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Public Act 098-0477
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| HB3147 Enrolled | LRB098 09051 RLC 39187 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by |
changing Section 2-34 as follows:
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(705 ILCS 405/2-34) |
(Section scheduled to be repealed on August 21, 2013) |
Sec. 2-34. Motion to reinstate parental rights. |
(1) For purposes of this subsection (1), the term "parent" |
refers to the person or persons whose rights were terminated as |
described in paragraph (a) of this subsection; and the term |
"minor" means a person under the age of 21 years subject to |
this Act for whom the Department of Children and Family |
Services Guardianship Administrator is appointed the temporary |
custodian or guardian. |
A motion to reinstate parental rights may be filed only by |
the Department of Children and Family Services or the minor |
regarding any minor who is presently a ward of the court under |
Article II of this Act when all the conditions set out in |
paragraphs (a), (b), (c), (d), (e), (f), and (g) of this |
subsection (1) are met: |
(a) while the minor was under the jurisdiction of the |
court under Article II of this Act, the minor's parent or |
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parents surrendered the minor for adoption to an agency |
legally authorized to place children for adoption, or the |
minor's parent or parents consented to his or her adoption, |
or the minor's parent or parents consented to his or her |
adoption by a specified person or persons, or the parent or |
parents' rights were terminated pursuant to a finding of |
unfitness pursuant to Section 2-29 of this Act and a |
guardian was appointed with the power to consent to |
adoption pursuant to Section 2-29 of this Act; and |
(b) (i) since the signing of the surrender, the signing |
of the consent, or the unfitness finding, the minor has |
remained a ward of the Court under Article II of this Act; |
or |
(ii) the minor was made a ward of the Court, the minor |
was placed in the private guardianship of an individual or |
individuals, and after the appointment of a private |
guardian and a new petition alleging abuse, neglect, or |
dependency pursuant to Section 2-3 or 2-4 is filed, and the |
minor is again found by the court to be abused, neglected |
or dependent; or a supplemental petition to reinstate |
wardship is filed pursuant to Section 2-33, and the court |
reinstates wardship; or |
(iii) the minor was made a ward of the Court, wardship |
was terminated after the minor was adopted, after the |
adoption a new petition alleging abuse, neglect, or |
dependency pursuant to Section 2-3 or 2-4 is filed, and the |
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minor is again found by the court to be abused, neglected, |
or dependent, and either (i) the adoptive parent or parents |
are deceased, (ii) the adoptive parent or parents signed a |
surrender of parental rights, or (iii) the parental rights |
of the adoptive parent or parents were terminated; |
(c) the minor is not currently in a placement likely to |
achieve permanency; |
(d) it is in the minor's best interest that parental |
rights be reinstated; |
(e) the parent named in the motion wishes parental |
rights to be reinstated and is currently appropriate to |
have rights reinstated; |
(f) more than 3 years have lapsed since the signing of |
the consent or surrender, or the entry of the order |
appointing a guardian with the power to consent to |
adoption; |
(g) (i) the child is 13 years of age or older or (ii) |
the child is the younger sibling of such child, 13 years of |
age or older, for whom reinstatement of parental rights is |
being sought and the younger sibling independently meets |
the criteria set forth in paragraphs (a) through (h) of |
this subsection; and |
(h) if the court has previously denied a motion to |
reinstate parental rights filed by the Department, there |
has been a substantial change in circumstances following |
the denial of the earlier motion. |
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(2) The motion may be filed only by the Department of |
Children and Family Services or by the minor. Unless excused by |
the court for good cause shown, the movant shall give notice of |
the time and place of the hearing on the motion, in person or |
by mail, to the parties to the juvenile court proceeding. |
Notice shall be provided at least 14 days in advance of the |
hearing date. The motion shall include the allegations required |
in subsection (1) of this Section. |
(3) Any party may file a motion to dismiss the motion with |
prejudice on the basis that the parent has intentionally acted |
to prevent the child from being adopted, after parental rights |
were terminated or the parent intentionally acted to disrupt |
the child's adoption. If the court finds by a
preponderance of |
the evidence that the parent has intentionally acted to prevent |
the child from being adopted, after parental rights were |
terminated or that the parent intentionally acted
to disrupt |
the child's adoption, the court shall dismiss the petition with |
prejudice. |
(4) The court shall not grant a motion for reinstatement of |
parental rights unless the court finds that the motion is |
supported by clear and convincing evidence. In ruling on a |
motion to reinstate parental rights, the court shall make |
findings consistent with the requirements in subsection (1) of |
this Section. The court shall consider the reasons why the |
child was initially brought to the attention of the court, the |
history of the child's case as it relates to the parent seeking |
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reinstatement, and the current circumstances of the parent for |
whom reinstatement of rights is sought. If reinstatement is |
being considered subsequent to a finding of unfitness pursuant |
to Section 2-29 of this Act having been entered with respect to |
the parent whose rights are being restored, the court in |
determining the minor's best interest shall consider, in |
addition to the factors set forth in paragraph (4.05) of |
Section 1-3 of this Act, the specific grounds upon which the |
unfitness findings were made. Upon the entry of an order |
granting a motion to reinstate parental rights, parental rights |
of the parent named in the order shall be reinstated, any |
previous order appointing a guardian with the power to consent |
to adoption shall be void and with respect to the parent named |
in the order, any consent shall be void. |
(5) If the case is post-disposition, the court, upon the |
entry of an order granting a motion to reinstate parental |
rights, shall schedule the matter for a permanency hearing |
pursuant to Section 2-28 of this Act within 45 days. |
(6) Custody of the minor shall not be restored to the |
parent, except by order of court pursuant to subsection (4) of |
Section 2-28 of this Act. |
(7) In any case involving a child over the age of 13 who |
meets the criteria established in this Section for |
reinstatement of parental rights, the Department of Children |
and Family Services shall conduct an assessment of the child's |
circumstances to assist in future planning for the child, |