Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 410 - LICENSING STANDARDS FOR YOUTH EMERGENCY SHELTERS › Section 410.210 - Notification and Consent of Parent or Legal Guardian

Current through Register Vol. 48, No. 28, July 12, 2024
a) The emergency shelter program shall, for
				all residents under the age of 18 except for emancipated minors, within 24
				hours of the youth's arrival at the shelter, notify the youth's parent or legal
				guardian of the youth's presence in the shelter program and attempt to obtain
				written or oral permission from the parent or legal guardian for the continued
				placement of the youth in the shelter if the parent or guardian is unable or
				unwilling to effect the youth's immediate return home.
b) Notification to a parent or legal guardian
				may be delayed beyond 24 hours when compelling circumstances indicate that the
				parent or legal guardian should not be notified. Examples of compelling
				circumstances include, but are not limited to, real and significant danger of
				physical injury or sexual abuse from a parent or legal guardian.
c) For youth under the age of 18 verification
				of age and consent for continued placement shall be obtained in writing or
				verbally from the parent or legal guardian before the provision of a fifth
				night of shelter within a thirty-day period. Oral permission from a parent or
				guardian witnessed by two persons age 21 or over and documented in writing
				shall be considered as proof of consent for continuing placement for the
				purposes of these licensing requirements.
d) Emergency shelter staff shall make a "good
				faith effort" (telephoning the phone number provided by the youth and checking
				with directory assistance) to contact the parent or legal guardian. Such
				efforts shall be documented in writing by the shelter staff.
e) In all cases where the parent or legal
				guardian refuses to grant permission to the youth to stay in the emergency
				shelter or the parent cannot be reached after a good faith effort to reach the
				parents or legal guardian and the youth refuses to return to the care and
				custody of the parent or legal guardian or to the care and custody of an
				individual or organization chosen by the parents or legal guardian, the
				emergency shelter staff shall ask the local community-based youth service
				agency as defined in 89 Ill. Adm. Code 334 (Administration and Funding of
				Community-Based Services to Youth) to file a petition in juvenile court
				alleging that the youth is a minor requiring authoritative intervention (MRAI)
				to initiate a hearing on the matter within 21 days of the first day of
				acceptance of the youth into the emergency shelter.
f) During the waiting period before the MRAI
				petition can be heard by the court the youth may remain in the emergency
				shelter of his or her own volition with the consent of the shelter
				administrator.
g) With the court's
				permission and the consent of the shelter administrator the youth may remain in
				the emergency shelter during the time it takes for the court to complete the
				proceedings pursuant to any petition filed on behalf of the minor.
h) When the court grants the youth partial or
				complete emancipation that gives the youth the right to place himself of his
				own volition in the emergency shelter, the youth may remain as long as the
				emancipation order granting this right remains in effect and the shelter
				administration consents.