Full Text of HB0913 95th General Assembly
HB0913eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning guardianship.
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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 School Code is amended by changing Section | 5 |
| 10-20.12b as follows:
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| (105 ILCS 5/10-20.12b)
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| Sec. 10-20.12b. Residency; payment of tuition; hearing; | 8 |
| criminal penalty.
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| (a) For purposes of this Section:
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| (1) The residence of a person who has legal custody of | 11 |
| a pupil is
deemed to be the residence of the pupil.
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| (2) "Legal custody" means one of the following:
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| (i) Custody exercised by a natural or adoptive | 14 |
| parent with whom the
pupil resides.
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| (ii) Custody granted by order of a court of | 16 |
| competent jurisdiction to a
person with whom the pupil | 17 |
| resides for reasons other than to have access to the
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| educational programs of the district.
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| (iii) Custody exercised under a statutory | 20 |
| short-term guardianship for reasons other than to have | 21 |
| access to the educational programs of the district ,
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| provided that within 365
60 days of the pupil's | 23 |
| enrollment a court order is entered
that establishes a |
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| permanent guardianship and grants custody to a person | 2 |
| with
whom the pupil resides for reasons other than to | 3 |
| have access to the educational
programs of the | 4 |
| district .
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| (iv) Custody exercised by an adult caretaker | 6 |
| relative who is receiving
aid under the Illinois Public | 7 |
| Aid Code for the pupil who resides with that
adult | 8 |
| caretaker relative for purposes other than to have | 9 |
| access to the
educational programs of the district.
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| (v) Custody exercised by an adult who demonstrates | 11 |
| that, in fact, he or
she has assumed and exercises | 12 |
| legal responsibility for the pupil and provides
the | 13 |
| pupil with a regular fixed night-time abode for | 14 |
| purposes other than to have
access to the educational | 15 |
| programs of the district.
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| (a-5) If a pupil's change of residence is due to the | 17 |
| military service obligation of a person who has legal custody | 18 |
| of the pupil, then, upon the written request of the person | 19 |
| having legal custody of the pupil, the residence of the pupil | 20 |
| is deemed for all purposes relating to enrollment (including | 21 |
| tuition, fees, and costs), for the duration of the custodian's | 22 |
| military service obligation, to be the same as the residence of | 23 |
| the pupil immediately before the change of residence caused by | 24 |
| the military service obligation. A school district is not | 25 |
| responsible for providing transportation to or from school for | 26 |
| a pupil whose residence is determined under this subsection |
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| (a-5). School districts shall facilitate re-enrollment when | 2 |
| necessary to comply with this subsection (a-5).
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| (b) Except as otherwise provided under Section 10-22.5a, | 4 |
| only resident
pupils of a school district may attend the | 5 |
| schools of the district without
payment of the tuition required | 6 |
| to be charged under Section 10-20.12a.
However, children for | 7 |
| whom the Guardianship Administrator of the Department of
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| Children and Family Services has been appointed temporary | 9 |
| custodian or guardian
of the person of a child shall not be | 10 |
| charged tuition as a nonresident pupil if
the child was placed | 11 |
| by the Department of Children and Family Services with a
foster | 12 |
| parent or placed in another type of child care facility and the | 13 |
| foster
parent or child care facility is located in a school | 14 |
| district other than
the child's former school district and it | 15 |
| is determined by the Department of
Children and Family Services | 16 |
| to be in the child's
best interest to maintain attendance at | 17 |
| his or her former school district.
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| (c) The provisions of this subsection do not apply in | 19 |
| school districts
having a population of 500,000 or more.
If a | 20 |
| school board in a school district with a population of less | 21 |
| than
500,000 determines that a pupil who is attending school in
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| the district on a tuition free basis is a nonresident of the | 23 |
| district for whom
tuition is required to be charged under | 24 |
| Section 10-20.12a, the board shall
notify the person who | 25 |
| enrolled the pupil of the amount of the tuition
charged under | 26 |
| Section 10-20.12a that is due to the district for the |
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| nonresident
pupil's attendance in the district's schools. The | 2 |
| notice shall be given by
certified mail, return receipt | 3 |
| requested. Within 10 days after receipt of the
notice, the | 4 |
| person who enrolled the pupil may request a hearing to
review | 5 |
| the determination of the school board. The request shall be | 6 |
| sent by
certified mail, return receipt requested, to the | 7 |
| district superintendent.
