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


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: (Engrossed) 2017-05-19 - Added as Alternate Co-Sponsor Sen. Iris Y. Martinez [HB3212 Detail]

Download: Illinois-2017-HB3212-Engrossed.html



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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 Juvenile
15 Court Act of 1987 and the agency was unable to achieve
16 either family reunification or an alternate living
17 arrangement;
18 (B) the Department has not filed a petition
19 alleging that the homeless minor is abused or neglected
20 and the minor does not require placement in a
21 residential facility, as defined by 89 Ill. Adm. Code
22 301.20;
23 (C) the youth transitional housing program or
24 comprehensive community based youth services agency
25 has made reasonable efforts and documented its
26 attempts to notify the homeless minor's parent or

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

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1this Section provided by a licensed youth transitional housing
2program that has the ability to serve the homeless minor. This
3Section is not intended to interfere with the integrity of the
4family or the rights of parents and their children. This
5Section does not limit or exclude any means by which a minor
6may become emancipated.
7(Source: P.A. 93-105, eff. 7-8-03; 93-798, eff. 1-1-05.)
8 Section 10. The Emancipation of Minors Act is amended by
9changing Sections 2, 4, 5, 7, and 9 as follows:
10 (750 ILCS 30/2) (from Ch. 40, par. 2202)
11 Sec. 2. Purpose and policy. The purpose of this Act is to
12provide a means by which a mature minor who has demonstrated
13the ability and capacity to manage his own affairs and to live
14wholly or partially independent of his parents or guardian, may
15obtain the legal status of an emancipated person with power to
16enter into valid legal contracts. This Act is also intended (i)
17to provide a means by which a homeless minor who is seeking
18assistance may have the authority to consent, independent of
19his or her parents or guardian, to receive shelter, housing,
20and services provided by a licensed agency that has the ability
21and willingness to serve the homeless minor and (ii) to do so
22without requiring the delay or difficulty of first holding a
23hearing.
24 This Act is not intended to interfere with the integrity of

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1the family or the rights of parents and their children. No
2order of complete or partial emancipation may be entered under
3this Act if there is any objection by the minor, his parents or
4guardian. No petition may be filed for the partial emancipation
5of a homeless minor unless appropriate attempts have been made
6to reunify the homeless minor with his or her family through
7the services of a Comprehensive Community Based Youth Services
8Agency. This Act does not limit or exclude any other means
9either in statute or case law by which a minor may become
10emancipated.
11 (g) Beginning January 1, 2019, and annually thereafter
12through January 1, 2024, the Department of Human Services shall
13submit annual reports to the General Assembly regarding
14homeless minors older than 16 years of age but less than 18
15years of age referred to a youth transitional housing program
16for whom parental consent to enter the program is not obtained.
17The report shall include the following information:
18 (1) the number of homeless minors referred to youth
19 transitional housing programs;
20 (2) the number of homeless minors who were referred but
21 a licensed youth transitional housing program was not able
22 to provide housing and services, and what subsequent steps,
23 if any, were taken to ensure that the homeless minors were
24 referred to an appropriate and available alternative
25 placement;
26 (3) the number of homeless minors who were referred but

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1 determined to be ineligible for a youth transitional
2 housing program and the reason why the homeless minors were
3 determined to be ineligible, and what subsequent steps, if
4 any, were taken to ensure that the homeless minors were
5 referred to an appropriate and available alternative
6 placement; and
7 (4) the number of homeless minors who voluntarily left
8 the program and who were dismissed from the program while
9 they were under the age of 18, and what subsequent steps,
10 if any, were taken to ensure that the homeless minors were
11 referred to an appropriate and available alternative
12 placement.
13(Source: P.A. 93-105, eff. 7-8-03.)
14 (750 ILCS 30/4) (from Ch. 40, par. 2204)
15 Sec. 4. Jurisdiction. The circuit court in the county where
16the minor resides, is found, owns property, or in which a court
17action affecting the interests of the minor is pending, may,
18upon the filing of a petition on behalf of the minor by his
19next friend, parent or guardian and after any hearing or notice
20to all persons as set forth in Sections 7, 8, and 9 of this Act,
21enter a finding that the minor is a mature minor or a homeless
22minor as defined in this Act and order complete or partial
23emancipation of the minor. The court in its order for partial
24emancipation may specifically limit the rights and
25responsibilities of the minor seeking emancipation. In the case

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

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

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

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1homeless youth, if the youth transitional housing program
2determines that its facility and services are no longer
3appropriate for the minor or that another program is more
4appropriate for the minor, the program shall notify the court
5and the court, after a hearing, may modify its order.
6(Source: P.A. 93-105, eff. 7-8-03.)
7 (750 ILCS 30/3-2.5 rep.)
8 (750 ILCS 30/3-2.10 rep.)
9 Section 15. The Emancipation of Minors Act is amended by
10repealing Sections 3-2.5 and 3-2.10.
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