|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning civil law.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Adoption Act is amended by adding Section | ||||||
5 | 14.5 as follows: | ||||||
6 | (750 ILCS 50/14.5 new) | ||||||
7 | Sec. 14.5. Petition to adopt by former parent. | ||||||
8 | (a) For purposes of this Section, the term "former parent" | ||||||
9 | means a person whose rights were terminated as described in | ||||||
10 | paragraph (1) or (2). A petition to adopt by a former parent | ||||||
11 | may be filed regarding any minor who was a ward of the court | ||||||
12 | under Article II of the Juvenile Court Act of 1987 when: | ||||||
13 | (1) while the minor was under the jurisdiction of the | ||||||
14 | court under Article II of the Juvenile Court Act of 1987, | ||||||
15 | the minor's former parent or former parents surrendered the | ||||||
16 | minor for adoption to an agency legally authorized to place | ||||||
17 | children for adoption, or the minor's former parent or | ||||||
18 | former parents consented to the minor's adoption, or the | ||||||
19 | former parent's or former parents' rights were terminated | ||||||
20 | pursuant to a finding of unfitness pursuant to Section 2-29 | ||||||
21 | of the Juvenile Court Act of 1987 and a guardian was | ||||||
22 | appointed with the power to consent to adoption pursuant to | ||||||
23 | Section 2-29 of the Juvenile Court Act of 1987; or |
| |||||||
| |||||||
1 | (2) following the appointment of a guardian with the | ||||||
2 | right to consent to the adoption of the minor pursuant to | ||||||
3 | Section 2-29 of the Juvenile Court Act of 1987, the former | ||||||
4 | parent's or former parents' rights were terminated | ||||||
5 | pursuant to a finding of unfitness pursuant to Section 13. | ||||||
6 | A.(d); and | ||||||
7 | (3) (i) since the signing of the surrender or consent, | ||||||
8 | or the unfitness finding, the minor remained a ward of the | ||||||
9 | court and was subsequently adopted by an individual or | ||||||
10 | individuals who, at the time of the adoption, were | ||||||
11 | biologically related to the minor as defined in subsection | ||||||
12 | B of Section 50 and
(ii) either the adoptive parent has | ||||||
13 | died (or both adoptive parents have died in the case of 2 | ||||||
14 | adoptive parents) and no standby guardian or standby | ||||||
15 | adoptive parent has been appointed for the minor, and no | ||||||
16 | guardian has been appointed by the adoptive parent for the | ||||||
17 | minor through a will; or due to a mental or physical | ||||||
18 | impairment
the adoptive parent is no longer able to provide | ||||||
19 | care for the minor and the adoptive parent has consented in | ||||||
20 | open court, or by such means as is approved by the court, | ||||||
21 | to the adoption of the minor by the petitioner; and | ||||||
22 | (4) the former parent named in the petition wishes to | ||||||
23 | adopt the minor and meets the criteria established in this | ||||||
24 | Section to adopt; and | ||||||
25 | (5) it is in the best interests of the minor to have | ||||||
26 | the petitioner adopt and have parental rights reinstated. |
| |||||||
| |||||||
1 | (b) The petition may be filed by any party or by the former | ||||||
2 | parent now seeking to adopt the minor. | ||||||
3 | (c) Where a former parent seeks to have a court order for | ||||||
4 | adoption, the following procedures shall apply: | ||||||
5 | (1) In addition to the requirements set out in this Act | ||||||
6 | in Section 5, a petition by a former parent to adopt filed | ||||||
7 | by a former parent shall include the following allegations: | ||||||
8 | (A) that his or her parental rights were previously | ||||||
9 | terminated pursuant to Section 2-29 of the Juvenile | ||||||
10 | Court Act of 1987; | ||||||
11 | (B) the basis upon which his or her parental rights | ||||||
12 | were terminated; | ||||||
13 | (C) that the petitioner is able and willing to | ||||||
14 | resume care, custody, and control of the minor; | ||||||
15 | (D) that the adoptive parent of the minor is | ||||||
16 | deceased and no standby guardian or standby adoptive | ||||||
17 | parent has been appointed for the minor, and no | ||||||
18 | guardian has been appointed by the adoptive parent for | ||||||
19 | the minor through a will; or, the adoptive parent is no | ||||||
20 | longer able to provide care for the minor due to a | ||||||
21 | mental or physical impairment and has consented to the | ||||||
22 | petitioner's adoption of the minor in open court or by | ||||||
23 | such means as is approved by the court; and | ||||||
24 | (E) that it is in the best interests of the minor | ||||||
25 | to be adopted by the petitioner and for the | ||||||
26 | petitioner's parental rights to be reinstated. |
| |||||||
| |||||||
1 | (2) A former parent shall not have standing to file a | ||||||