Within 10 days after receipt of the | 8 |
| request, the board shall notify, by
certified mail, return | 9 |
| receipt requested, the person requesting the hearing of
the | 10 |
| time and place of the hearing, which shall be held not less | 11 |
| than 10 nor
more than 20 days after the
notice of hearing is | 12 |
| given. The board or a hearing officer designated by the
board | 13 |
| shall conduct the hearing. The board and the person who | 14 |
| enrolled
the pupil may be represented at the hearing by | 15 |
| representatives of their
choice. At the hearing, the person who | 16 |
| enrolled the pupil shall have the
burden of going forward with | 17 |
| the evidence concerning the pupil's residency. If
the hearing | 18 |
| is conducted by a hearing officer, the hearing officer,
within | 19 |
| 5 days after the conclusion of the hearing, shall send a | 20 |
| written report
of his or her findings by certified mail, return | 21 |
| receipt requested, to the
school board and to the person who | 22 |
| enrolled the pupil.
The person who enrolled the pupil may, | 23 |
| within 5 days
after receiving the findings, file written | 24 |
| objections to the findings with the
school board by sending the | 25 |
| objections by certified mail, return receipt
requested, | 26 |
| addressed to the district superintendent.
Whether the hearing |
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| is conducted by the school board or a hearing officer, the
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| school board shall, within 15 days after the conclusion of the | 3 |
| hearing, decide
whether or not the pupil is a resident of the | 4 |
| district and the amount of any
tuition required to be charged | 5 |
| under Section 10-20.12a as a result of the
pupil's attendance | 6 |
| in the schools of the district. The school board shall send
a | 7 |
| copy of its decision to the person who enrolled the
pupil, and | 8 |
| the decision of the school board shall be final.
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| (c-5) The provisions of this subsection apply only in | 10 |
| school districts
having a population of 500,000 or more. If the | 11 |
| board of education of a school
district with a population of | 12 |
| 500,000 or more determines that a pupil who is
attending school | 13 |
| in the district on a tuition free basis is a nonresident of
the | 14 |
| district for whom tuition is required to be charged under | 15 |
| Section
10-20.12a, the board shall notify the person who | 16 |
| enrolled the pupil of the
amount of the tuition charged under | 17 |
| Section 10-20.12a that is due to the
district for the | 18 |
| nonresident pupil's attendance in the district's schools. The
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| notice shall be given by certified mail, return receipt | 20 |
| requested. Within 10
days after receipt of the notice, the | 21 |
| person who enrolled the pupil may request
a hearing to review | 22 |
| the determination of the school board. The request shall
be | 23 |
| sent by certified mail, return receipt requested, to the | 24 |
| district
superintendent. Within 30 days after receipt of the
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| request, the board shall notify, by certified mail, return | 26 |
| receipt requested,
the person requesting the hearing of the |
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| time and place of the hearing, which
shall be held not less | 2 |
| than 10 nor more than 30 days after the notice of
hearing is | 3 |
| given. The board or a hearing officer designated by the board | 4 |
| shall
conduct the hearing. The board and the person who | 5 |
| enrolled the pupil may each
be represented at the hearing by a | 6 |
| representative of their choice. At the
hearing, the person who | 7 |
| enrolled the pupil shall have the burden of going
forward with | 8 |
| the evidence concerning the pupil's residency. If the hearing | 9 |
| is
conducted by a hearing officer, the hearing officer, within | 10 |
| 20 days after the
conclusion of the hearing, shall serve a | 11 |
| written report of his or her findings
by personal service or by | 12 |
| certified mail, return receipt requested, to the
school board | 13 |
| and to the person who enrolled the pupil. The person who | 14 |
| enrolled
the pupil may, within 10 days after receiving the | 15 |
| findings, file written
objections to the findings with the | 16 |
| board of education by sending the
objections by certified mail, | 17 |
| return receipt requested, addressed to the
general | 18 |
| superintendent of schools. If the hearing is conducted by the | 19 |
| board of
education, the board shall, within 45 days after the
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| conclusion of the hearing, decide whether or not the pupil is a | 21 |
| resident of the
district and the amount of any tuition required | 22 |
| to be charged under Section
10-20.12a as a result of the | 23 |
| pupil's attendance in the schools of the district.
