HB4055 96TH GENERAL ASSEMBLY

LRB096 09934 AJO 22482 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4055

Introduced 2/27/2009, by Rep. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

750 ILCS 50/14.5 new

Amends the Adoption Act. Provides that a former parent whose parental rights have been terminated pursuant to a surrender of the minor for adoption, a consent to the minor's adoption, or a finding of unfitness of the parent may petition for those rights to be reinstated if the adoptive parent dies or is incapable of caring for the child due to a physical or mental impairment and consents to the reinstatement of parental rights. Provides that, before granting a petition for reinstatement, the court must consider the petitioner's current abilities, the best interests of the minor and the basis for the termination of parental rights. Contains other provisions. Effective July 1, 2009.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Adoption Act is amended by adding Section 14.5 as follows:

(750 ILCS 50/14.5 new)

Sec. 14.5. Supplemental petition to reinstate parental rights.

(a) For purposes of this Section, the term "former parent" means a person whose rights were terminated as described in paragraph (1) or (2). A petition to reinstate parental rights may be filed regarding any minor who was a ward of the court under Article II of the Juvenile Court Act of 1987 when:

(1) while the minor was under the jurisdiction of the court under Article II of the Juvenile Court Act of 1987, the minor's former parent or former parents surrendered the minor for adoption to an agency legally authorized to place children for adoption, or the minor's former parent or former parents consented to the minor's adoption, or the former parent's or former parents' rights were terminated pursuant to a finding of unfitness pursuant to Section 2-29 of the Juvenile Court Act of 1987 and a guardian was appointed with the power to consent to adoption pursuant to Section 2-29 of the Juvenile Court Act of 1987; or

(2) following the appointment of a guardian with the right to consent to the adoption of the minor pursuant to Section 2-29 of the Juvenile Court Act of 1987, the former parent's or former parents' rights were terminated pursuant to a finding of unfitness pursuant to Section 13. A.(d); and

(3) (i) since the signing of the surrender or consent, or the unfitness finding, the minor remained a ward of the court and was subsequently adopted by an individual or individuals and (ii) either the adoptive parent has died; or due to a mental or physical impairment the adoptive parent is no longer able to provide care for the minor and the adoptive parent or his or her representative have indicated a willingness to consent in open court or by such means as is approved by the court to the reinstatement of parental rights of the petitioner; and

(4) the former parent named in the supplemental petition wishes to have his or her parental rights reinstated and meets the criteria established in this Section to have those parental rights reinstated; and

(5) it is in the best interests of the minor to have the petitioner's parental rights reinstated.

(b) The supplemental petition may be filed by any party or by the individual seeking reinstatement of parental rights.

(c) Where a former parent seeks to have a court order the reinstatement of his or her parental rights, the following procedures shall apply:

(1) In addition to the requirements set out in this Act in Section 5, a petition for reinstatement of parental rights filed by a former parent shall include the following allegations:

(A) that his or her parental rights were previously terminated pursuant to Section 2-29 of the Juvenile Court Act of 1987;

(B) the basis upon which his or her parental rights were been terminated;

(C) that the petitioner is able and willing to resume care, custody, and control of the minor;

(D) that the adoptive parent of the minor is deceased; or the adoptive parent is no longer able to provide care for the minor due to a mental or physical impairment and is in agreement with the petitioner's request for a court order reinstating parental rights; and

(E) that it is in the best interests of the minor to reinstate the petitioner's parental rights.

(2) A former parent shall not have standing to file a petition for reinstatement of parental rights, where the minor is the subject of a pending petition filed under Article II of the Juvenile Court Act of 1987. If the minor named in the petition for reinstatement of parental rights is not the subject of a pending petition filed under Article II of the Juvenile Court Act of 1987, a former parent shall have standing to file a petition for reinstatement of parental rights only if: the adoptive parent is deceased; or the adoptive parent is no longer able to provide care for the minor due to a mental or physical impairment and has indicated his or her willingness to consent to such reinstatement.

(d) Interim order. Following presentment of a petition for reinstatement of parental rights concerning a child who was previously named in a petition filed under Article II of the Juvenile Court Act of 1987 the following procedures and safeguards shall be employed, in addition to the applicable requirements set out in this Act, and shall be included in the written interim order for the reinstatement of parental rights:

(1) In determining the minor's best interest pursuant to Section 2-29 of the Juvenile Court Act of 1987 and this Act, the Court shall consider, in addition to the factors set forth in subsection 4.05 of Section 1-3 of the Juvenile Court Act of 1987, the reasons why the case was initially brought to the attention of the juvenile court and adoption proceedings were instituted, the history of the case as it relates to the former parent seeking reinstatement, and the current circumstances of the former parent for whom reinstatement of rights is sought.

(2) In any case involving a child who meets these criteria for reinstatement of parental rights, the Department of Children and Family Services shall be appointed as the investigator as outlined in Section 6 to conduct an investigation and report to the court (i) the facts and circumstances which raised concerns as to the petitioner's ability and willingness to provide adequate care and protection to children in his or her custody, (ii) an assessment of the petitioner's current ability and willingness to provide adequate care and protection for the child named in the petition, and (iii) any information which might reasonably raise a concern as to the child's safety, well being, or best interests should the court grant the petition to reinstate parental rights.

(3) In selecting the minor's guardian ad litem, pursuant to subsection (B) of Section 13, whenever practical, the court shall give preference to the guardian ad litem who represented the minor in the juvenile court proceeding. The guardian ad litem shall have the right to review and copy all records, including juvenile court records relating to the petitioner, the minor, and the minor's siblings and half siblings.

(4) The report of the investigator and the guardian ad litem shall be presented in writing to the court and shall serve as a basis for the order of court upon the petition for reinstatement of parental rights.

(e) Order of reinstatement of parental rights.

(1) If it is proved to the satisfaction of the court, after such investigation as the court deems necessary, an order of reinstatement of parental rights shall be entered.

(2) An order of reinstatement of parental rights shall be final as to all findings and shall be entered in writing.

(3) Upon the entry of an order granting a supplemental petition to reinstate parental rights, all parental rights of the former parent named in the order shall be reinstated and the physical care, custody and control of the minor shall be reinstated to the former parent.

(4) The order of reinstatement of parental rights shall include an order to the Illinois Department of Public Health to issue a new birth certificate for the person who is the subject of the petition for reinstatement of parental rights.

Section 99. Effective date. This Act takes effect July 1, 2009.