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REFERENCE TITLE: minors; consent; housing; shelter services |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SB 1357 |
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Introduced by Senators Hobbs: Bradley, Brophy McGee, Cajero Bedford, Contreras, Dalessandro, Farley, Mendez, Miranda, Peshlakai, Quezada; Representatives Andrade, Powers Hannley
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AN ACT
amending title 44, chapter 1, article 3, Arizona Revised Statutes, by adding section 44‑135; relating to capacity to contract.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 1, article 3, Arizona Revised Statutes, is amended by adding section 44-135, to read:
44-135. Capacity of minor to access housing and shelter services; definition
A. Notwithstanding any other law, a homeless minor may consent to receive housing or to be admitted to a shelter and receive shelter services. The consent is not subject to disaffirmance because of minority. The consent of the homeless minor's parent or legal guardian is not necessary to authorize housing or shelter services.
B. A shelter, housing or other service provider acting in reliance on a minor's consent pursuant to subsection A of this section is not subject to criminal and civil liability and professional disciplinary action for failing to obtain the consent of the minor's parent or legal guardian.
C. For the purposes of this section, "homeless minor" means an individual who is under eighteen years of age, who lives apart from the individual's parent or legal guardian and who lacks a fixed and regular nighttime residence and includes all of the following:
1. Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship or other similar reasons, who are living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations, who are living in emergency or transitional shelters or who are abandoned in hospitals.
2. Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings.
3. Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations or similar settings.
4. Migratory children, as defined in 20 United States Code section 6399, who qualify as homeless for the purposes of this section because the children are living in circumstances described in paragraph 1, 2 or 3 of this subsection.