2 | petition for adoption, where the minor is the subject of a | ||||||
3 | pending petition filed under Article II of the Juvenile | ||||||
4 | Court Act of 1987. If the minor named in the petition for | ||||||
5 | adoption is not the subject of a pending petition filed | ||||||
6 | under Article II of the Juvenile Court Act of 1987, a | ||||||
7 | former parent shall have standing to file a petition for | ||||||
8 | adoption only if: the adoptive parent is deceased and no | ||||||
9 | standby guardian or standby adoptive parent has been | ||||||
10 | appointed for the minor, and no guardian has been appointed | ||||||
11 | by the adoptive parent for the minor through a will; or, | ||||||
12 | the adoptive parent is no longer able to provide care for | ||||||
13 | the minor due to a mental or physical impairment and has | ||||||
14 | consented to such adoption in open court or by such means | ||||||
15 | as is approved by the court. | ||||||
16 | (d) Interim order. Following presentment of a petition for | ||||||
17 | adoption by a former parent concerning a child who was | ||||||
18 | previously named in a petition filed under Article II of the | ||||||
19 | Juvenile Court Act of 1987 the following procedures and | ||||||
20 | safeguards shall be employed, in addition to the applicable | ||||||
21 | requirements set out in this Act, and shall be included in the | ||||||
22 | written interim order for the adoption by a former parent: | ||||||
23 | (1) In determining the minor's best interests pursuant | ||||||
24 | to Section 2-29 of the Juvenile Court Act of 1987 and this | ||||||
25 | Act, the Court shall consider, in addition to the factors | ||||||
26 | set forth in subsection 4.05 of Section 1-3 of the Juvenile |
| |||||||
| |||||||
1 | Court Act of 1987, the reasons why the case was initially | ||||||
2 | brought to the attention of the juvenile court and adoption | ||||||
3 | proceedings were instituted, the history of the case as it | ||||||
4 | relates to the former parent seeking adoption, and the | ||||||
5 | current circumstances of the former parent for whom | ||||||
6 | adoption is sought. | ||||||
7 | (2) In any case involving a child who meets these | ||||||
8 | criteria for adoption by a former parent, the Department of | ||||||
9 | Children and Family Services shall be appointed as the | ||||||
10 | investigator as outlined in Section 6 to conduct an | ||||||
11 | investigation and report to the court (i) the facts and | ||||||
12 | circumstances which raised concerns as to the petitioner's | ||||||
13 | ability and willingness to provide adequate care and | ||||||
14 | protection to children in his or her custody, (ii) an | ||||||
15 | assessment of the petitioner's current ability and | ||||||
16 | willingness to provide adequate care and protection for the | ||||||
17 | child named in the petition, and (iii) any information | ||||||
18 | which might reasonably raise a concern as to the child's | ||||||
19 | safety, well being, or best interests should the court | ||||||
20 | grant the petition to adopt by the former parent. | ||||||
21 | (3) In selecting the minor's guardian ad litem, | ||||||
22 | pursuant to subsection (B) of Section 13, whenever | ||||||
23 | practical, the court shall give preference to the guardian | ||||||
24 | ad litem who represented the minor in the juvenile court | ||||||
25 | proceeding. The guardian ad litem shall have the right to | ||||||
26 | review and copy all records, including juvenile court |
| |||||||
| |||||||
1 | records relating to the petitioner, the minor, and the | ||||||
2 | minor's siblings and half siblings. | ||||||
3 | (4) The report of the investigator and the guardian ad | ||||||
4 | litem shall be presented in writing to the court and shall | ||||||
5 | serve as a basis for the order of court upon the petition | ||||||
6 | for adoption by a former parent. | ||||||
7 | (e) Order of adoption. | ||||||
8 | (1) If it is proved to the satisfaction of the court, | ||||||
9 | after such investigation as the court deems necessary, an | ||||||
10 | order of adoption shall be entered. | ||||||
11 | (2) An order of adoption shall be final as to all | ||||||
12 | findings and shall be entered in writing. | ||||||
13 | (3) Upon the entry of an order granting a petition to | ||||||
14 | adopt by a former parent, all parental rights of the former | ||||||
15 | parent named in the order shall be reinstated and the | ||||||
16 | physical care, custody and control of the minor shall be | ||||||
17 | reinstated to the former parent. | ||||||
18 | (4) The order of adoption shall include an order to the | ||||||
19 | Illinois Department of Public Health to issue a new birth | ||||||
20 | certificate for the person who is the subject of the | ||||||
21 | petition for adoption by a former parent.
| ||||||
22 | Section 99. Effective date. This Act takes effect July 1, | ||||||
23 | 2009.
|