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| Public Act 101-0135 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Emancipation of Minors Act is amended by | ||||
changing Sections 2 and 9 as follows:
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(750 ILCS 30/2) (from Ch. 40, par. 2202)
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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.
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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.
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(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.)
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(750 ILCS 30/9) (from Ch. 40, par. 2209)
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Sec. 9. Hearing on petition.
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(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,
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and their rights and responsibilities if an order of | ||
emancipation should be
entered.
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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
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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.
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(b) (Blank).
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(Source: P.A. 100-162, eff. 1-1-18.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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