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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4675
Introduced 1/12/2006, by Rep. Constance A. Howard SYNOPSIS AS INTRODUCED: |
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750 ILCS 50/13 |
from Ch. 40, par. 1516 |
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Amends the Adoption Act. Provides that an interim order of custody may be entered for up to 30 days (now, 10 days) if a sworn petition establishes (now, states) there is an immediate danger to the child and that irreparable harm will result if notice is given to the parent or guardian. Provides a description of irreparable harm that includes the inability of a petitioner to obtain medical insurance for the child or the absence of a temporary legal custodian for the child.
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A BILL FOR
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HB4675 |
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LRB094 16332 AJO 51583 b |
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| AN ACT concerning adoption.
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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 Adoption Act is amended by changing Section |
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| 13 as follows:
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| (750 ILCS 50/13) (from Ch. 40, par. 1516)
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| Sec. 13. Interim order. As soon as practicable after the |
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| filing of a
petition for adoption the court shall hold a |
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| hearing for the following
purposes:
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| A. In other than an adoption of a related child or an |
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| adoption through
an agency, or of an adult:
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| (a) To determine the validity of the consent, provided |
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| that the
execution of a consent pursuant to this Act shall |
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| be prima facie evidence
of its validity, and provided that |
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| the validity of a consent shall not be
affected by the |
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| omission therefrom of the names of the petitioners or
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| adopting parents at the time the consent is executed or |
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| acknowledged, and
further provided that the execution of a |
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| consent prior to the filing of a
petition for adoption |
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| shall not affect its validity.
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| (b) To determine whether there is available suitable |
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| temporary custodial
care for a child sought to be adopted.
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| B. In all cases except standby adoptions:
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| (a) The court shall appoint some licensed attorney |
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| other than the State's
attorney acting in his or her |
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| official capacity as guardian ad
litem to represent a child |
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| sought to be adopted. Such guardian ad litem
shall have |
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| power to consent to the adoption of the child, if such |
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| consent
is required.
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| (b) The court shall appoint a guardian ad litem for all |
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| named minors or
defendants who are persons under legal |
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| disability, if any.
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HB4675 |
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LRB094 16332 AJO 51583 b |
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| (c) If the petition alleges a person to be unfit |
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| pursuant to the
provisions of subparagraph (p) of paragraph |
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| D of Section 1 of this Act,
such person shall be |
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| represented by counsel. If such person is indigent
or an |
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| appearance has not been entered on his behalf at the time |
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| the matter
is set for hearing, the court shall appoint as |
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| counsel for him either the
Guardianship and Advocacy |
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| Commission, the public defender, or, only if no
attorney |
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| from the Guardianship and Advocacy Commission or the public |
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| defender
is available, an attorney licensed to practice law |
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| in this State.
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| (d) If it is proved to the satisfaction of the court, |
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| after such
investigation as the court deems necessary, that |
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| termination of parental
rights and temporary commitment of |
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| the child to an agency or to a person
deemed competent by |
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| the court, including petitioners, will be for the
welfare |
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| of the child, the court may order the child to be so |
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| committed and
may terminate the parental rights of the |
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| parents and declare the child a
ward of the court or, if it |
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| is not so proved, the court may enter such
other order as |
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| it shall deem necessary and advisable.
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| (e) Before an interim custody order is granted under |
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| this
Section,
service of
summons shall be had upon the |
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| parent or parents whose rights have not been
terminated, |
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| except as provided in subsection (f). Reasonable notice and
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| opportunity to be heard shall be given to
the
parent or |
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| parents after service of summons when the address of the |
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| parent or
parents is available. The party seeking an |
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| interim custody order shall make
all reasonable efforts to |
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| locate the parent or parents of the child or children
they |
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| are seeking to adopt and to notify the parent or parents of |
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| the party's
request for an interim custody order pursuant |
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| to this Section.
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| (f) An interim custody order may be granted without |
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| notice upon
presentation to the court of a written |
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| petition, accompanied by an affidavit,
establishing
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HB4675 |
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LRB094 16332 AJO 51583 b |
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| stating that
there is an immediate danger to the child and |
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| that irreparable harm will result
to the child if notice is |
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| given to the parent or parents or legal guardian.
Upon |
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| making a finding that there is an immediate danger to the |
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| child if
service of process is had upon and notice of |
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| hearing is given to the parent or
parents or
legal guardian |
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| prior to the entry of an order granting temporary custody |
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| to
someone other than a parent or legal guardian, the court |
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| may enter an order of
temporary custody which shall expire |
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| not more than 30
10 days after its entry.
Every ex parte |
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| custody order granted without notice shall state the harm
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| injury
which the court sought to avoid by granting the |
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| order, the irreparable harm
injury
that would have occurred |
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| had notice been given, and the reason the order was
granted |
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| without notice.
Irreparable harm pursuant to this |
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| subsection (f) shall include, but is not limited to, the |
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| inability of a petitioner to obtain dependent medical |
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| insurance coverage for the child or the absence of a |
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| temporary legal custodian for the child. The matter shall |
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| be set down for full hearing before the expiration of the |
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| ex
parte order and will be heard after service of summons |
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| is had upon and notice
of hearing is given to the parent or |
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| parents or legal guardian.
At the hearing the burden of |
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| proof shall be upon the party seeking to extend
the interim |
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| custody order to show that the order was properly granted |
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| without
notice and that custody should remain with the |
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| party seeking to adopt during
the pendency of the adoption |
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| proceeding. If the interim custody order is
extended, the |
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| reasons for granting the extension shall be stated in the
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| order.
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| C. In the case of a child born outside the United States or |
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| a
territory thereof, if the petitioners have previously been |
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| appointed
guardians of such child by a court of competent |
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| jurisdiction in a country
other than the United States or a |
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| territory thereof, the court may order
that the petitioners |
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| continue as guardians of such child.
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HB4675 |
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LRB094 16332 AJO 51583 b |
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| D. In standby adoption cases:
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| (a) The court shall appoint a licensed attorney other |
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| than the State's
Attorney
acting in his or her official |
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| capacity as guardian ad litem to represent a
child sought |
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| to be
adopted. The guardian ad litem shall have power to |
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| consent to the adoption of
the child,
if consent is |
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| required.
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| (b) The court shall appoint a guardian ad litem for all |
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| named minors or
defendants
who are persons under legal |
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| disability, if any.
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| (c) The court lacks jurisdiction to proceed on the |
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| petition for standby
adoption if the child has a living |
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| parent, adoptive parent, or adjudicated
parent whose |
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| rights have not been terminated and whose whereabouts are |
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| known,
unless the parent consents to the standby adoption |
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| or, after
receiving notice of the hearing on the standby |
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| adoption petition, fails to
object to the appointment of a |
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| standby adoptive parent at the
hearing on the petition.
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| (d) The court shall investigate as needed for the |
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| welfare of the child and
shall
determine whether the |
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| petitioner or petitioners shall be permitted to adopt.
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| (Source: P.A. 90-14, eff. 7-1-97; 90-349, eff. 1-1-98; 91-572, |
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| eff.
1-1-00.)
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