If the | 24 |
| hearing is conducted by a hearing officer, the board of | 25 |
| education
shall, within 45 days after the receipt of the | 26 |
| hearing officer's findings,
decide whether or not the pupil is |
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| a resident of the district and the amount of
any tuition | 2 |
| required to be charged under Section 10-20.12a as a result of | 3 |
| the
pupil's attendance in the schools of the district. The | 4 |
| board of education
shall send, by certified mail, return | 5 |
| receipt requested, a copy of its decision
to the person who | 6 |
| enrolled the pupil, and the decision of the board shall be
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| final.
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| (d) If a hearing is requested under subsection (c) or (c-5) | 9 |
| to review
the determination of the school board or board of | 10 |
| education that a nonresident pupil is attending the schools of | 11 |
| the
district without payment of the tuition required to be | 12 |
| charged under Section
10-20.12a, the pupil may, at the request | 13 |
| of a person who enrolled
the pupil, continue attendance at the | 14 |
| schools of the district pending a final
decision of the board | 15 |
| following the hearing. However, attendance of
that pupil in the | 16 |
| schools of the district as authorized by this subsection (d)
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| shall not relieve any person who enrolled the pupil of the | 18 |
| obligation to pay
the tuition
charged for that attendance under | 19 |
| Section 10-20.12a if the final decision of
the board is that | 20 |
| the pupil is a nonresident of the district.
If a pupil is | 21 |
| determined to be a nonresident of the district for whom tuition
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| is required to be charged pursuant to this Section, the board | 23 |
| shall
refuse to permit the pupil to continue attending the | 24 |
| schools of the district
unless the required tuition is paid for | 25 |
| the pupil.
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| (e) Except for a pupil referred to in subsection (b) of |
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| Section 10-22.5a, a
pupil referred to in Section 10-20.12a, or | 2 |
| a pupil referred to in subsection
(b) of this Section, a person | 3 |
| who knowingly enrolls or
attempts to enroll in the schools of a | 4 |
| school district on a tuition free basis
a pupil known by that | 5 |
| person to be a nonresident of the district shall be
guilty of a | 6 |
| Class C misdemeanor.
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| (f) A person who knowingly or wilfully presents to any | 8 |
| school district any
false information regarding the residency | 9 |
| of a pupil for the purpose of
enabling that pupil to attend any | 10 |
| school in that district without the payment
of a nonresident | 11 |
| tuition charge shall be guilty of a Class C misdemeanor.
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| (g) The provisions of this Section are subject to the | 13 |
| provisions of the
Education for Homeless Children Act. Nothing | 14 |
| in this Section shall be
construed to apply to or require the | 15 |
| payment of tuition by a parent or guardian
of a "homeless | 16 |
| child" (as that term is defined in Section 1-5 of the Education
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| for Homeless Children Act) in connection with or as a result of | 18 |
| the homeless
child's continued education or enrollment in a | 19 |
| school that is chosen in
accordance with any of the options | 20 |
| provided in Section 1-10 of that Act.
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| (Source: P.A. 94-309, eff. 7-25-05.)
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| Section 10. The Probate Act of 1975 is amended by changing | 23 |
| Sections 11-5.4 and 11-13.2 as follows:
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| (755 ILCS 5/11-5.4)
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| Sec. 11-5.4. Short-term guardian.
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| (a) A parent, adoptive parent, or adjudicated parent whose | 3 |
| parental
rights
have not been terminated,
or the guardian of | 4 |
| the person of a minor
may appoint in writing, without court | 5 |
| approval, a
short-term guardian of an unmarried minor or a | 6 |
| child likely to be born. The
written instrument appointing a | 7 |
| short-term guardian shall be dated and shall
identify the | 8 |
| appointing parent
or guardian,
the minor, and the person | 9 |
| appointed to be the
short-term guardian. The written instrument | 10 |
| shall be signed by, or at the
direction of, the appointing | 11 |
| parent in the presence of at least 2 credible
witnesses at | 12 |
| least 18 years of age, neither of whom is the person appointed | 13 |
| as
the short-term guardian. The person appointed as the | 14 |
| short-term guardian shall
also sign the written instrument, but | 15 |
| need not sign at the same time as the
appointing parent.
