Full Text of HB5071 93rd General Assembly
HB5071 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5071
Introduced 02/05/04, by Maria Antonia Berrios, Susana Mendoza, Paul D. Froehlich SYNOPSIS AS INTRODUCED: |
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755 ILCS 5/11-5 |
from Ch. 110 1/2, par. 11-5 |
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Amends the Probate Act of 1975. Provides that the court shall not appoint as guardian of the person of the minor any person who has been the subject of an indicated report under Section 3 of the Abused and Neglected Child Reporting Act that has been confirmed by the Department of Children and Family Services. Effective January 1, 2005.
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A BILL FOR
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HB5071 |
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LRB093 20158 LCB 45903 b |
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| AN ACT concerning estates.
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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 Probate Act of 1975 is amended by changing | 5 |
| Section 11-5 as follows:
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| (755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
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| Sec. 11-5. Appointment of guardian.
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| (a) Upon the filing of a petition for the appointment of a | 9 |
| guardian or on
its own motion, the court may appoint a guardian | 10 |
| of the estate or of both the
person and estate, of a minor, or | 11 |
| may appoint a guardian of the person only of
a minor or minors, | 12 |
| as the court finds to be in the best interest of the minor
or | 13 |
| minors.
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| (a-1) A parent, adoptive parent or adjudicated parent, | 15 |
| whose parental rights
have not been terminated, may designate | 16 |
| in any writing, including a will, a
person qualified to act | 17 |
| under Section 11-3 to be appointed as guardian of
the person or | 18 |
| estate, or both, of an unmarried minor or of a child likely to | 19 |
| be
born. A parent, adoptive parent or adjudicated parent, whose | 20 |
| parental rights
have not been terminated, or a guardian or a | 21 |
| standby guardian of an unmarried
minor or of a child likely to | 22 |
| be born may designate in any writing, including a
will, a | 23 |
| person qualified to act under Section 11-3 to be appointed as | 24 |
| successor
guardian of the minor's person or estate, or both. | 25 |
| The designation must be
witnessed by 2 or more credible | 26 |
| witnesses at least 18 years of age, neither of
whom is the | 27 |
| person designated as the guardian. The designation may be | 28 |
| proved
by any competent evidence. If the designation is | 29 |
| executed and attested in the
same manner as a will, it shall | 30 |
| have prima facie validity. The designation of a
guardian or | 31 |
| successor guardian does not affect the rights of the other | 32 |
| parent
in the minor.
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HB5071 |
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LRB093 20158 LCB 45903 b |
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| (b) The court lacks jurisdiction to proceed on a petition | 2 |
| for the
appointment of a guardian of a minor if (i) the minor | 3 |
| has a living parent,
adoptive parent or adjudicated parent, | 4 |
| whose parental rights have not been
terminated, whose | 5 |
| whereabouts are known, and who is willing and able to make
and | 6 |
| carry out day-to-day child care decisions concerning the minor, | 7 |
| unless the
parent or parents consent to the appointment or, | 8 |
| after receiving notice of the
hearing under Section 11-10.1, | 9 |
| fail to object to the appointment at the
hearing on the | 10 |
| petition or (ii) there is a guardian for the minor appointed by
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| a court of competent jurisdiction. There shall be a rebuttable | 12 |
| presumption
that a parent of a minor is willing and able to | 13 |
| make and carry out
day-to-day child care decisions concerning | 14 |
| the minor, but the presumption may
be rebutted by a | 15 |
| preponderance of the evidence.
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| (b-1) If the court finds the appointment of a guardian of | 17 |
| the minor to be
in the best interest of the minor, and if a | 18 |
| standby guardian has previously
been appointed for the minor | 19 |
| under Section 11-5.3, the court shall appoint the
standby | 20 |
| guardian as the guardian of the person or estate, or both, of | 21 |
| the minor
unless the court finds, upon good cause shown, that | 22 |
| the appointment would no
longer be in the best interest of the | 23 |
| minor.
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| (c) If the minor is 14 years of age or more, the minor may | 25 |
| nominate the
guardian of the minor's person and estate, subject | 26 |
| to approval of the court. If
the minor's nominee is not | 27 |
| approved by the court or if, after notice to the minor, the | 28 |
| minor fails to nominate a
guardian of the minor's person or | 29 |
| estate, the court may appoint the guardian
without nomination.
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| (d) The court shall not appoint as guardian of the person | 31 |
| of the minor any
person (i) who has been the subject of an | 32 |
| indicated report under Section 3 of the Abused and Neglected | 33 |
| Child Reporting Act that has been confirmed by the Department | 34 |
| of Children and Family Services, or (ii) whom the court has | 35 |
| determined had caused or substantially contributed to
the minor | 36 |
| becoming a neglected or abused minor as defined in the Juvenile |
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LRB093 20158 LCB 45903 b |
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| Court
Act of 1987 unless 2 years have elapsed since the last | 2 |
| proven incident of abuse
or neglect and the court determines | 3 |
| that appointment of such person as guardian
is in the best | 4 |
| interests of the minor.
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| (e) Previous statements made by the minor relating to any | 6 |
| allegations
that the minor is an abused or neglected child | 7 |
| within the meaning of the
Abused and Neglected Child Reporting | 8 |
| Act, or an abused or neglected minor
within the meaning of the | 9 |
| Juvenile Court Act of 1987, shall be admissible
in evidence in | 10 |
| a hearing concerning appointment of a guardian of the person
or | 11 |
| estate of the minor. No such statement, however, if | 12 |
| uncorroborated and
not subject to cross-examination, shall be | 13 |
| sufficient in itself to support
a finding of abuse or neglect.
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| (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97; | 15 |
| 90-796, eff. 12-15-98.)
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| Section 99. Effective date. This Act takes effect January | 17 |
| 1, 2005.
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