Rep. Sara Feigenholtz
Filed: 3/30/2009
 
 

 




 

 		












09600HB4055ham001

LRB096 09934 AJO 24738 a






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AMENDMENT TO HOUSE BILL 4055




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    AMENDMENT NO. ______. Amend House Bill 4055 on page 1, by 
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replacing lines 7 and 8 with the following:
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    "Sec. 14.5.  Petition to adopt by former parent."; and



 
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on page 1, line 11, by replacing "reinstate parental rights" 
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with "adopt by a former parent"; and




 
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on page 2, line 11, after "individuals" by inserting the 
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following:
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"who, at the time of the adoption, were biologically related to 
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the minor as defined in subsection B of Section 50"; and




 
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on page 2, line 11, after "died", by inserting the following:
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"(or both adoptive parents have died in the case of 2 adoptive 
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parents) and no standby guardian or standby adoptive parent has 
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been appointed for the minor, and no guardian has been 
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appointed by the adoptive parent for the minor through a will"; 
 


 






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and




 
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on page 2, by replacing lines 14 through 26 with the following:
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"the adoptive parent has consented in open court, or by such 
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means as is approved by the court, to the adoption of the minor 
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by the petitioner; and
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        (4) the former parent named in the petition wishes to 
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    adopt the minor and meets the criteria established in this 
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    Section to adopt; and
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        (5) it is in the best interests of the minor to have 
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    the petitioner adopt and have parental rights reinstated.
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    (b) The petition may be filed by any party or by the former 
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parent now seeking to adopt the minor.
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    (c) Where a former parent seeks to have a court order for 
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adoption, the following procedures shall apply:"; and




 
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on page 3, by replacing lines 1 through 6 with the following:


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        "(1) In addition to the requirements set out in this 
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    Act in Section 5, a petition by a former parent to adopt 
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    filed by a former parent shall include the following 
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    allegations:"; and




 
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on page 3, by replacing lines 14 through 21 with the following:




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            "(D) that the adoptive parent of the minor is 
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        deceased and no standby guardian or standby adoptive 
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        parent has been appointed for the minor, and no 
 


 






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        guardian has been appointed by the adoptive parent for 
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        the minor through a will; or, the adoptive parent is no 
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        longer able to provide care for the minor due to a 
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        mental or physical impairment and has consented to the 
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        petitioner's adoption of the minor in open court or by 
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        such means as is approved by the court; and
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            (E) that it is in the best interests of the minor 
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        to be adopted by the petitioner and for the 
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        petitioner's parental rights to be reinstated."; and




 
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on page 3, lines 23 and 26, by replacing "reinstatement of 
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parental rights" each time it appears with "adoption"; and




 
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on page 4, line 4, by replacing "reinstatement of parental 
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rights" with "adoption"; and




 
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on page 4, by replacing lines 5 through 8 with the following:




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"parent is deceased and no standby guardian or standby adoptive 
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parent has been appointed for the minor, and no guardian has 
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been appointed by the adoptive parent for the minor through a 
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will; or, the adoptive parent is no longer able to provide care 
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for the minor due to a mental or physical impairment and has 
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consented to such adoption in open court or by such means as is 
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approved by the court."; and




 
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on page 4, lines 10 and 15, by replacing "reinstatement of 
 


 






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parental rights" each time it appears with "adoption by a 
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former parent"; and




 
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on page 4, line 23, by replacing "reinstatement" with 
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"adoption"; and




 
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on page 4, line 25, by replacing "reinstatement of rights" with 
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"adoption"; and




 
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on page 5, line 1, by replacing "reinstatement of parental 
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rights" with "adoption by a former parent"; and




 
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on page 5, line 13, by replacing "reinstate parental rights" 
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with "to adopt by the

 former parent"; and




 
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on page 5, line 25, by replacing "reinstatement of parental 
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rights" with "adoption by a former parent"; and




 
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on page 5, line 26, by replacing "reinstatement of parental 
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rights" with "adoption"; and




 
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on page 6, lines 3 and 4, by replacing "reinstatement of 
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parental rights" each time it appears with "adoption"; and




 
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on page 6, by replacing lines 7 through 9 with the following:



        
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        "(3) Upon the entry of an order granting a petition to 
 


 






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    adopt by a former parent, all parental rights of the former 
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    parent named in the order shall be reinstated"; and




 
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on page 6, line 12, by replacing "reinstatement of parental 
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rights"  with "adoption"; and




 
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on page 6, lines 15 and 16, by replacing "reinstatement of 
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parental rights" with "adoption by a former parent".