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| (b) A parent or guardian shall not appoint a short-term | 17 |
| guardian of a
minor if the
minor has another living parent, | 18 |
| adoptive parent or adjudicated parent, whose
parental rights | 19 |
| have not been terminated, whose whereabouts are known, and who
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| is willing and able to make and carry out day-to-day child care | 21 |
| decisions
concerning the minor, unless the nonappointing | 22 |
| parent consents to the
appointment by signing the written | 23 |
| instrument of appointment.
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| (c) The appointment of the short-term guardian is effective | 25 |
| immediately upon
the date the written instrument is executed, | 26 |
| unless the written instrument
provides for the appointment to |
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| become effective upon a later specified date or
event. The | 2 |
| short-term guardian shall have authority to act as guardian of | 3 |
| the
minor as provided in Section 11-13.2 for a period of 365
60 | 4 |
| days
from the date the appointment is effective, unless the | 5 |
| written instrument
provides for the appointment to terminate | 6 |
| upon an earlier specified date or
event. Only one written | 7 |
| instrument appointing a short-term guardian may be in
force at | 8 |
| any given time.
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| (d) Every appointment of a short-term guardian may be | 10 |
| amended or revoked by
the appointing parent or by the | 11 |
| appointing guardian of the person of the
minor
at any time and | 12 |
| in any manner communicated to the
short-term guardian or to any | 13 |
| other person. Any person other than the
short-term guardian to | 14 |
| whom a revocation or amendment is communicated or
delivered | 15 |
| shall make all reasonable efforts to inform the short-term | 16 |
| guardian
of that fact as promptly as possible.
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| (e) The appointment of a short-term guardian or successor | 18 |
| short-term
guardian does not affect the rights of the other | 19 |
| parent in the minor.
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| (f) The written instrument appointing a short-term | 21 |
| guardian may, but need
not, be in the following form:
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| APPOINTMENT OF SHORT-TERM GUARDIAN
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| [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
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| By properly completing this form, a parent or the guardian
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| of the person of the child is appointing a guardian of
a child | 2 |
| of the parent
(or a minor ward of the guardian, as the case may | 3 |
| be)
for a period of up to 365
60 days. A separate form should be
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| completed for each child. The person appointed as
the guardian | 5 |
| must sign the form, but need not do so at the same time as the
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| parent or parents or guardian.
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| This form may not be used to appoint a guardian if there is | 8 |
| a guardian
already appointed for the child, except that if
a | 9 |
| guardian of the person of the child has
been appointed, that | 10 |
| guardian may use this form to appoint a
short-term guardian.
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| Both living parents of a child may together
appoint a guardian | 12 |
| of the child, or the
guardian of the person of the child may
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| appoint a guardian of the child,
for a period
of up to 365
60 | 14 |
| days through the use
of this form.
If the short-term guardian | 15 |
| is appointed by both living parents of the
child,
the parents | 16 |
| need not sign the form at the same time.]
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| 1. Parent
(or guardian)
and Child. I, (insert name of | 18 |
| appointing parent
or guardian), currently
residing at | 19 |
| (insert address of appointing parent
or guardian), am a | 20 |
| parent
(or the guardian of the
person)
of
the following
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| child (or of a child likely to be born): (insert name and | 22 |
| date of birth of
child, or insert the words "not yet born" | 23 |
| to appoint a short-term guardian for
a child likely to be | 24 |
| born and the child's expected date of birth).
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| 2. Guardian. I hereby appoint the following person as | 26 |
| the short-term
guardian for the child: (insert name and |
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| address of appointed
person).
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| 3. Effective date. This appointment becomes effective: | 3 |
| (check one if you
wish it to be applicable)
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| ( ) On the date that I state in writing that I am | 5 |
| no longer either
willing or able to make and carry out | 6 |
| day-to-day child care decisions
concerning the child.
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| ( ) On the date that a physician familiar with my | 8 |
| condition certifies
in writing that I am no longer | 9 |
| willing or able to make and carry out day-to-day
child | 10 |
| care decisions concerning the child.
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| ( ) On the date that I am admitted as an in-patient | 12 |
| to a hospital or
other health care institution.
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| ( ) On the following date: (insert date).
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| ( ) Other: (insert other).
