing to the minor, the address of the program,
9and the name and phone number of the contact person at the
10program. The petition shall also briefly assert the reason that
11the services and shelter or housing to be offered are
12appropriate and necessary for the well-being of the homeless
13minor.
14(Source: P.A. 93-105, eff. 7-8-03.)
 
15    (750 ILCS 30/9)  (from Ch. 40, par. 2209)
16    Sec. 9. Hearing on petition.
17    (a) Mature minor. Before proceeding to a hearing on the
18petition for emancipation of a mature minor the court shall
19advise all persons present of the nature of the proceedings,
20and their rights and responsibilities if an order of
21emancipation should be entered.
22    If, after the hearing, the court determines that the minor
23is a mature minor who is of sound mind and has the capacity and
24maturity to manage his own affairs including his finances, and
25that the best interests of the minor and his family will be

 

 

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1promoted by declaring the minor an emancipated minor, the court
2shall enter a finding that the minor is an emancipated minor
3within the meaning of this Act, or that the mature minor is
4partially emancipated with such limitations as the court by
5order deems appropriate. No order of complete or partial
6emancipation may be entered under this Act if there is any
7objection by the minor, his parents or guardian.
8    (b) (Blank). Homeless minor. Upon the verified petition of
9a homeless minor, the court shall immediately grant partial
10emancipation for the sole purpose of allowing the homeless
11minor to consent to the receipt of services and shelter or
12housing provided by the youth transitional housing program
13named in the petition and to other services that the youth
14transitional housing program may arrange by referral. The court
15may require that a youth transitional housing program employee
16appear before the court at the time of the filing of the
17petition and may inquire into the facts asserted in the
18petition. No other hearing shall be scheduled in the case of a
19petition affecting a homeless minor, unless, after notice, a
20parent or guardian requests such a hearing. If such a hearing
21is requested, then the homeless minor must be present at the
22hearing. After the granting of partial emancipation to a
23homeless youth, if the youth transitional housing program
24determines that its facility and services are no longer
25appropriate for the minor or that another program is more
26appropriate for the minor, the program shall notify the court

 

 

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1and the court, after a hearing, may modify its order.
2(Source: P.A. 93-105, eff. 7-8-03.)
 
3    (750 ILCS 30/3-2.5 rep.)
4    (750 ILCS 30/3-2.10 rep.)
5    Section 15. The Emancipation of Minors Act is amended by
6repealing Sections 3-2.5 and 3-2.10.