Ill. Admin. Code tit. 89, § 410.210 - Notification and Consent of Parent or Legal Guardian

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.

Notes

Ill. Admin. Code tit. 89, § 410.210