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| [NOTE: If this item is not completed, the appointment is | 16 |
| effective
immediately upon the date the form is signed and | 17 |
| dated below.]
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| 4. Termination. This appointment shall terminate 365
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| 60 days after the
effective date, unless it terminates | 20 |
| sooner as determined by the event or date
I have indicated | 21 |
| below: (check one if you wish it to be applicable)
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| ( ) On the date that I state in writing that I am | 23 |
| willing and able to
make and carry out day-to-day child | 24 |
| care decisions concerning the
child.
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| ( ) On the date that a physician familiar with my | 26 |
| condition certifies
in writing that I am willing and |
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| able to make and carry out day-to-day child
care | 2 |
| decisions concerning the child.
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| ( ) On the date that I am discharged from the | 4 |
| hospital or other health
care institution where I was | 5 |
| admitted as an in-patient, which established the
| 6 |
| effective date.
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| ( ) On the date which is (state a number of days, | 8 |
| but no more than 365
60
days) days after the effective | 9 |
| date.
| 10 |
| ( ) Other: (insert other).
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| [NOTE: If this item is not completed, the appointment will be | 12 |
| effective for a
period of 365
60 days, beginning on the | 13 |
| effective date.]
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| 5. Date and signature of appointing parent
or guardian. | 15 |
| This
appointment is made
this (insert day) day of (insert | 16 |
| month and year).
| 17 |
| Signed: (appointing parent)
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| 6. Witnesses. I saw the parent
(or the guardian of the
| 19 |
| person of the child)
sign this instrument or I saw the | 20 |
| parent
(or the guardian of the
person of the child) direct
| 21 |
| someone to sign this instrument for the parent
(or the | 22 |
| guardian). Then I
signed this
instrument as a witness in | 23 |
| the presence of the parent (or the
guardian). I am not | 24 |
| appointed in
this instrument to act as the short-term | 25 |
| guardian for the child.
(Insert space for names, addresses, | 26 |
| and signatures of 2 witnesses)
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| 7. Acceptance of short-term guardian. I accept this | 2 |
| appointment as
short-term guardian on this (insert day) day | 3 |
| of (insert month and year).
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| Signed: (short-term guardian)
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| 8. Consent of child's other parent. I, (insert name of | 6 |
| the child's other
living parent), currently residing at | 7 |
| (insert address of child's other living
parent), hereby | 8 |
| consent to this appointment on this (insert day) day of
| 9 |
| (insert month and year).
| 10 |
| Signed: (consenting parent)
| 11 |
| [NOTE: The signature of a consenting parent is not necessary if | 12 |
| one of the
following applies: (i) the child's other parent has | 13 |
| died; or (ii) the
whereabouts of the child's other parent are | 14 |
| not known; or (iii) the child's
other parent is not willing or | 15 |
| able to make and carry out day-to-day child care
decisions | 16 |
| concerning the child; or (iv) the child's parents were never | 17 |
| married
and no court has issued an order establishing | 18 |
| parentage.]
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| (Source: P.A. 90-796, eff. 12-15-98.)
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| (755 ILCS 5/11-13.2)
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| Sec. 11-13.2. Duties of short-term guardian of a minor.
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| (a) Immediately upon the effective date of the appointment | 23 |
| of a short-term
guardian, the short-term guardian shall assume | 24 |
| all duties as short-term
guardian of the minor as provided in | 25 |
| this Section. The short-term guardian of
the person shall have |
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| authority to act as short-term guardian, without
direction of | 2 |
| court, for the duration of the appointment, which in no case | 3 |
| shall
exceed a period of 365
60 days. The authority of the | 4 |
| short-term guardian may be
limited or terminated by a court of | 5 |
| competent jurisdiction.
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| (b) Unless further specifically limited by the instrument | 7 |
| appointing the
short-term guardian, a short-term guardian | 8 |
| shall have the authority to act as a
guardian of the person of | 9 |
| a minor as prescribed in Section 11-13, but shall not
have any | 10 |
| authority to act as guardian of the estate of a minor, except | 11 |
| that a
short-term guardian shall have the authority to apply | 12 |
| for and receive on behalf
of the minor benefits to which the | 13 |
| child may be entitled from or under federal,
State, or local | 14 |
| organizations or programs.
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| (Source: P.A. 88-529.)
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