House Sponsors: FLOWERS-DAVIS,MONIQUE-SCOTT-O'BRIEN-DART, SHARP AND HOWARD. Senate Sponsors: SHAW Short description: PARENTAL RTS TERMINATION-JURY Synopsis of Bill as introduced: Amends the Juvenile Court Act of 1987 and the Adoption Act. Provides that all contested proceedings in which the termination of a parent's parental rights is sought shall be tried by a jury. Provides that no jury demand is required and the right to a trial by jury may not be waived. FISCAL NOTE (Administrative Office of the Illinois Courts) HB 3935 would require jury trials for contested cases involving termination of parental rights. The use of juries in these cases would result in increased expense for jurors fees and increased demands on court resources. A dollar estimate of the impact of HB 3935 is not possible, because the number of cases that would be affected is unknown. HOUSE AMENDMENT NO. 1. Adds reference to: 705 ILCS 405/2-21 from Ch. 37, par. 802-21 705 ILCS 405/2-27 from Ch. 37, par. 802-27 705 ILCS 405/2-29 from Ch. 37, par. 802-29 705 ILCS 405/3-30 from Ch. 37, par. 803-30 705 ILCS 405/4-27 from Ch. 37, par. 804-27 750 ILCS 50/8 from Ch. 40, par. 1510 Replaces amendatory language in the original bill with language providing that, notwithstanding any other provision of law, all contested proceedings in which the termination of a parent's parental rights is sought may be tried by a jury and that, in all such proceedings, a jury demand is required and the right to a trial by jury may be waived. Adds language providing that, notwithstanding any other provision of law, in all contested proceedings in which the termination of a parent's parental rights is sought, the petitioner has the burden of proving the allegations in the petition beyond a reasonable doubt. Amends various provisions concerning the burden of proof in parental unfitness matters to conform to the new language. JUDICIAL NOTE (Administrative Office of the Illinois Courts) There may be an increase in judicial workloads. However, it is not possible to determine what impact the bill will have on the number of judges needed in the State. STATE MANDATES NOTE, H-AM 1 (Dept. of Commerce and Community Affairs) HB3935 (H-am 1) does not create a State mandate. HOME RULE NOTE, H-AM 1 (Dept. of Commerce and Community Affairs) HB3935 (H-am 1) pertains to contested cases involving terimina- tion of parental rights. Among other items, the legislation states that such proceedings may be tried by a jury. HB 3935 (H-am 1) concerns the judicial branch of State government. Therefore, in the opinion of DCCA, HB 3935 (H-am 1) does not pre-empt home rule authority. JUDICIAL NOTE, H-AM 2 (Administrative Office of Ill. Courts) Although there may be a minimal increase in judicial workloads, there would be no increase in the number of judges needed in the State. JUDICIAL NOTE, H-AM 3 (Administrative Office of Ill. Courts) Same as previous judicial note. HOUSE AMENDMENT NO. 3. Deletes reference to: 705 ILCS 405/1-5 705 ILCS 405/2-21 705 ILCS 405/2-27 705 ILCS 405/2-29 705 ILCS 405/3-30 705 ILCS 405/4-27 750 ILCS 50/8 750 ILCS 50/20 Adds reference to: 20 ILCS 505/35.7 new 705 ILCS 405/2-28 from Ch. 37, par. 802-28 750 ILCS 50/1 from Ch. 40, par. 1501 Deletes everything. Amends the Children and Family Services Act. Provides that the Department of Children and Family Services shall establish a pilot Citizen Review Panel in Cook County. Provides that a parent within the pilot area who has participated in and has raised concerns at the Administrative Case Review process which resulted in a goal change from return home to substitute care pending a legal decision may request a review by the Citizen Review Panel. Contains provisions regarding review scheduling, standards, and recommendations and other matters. Amends the Juvenile Court Act of 1987. Empowers the court to order that a service plan include specific placements or services. Amends the Adoption Act. Provides that the ground of parental unfitness based on a child having been in foster care for 15 months out of any 22 month period unless the child's parent can prove by a preponderance of the evidence that it is more likely than not that it will be in the best interests of the child to be returned to the parent within 6 months of the date on which a petition for termination of parental rights is filed under the Juvenile Court Act of 1987 may not be used as the sole ground for unfitness and that the ground may be used only in conjunction with another ground for unfitness. Effective immediately. FISCAL NOTE, AMENDED (Dept. of Children and Family Services) The Department estimates this legislation would have a fiscal impact of $3.2 million in FY 2001, funds not included in the Department's FY 2001 appropriation request. These costs would increase in following years as it is anticipated that the average length of stay in residential care will increase. FISCAL NOTE, H-AM 2 (Administrative Office of Ill. Courts) There would be no fiscal impact on the Judicial Branch. FISCAL NOTE, H-AM 3 (Administrative Office of Ill. Courts) Same as previous fiscal note. STATE MANDATES NOTE, H-AM 3 (Dept. of Commerce and Community Affairs) Same as State mandates note, H-am 1. HOME RULE NOTE, H-AM 3 (Dept. of Commerce and Community Affairs) The legislation does not contain language indicating a pre- emption of home rule powers and functions. Therefore, the bill does not pre-empt home rule authority. Last action on Bill: SESSION SINE DIE Last action date: 01-01-09 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 0 END OF INQUIRY Full Text Bill Status