Bill Text: IL HB3212 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 35-1)

Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0162 [HB3212 Detail]

Download: Illinois-2017-HB3212-Chaptered.html



Public Act 100-0162
HB3212 EnrolledLRB100 08595 HEP 18728 b
AN ACT concerning children.
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 changing Section 4b as follows:
(20 ILCS 505/4b)
Sec. 4b. Youth transitional housing programs.
(a) The Department may license youth transitional housing
programs. For the purposes of this Section, "youth transitional
housing program" means a program that provides shelter or
housing and services to eligible homeless minors. Services
provided by the youth transitional housing program may include
a service assessment, individualized case management, and life
skills training 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.
(b) A homeless minor is eligible if:
(1) he or she is at least 16 years of age but less than
18 years of age;
(2) the homeless minor lacks a regular, fixed, and
adequate place to live;
(3) the homeless minor is living apart from his or her
parent or guardian;
(4) the homeless minor desires to participate in a
licensed youth transitional housing program;
(5) a licensed youth transitional housing program is
able to provide housing and services;
(6) the licensed youth transitional housing program
has determined the homeless minor is eligible for the youth
transitional housing program; and
(7) either the homeless minor's parent has consented to
the transitional housing program or the minor has consented
after:
(A) a comprehensive community based youth service
agency has provided crisis intervention services to
the homeless minor under Section 3-5 of the Juvenile
Court Act of 1987 and the agency was unable to achieve
either family reunification or an alternate living
arrangement;
(B) the Department has not filed a petition
alleging that the homeless minor is abused or neglected
and the minor does not require placement in a
residential facility, as defined by 89 Ill. Adm. Code
301.20;
(C) the youth transitional housing program or
comprehensive community based youth services agency
has made reasonable efforts and documented its
attempts to notify the homeless minor's parent or
guardian of the homeless minor's intent to enter the
youth transitional housing program.
(d) If an eligible 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 under subdivision
(b)(7)(A) of this Section to assist in finding an alternative
placement for the minor. If the eligible homeless minor leaves
the program before beginning services with the comprehensive
community based youth service provider, then the youth
transitional housing program shall notify the local law
enforcement authorities and make reasonable efforts to notify
the minor's parent or guardian that the minor has left the
program.
(e) Nothing in this Section 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. 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.
(f) The purpose of this Section is to provide a means by
which an eligible homeless minor may have the authority to
consent, independent of his or her parents or guardian, to
receive housing and services as described in subsection (a) of
this Section provided by a licensed youth transitional housing
program that has the ability to serve the homeless minor. This
Section is not intended to interfere with the integrity of the
family or the rights of parents and their children. This
Section does not limit or exclude any means by which a minor
may become emancipated.
(Source: P.A. 93-105, eff. 7-8-03; 93-798, eff. 1-1-05.)
Section 10. The Emancipation of Minors Act is amended by
changing Sections 2, 4, 5, 7, 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 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.
(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. 93-105, eff. 7-8-03.)
(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 hearing or notice
to all persons as set forth in Sections 7, 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. 93-105, eff. 7-8-03.)
(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. 93-105, eff. 7-8-03.)
(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. 93-105, eff. 7-8-03.)
(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) (Blank). 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. 93-105, eff. 7-8-03.)
(750 ILCS 30/3-2.5 rep.)
(750 ILCS 30/3-2.10 rep.)
Section 15. The Emancipation of Minors Act is amended by
repealing Sections 3-2.5 and 3-2.10.
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