Bill Status of SB 3386   96th General Assembly

Short Description:  PROBATE-GUARDIAN-PARENT RIGHTS

Senate Sponsors
Sen. A. J. Wilhelmi and Dale A. Righter

House Sponsors
(Rep. Careen M. Gordon)


Last Action  View All Actions

DateChamber Action
  7/27/2010SenatePublic Act . . . . . . . . . 96-1338

Statutes Amended In Order of Appearance
755 ILCS 5/11-5from Ch. 110 1/2, par. 11-5
755 ILCS 5/11-14.1from Ch. 110 1/2, par. 11-14.1
755 ILCS 5/11-7 rep.

Synopsis As Introduced
Amends the Probate Act of 1975. In provisions setting forth circumstances under which the court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor, adds language permitting a petition if the parent or parents voluntarily relinquished physical custody of the minor, revises language permitting a petition if the parent or parents consent to the appointment, and makes other changes. Provides that upon the filing of a petition by a minor's living, adoptive, or adjudicated parent whose parental rights have not been terminated, the court shall discharge the guardian and terminate the guardianship if the parent establishes, by a preponderance of the evidence, that a material change in the circumstances of the minor or the parent has occurred since the guardian's appointment unless the guardian establishes, by clear and convincing evidence, that termination of the guardianship would not be in the best interests of the minor. Sets forth factors to be considered by the court in determining the minor's best interests. Repeals provisions concerning the parental right to custody.

House Committee Amendment No. 1
Restructures the circumstances set forth in the introduced bill under which a court has jurisdiction to proceed on a petition for the appointment of a guardian of a minor despite the fact that the minor has a living parent whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions concerning the minor by: removing the existence of a guardian as one of those circumstances set forth in the introduced bill; restoring the existing law providing that a court does not have jurisdiction to proceed on a petition for the appointment of a guardian of a minor if there is a guardian for the minor appointed by a court of competent jurisdiction; and making other changes.

Actions 
DateChamber Action
  2/10/2010SenateFiled with Secretary by Sen. A. J. Wilhelmi
  2/10/2010SenateFirst Reading
  2/10/2010SenateReferred to Assignments
  2/24/2010SenateAssigned to Judiciary
  3/3/2010SenateDo Pass Judiciary; 008-000-000
  3/3/2010SenatePlaced on Calendar Order of 2nd Reading March 4, 2010
  3/11/2010SenateSecond Reading
  3/11/2010SenatePlaced on Calendar Order of 3rd Reading March 12, 2010
  3/15/2010SenateThird Reading - Passed; 046-000-000
  3/15/2010HouseArrived in House
  3/15/2010HouseChief House Sponsor Rep. Careen M. Gordon
  3/15/2010HousePlaced on Calendar Order of First Reading
  3/16/2010HouseFirst Reading
  3/16/2010HouseReferred to Rules Committee
  4/8/2010HouseAssigned to Judiciary I - Civil Law Committee
  4/21/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  4/21/2010HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  4/21/2010HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 017-000-000
  4/21/2010HousePlaced on Calendar 2nd Reading - Short Debate
  4/22/2010HouseSecond Reading - Short Debate
  4/22/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/23/2010HouseThird Reading - Short Debate - Passed 108-000-000
  4/27/2010SenateSecretary's Desk - Concurrence House Amendment(s) 1
  4/27/2010SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - April 28, 2010
  5/3/2010SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. A. J. Wilhelmi
  5/3/2010SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/3/2010SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
  5/4/2010SenateAdded as Co-Sponsor Sen. Dale A. Righter
  5/4/2010SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000
  5/4/2010SenateHouse Committee Amendment No. 1 Senate Concurs 055-000-000
  5/4/2010SenatePassed Both Houses
  6/2/2010SenateSent to the Governor
  7/27/2010SenateGovernor Approved
  7/27/2010SenateEffective Date January 1, 2011
  7/27/2010SenatePublic Act . . . . . . . . . 96-1338

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