SB 61

Under this bill, a minor is presumed to be competent to contract for admission

to a shelter facility or transitional living program if the minor is 17 years of age; a

local educational agency liaison designated under the federal McKinney–Vento

Homeless Assistance Act confirms that the minor is an unaccompanied youth as

defined under that act; and the minor is not under the supervision of a county

department of social or human services, a licensed child welfare agency, the

Department of Children and Families, or the Department of Corrections under the

Children's Code or the Juvenile Justice Code or under the jurisdiction of the court

assigned to exercise jurisdiction under the Children's Code and the Juvenile Justice

Code. Under the bill, a shelter facility is a temporary place of lodging for homeless

individuals or families. Under the McKinney–Vento Homeless Assistance Act, an

unaccompanied youth is a homeless child or youth not in the physical custody of a

parent or guardian. The bill exempts this type of contract with a minor from the

defense of infancy, which under current law is a defense to liability under a contract

that is available to minors.