Illinois General Assembly - Bill Status for SB1430
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 Bill Status of SB1430  102nd General Assembly


Short Description:  PROBATE-GUARDIANSHP TERMINATE

Senate Sponsors
Sen. Dale A. Righter and Kirk W. Dillard

House Sponsors
(Rep. Roger L. Eddy - Joseph M. Lyons)

Last Action
DateChamber Action
  1/12/2011SenateSession Sine Die

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


Synopsis As Introduced
Amends the Probate Act of 1975. Provides that the court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor if the minor has a living fit parent (instead of living parent), adoptive parent or adjudicated 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. Provides that with regard to a parental right to custody, fitness of the parent shall be determined as of the time of the filing of the petition to establish the guardianship. Provides that in determining fitness, the court may consider those grounds set forth in the Adoption Act as grounds for unfitness. Provides that if a parent is found to be unfit, as of the date of filing a petition, he or she shall not automatically be entitled to custody or to terminate a guardianship, even upon the removal of the disability, but shall be required to satisfy the provisions of the Act. Provides that other than a guardianship terminating because the minor reaches the age of majority, a guardianship shall not be terminated by a court unless the court finds, based upon clear and convincing evidence, that there has been a material change in circumstances since the guardianship was created and that termination is in the minor's best interest considering: the integration of the minor into the guardian's family; the effect that removal of the minor from the guardian's care would have on the minor; the minor's relationship with the proposed care giver or parent; the relative economic abilities and physical and emotional abilities of the parties to provide for the minor's needs; and the minor's environment with the guardian compared to the proposed environment.

Senate Floor Amendment No. 1
Further amends the Probate Act of 1975. Provides that the fitness of the parent shall be determined, by a preponderance of the evidence, at the time of filing the petition to establish the guardianship (instead of fitness of the parent shall be determined as of the time of filing the petition to establish the guardianship and that in determining fitness, the court may consider the grounds in the Adoption Act as grounds for unfitness). Provides that if a parent is found to be unfit, unwilling, or unable to care for a child, he or she shall not be entitled to custody and shall satisfy the provisions of the Act before terminating the guardianship and regaining custody (instead of if a parent is found to be unfit, as of the date of filing a petition, he or she shall not automatically be entitled to custody or to terminate a guardianship, even upon the removal of the disability, but shall be required to satisfy the provisions of the Act). Provides that other than as provided in the Act, when a parent has been found unfit, unwilling, or unable to care for a child, (instead of other than as provided in the Act) a guardianship of a minor shall not be terminated by a court, unless, upon clear and convincing evidence, the court finds that there has been a material change in circumstances since the order considering, but not limited to (instead of but limited to), designated factors concerning the minor's integration into the guardian's family; the effect of the removal on the minor from the guardian's family; the minor's relationship to the proposed new care giver; the economic, physical, and emotional abilities of the parties to provide for the minor; and the minor's environment before and after the proposed guardianship termination.

Actions 
DateChamber Action
  2/18/2009SenateFiled with Secretary by Sen. Dale A. Righter
  2/18/2009SenateFirst Reading
  2/18/2009SenateReferred to Assignments
  2/25/2009SenateAssigned to Judiciary
  3/5/2009SenateDo Pass Judiciary; 009-000-000
  3/5/2009SenatePlaced on Calendar Order of 2nd Reading March 6, 2009
  3/5/2009SenateAdded as Co-Sponsor Sen. Kirk W. Dillard
  3/24/2009SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Dale A. Righter
  3/24/2009SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/24/2009SenateSecond Reading
  3/24/2009SenatePlaced on Calendar Order of 3rd Reading March 25, 2009
  3/25/2009SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  3/31/2009SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 007-000-000
  4/2/2009SenateRecalled to Second Reading
  4/2/2009SenateSenate Floor Amendment No. 1 Adopted; Righter
  4/2/2009SenatePlaced on Calendar Order of 3rd Reading
  4/2/2009SenateThird Reading - Passed; 057-000-000
  4/3/2009HouseArrived in House
  4/3/2009HousePlaced on Calendar Order of First Reading
  4/3/2009HouseChief House Sponsor Rep. Joseph M. Lyons
  4/6/2009HouseFirst Reading
  4/6/2009HouseReferred to Rules Committee
  4/20/2009HouseAssigned to Judiciary I - Civil Law Committee
  4/21/2009HouseAlternate Chief Sponsor Changed to Rep. Roger L. Eddy
  4/22/2009HouseAdded Alternate Chief Co-Sponsor Rep. Joseph M. Lyons
  5/6/2009HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 009-005-001
  5/6/2009HousePlaced on Calendar 2nd Reading - Short Debate
  5/19/2009HouseSecond Reading - Short Debate
  5/19/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  5/22/2009HouseFinal Action Deadline Extended-9(b) May 29, 2009
  5/29/2009HouseFinal Action Deadline Extended-9(b) May 31, 2009
  5/31/2009HouseRule 19(a) / Re-referred to Rules Committee
  1/12/2011SenateSession Sine Die

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