Bill Status of HB 5369   96th General Assembly

Short Description:  CHILD CUSTODY-KINSHIP CUSTODY

House Sponsors
Rep. Eddie Washington

Last Action  View All Actions

DateChamber Action
  1/11/2011HouseSession Sine Die

Statutes Amended In Order of Appearance
750 ILCS 5/601from Ch. 40, par. 601
750 ILCS 5/606from Ch. 40, par. 606
755 ILCS 5/11-8from Ch. 110 1/2, par. 11-8
755 ILCS 5/11-10.1from Ch. 110 1/2, par. 11-10.1

Synopsis As Introduced
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a child custody proceeding may be commenced by a person who provides "kinship care", by filing a petition that alleges that it is in the best interest of the child to live with him or her, if the person is the "de facto custodian" of the child. Provides that "de facto custodian" means the person who has been the primary caregiver for, and financial supporter of, a child who has resided with the person: for a period of 6 months or more, if the child is under 3 years of age; or for a period of one year or more, if the child is 3 years of age or older. Provides that "kinship care" means the care, nurturing, and protection of a child by a relative, grandparent, godparent, stepparent, or any adult who has physical custody and a kinship bond with a child. Provides that any notice of hearing in the proceeding shall be served by personal service or sent by certified or registered mail to all persons who have appeared of record in the proceeding. Amends the Probate Act of 1975. Provides that unless excused by the court for good cause shown, a petition for guardianship of a minor and a notice of hearing on the petition shall be given by personal service or by certified or registered mail to the minor, the minor's relatives, and the person having custody of the minor (instead of giving notice of the hearing on the petition, in person or by mail, to the minor and to the minor's relatives). Provides that the requirement that a copy of the petition and notice be served on or delivered to the person having custody of the minor is jurisdictional, but failure to provide copies to any relative is not jurisdictional (instead of providing that the failure to provide copies to any relative is not jurisdictional). Provides that a notice of hearing in a proceeding concerning guardianship of a minor shall be sent by certified or registered mail, return receipt requested, to all persons who have appeared of record in the proceeding.

Actions 
DateChamber Action
  2/4/2010HouseFiled with the Clerk by Rep. Eddie Washington
  2/5/2010HouseFirst Reading
  2/5/2010HouseReferred to Rules Committee
  3/8/2010HouseAssigned to Judiciary I - Civil Law Committee
  3/9/2010HouseMoved to Suspend Rule 25 Rep. Barbara Flynn Currie
  3/9/2010HouseSuspend Rule 25 - Prevailed
  3/10/2010HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 012-000-000
  3/10/2010HousePlaced on Calendar 2nd Reading - Short Debate
  3/25/2010HouseSecond Reading - Short Debate
  3/25/2010HouseHeld on Calendar Order of Second Reading - Short Debate
  3/26/2010HouseRule 19(a) / Re-referred to Rules Committee
  1/11/2011HouseSession Sine Die

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