Full Text of HB3415 94th General Assembly
HB3415 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3415
Introduced 2/22/2005, by Rep. Roger L. Eddy 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. Prohibits the court from appointing a person who is currently listed or required to be listed on the sex offender database as the legal guardian of a minor. Effective immediately.
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A BILL FOR
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HB3415 |
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LRB094 09228 LCB 39462 b |
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| AN ACT concerning minors.
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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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HB3415 |
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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 whom the court has determined had | 32 |
| caused or substantially contributed to
the minor becoming a | 33 |
| neglected or abused minor as defined in the Juvenile Court
Act | 34 |
| of 1987 unless 2 years have elapsed since the last proven | 35 |
| incident of abuse
or neglect and the court determines that | 36 |
| appointment of such person as guardian
is in the best interests |
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| of the minor.
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| (d-5) The court shall not appoint as guardian of the person | 3 |
| of the minor any person currently listed or required to be | 4 |
| listed on the sex offender database.
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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 upon | 17 |
| becoming law.
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