Illinois General Assembly - Bill Status for SB1430

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.

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.

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