Full Text of HB2405 96th General Assembly
HB2405sam002 96TH GENERAL ASSEMBLY
|
Sen. Kwame Raoul
Filed: 4/27/2009
|
|
09600HB2405sam002 |
|
LRB096 04182 AJO 25643 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 2405
| 2 |
| AMENDMENT NO. ______. Amend House Bill 2405 on page 1, | 3 |
| lines 4 and 5, by replacing "Section 10" with "Sections 10 and | 4 |
| 14.5"; and | 5 |
| on page 22, below line 19, by inserting the following:
| 6 |
| "(750 ILCS 50/14.5 new) | 7 |
| Sec. 14.5. Petition to adopt by former parent. | 8 |
| (a) For purposes of this Section, the term "former parent" | 9 |
| means a person whose rights were terminated as described in | 10 |
| paragraph (1) or (2). A petition to adopt by a former parent | 11 |
| may be filed regarding any minor who was a ward of the court | 12 |
| under Article II of the Juvenile Court Act of 1987 when: | 13 |
| (1) while the minor was under the jurisdiction of the | 14 |
| court under Article II of the Juvenile Court Act of 1987, | 15 |
| the minor's former parent or former parents surrendered the | 16 |
| minor for adoption to an agency legally authorized to place |
|
|
|
09600HB2405sam002 |
- 2 - |
LRB096 04182 AJO 25643 a |
|
| 1 |
| children for adoption, or the minor's former parent or | 2 |
| former parents consented to the minor's adoption, or the | 3 |
| former parent's or former parents' rights were terminated | 4 |
| pursuant to a finding of unfitness pursuant to Section 2-29 | 5 |
| of the Juvenile Court Act of 1987 and a guardian was | 6 |
| appointed with the power to consent to adoption pursuant to | 7 |
| Section 2-29 of the Juvenile Court Act of 1987; or | 8 |
| (2) following the appointment of a guardian with the | 9 |
| right to consent to the adoption of the minor pursuant to | 10 |
| Section 2-29 of the Juvenile Court Act of 1987, the former | 11 |
| parent's or former parents' rights were terminated | 12 |
| pursuant to a finding of unfitness pursuant to paragraph | 13 |
| (d) of subsection B of Section 13; and | 14 |
| (3) (i) since the signing of the surrender or consent, | 15 |
| or the unfitness finding, the minor remained a ward of the | 16 |
| court and was subsequently adopted by an individual or | 17 |
| individuals who, at the time of the adoption, were | 18 |
| biologically related to the minor as defined in subsection | 19 |
| B of Section 1 and
(ii) either the adoptive parent has died | 20 |
| (or both adoptive parents have died in the case of 2 | 21 |
| adoptive parents) and no standby guardian or standby | 22 |
| adoptive parent has been appointed for the minor, and no | 23 |
| guardian has been appointed by the adoptive parent for the | 24 |
| minor through a will; or due to a mental or physical | 25 |
| impairment
the adoptive parent is no longer able to provide | 26 |
| care for the minor and the adoptive parent has consented in |
|
|
|
09600HB2405sam002 |
- 3 - |
LRB096 04182 AJO 25643 a |
|
| 1 |
| open court, or by such means as is approved by the court, | 2 |
| to the adoption of the minor by the petitioner; and | 3 |
| (4) the former parent named in the petition wishes to | 4 |
| adopt the minor and meets the criteria established in this | 5 |
| Section to adopt; and | 6 |
| (5) it is in the best interests of the minor to have | 7 |
| the petitioner adopt and have parental rights reinstated. | 8 |
| (b) The petition may be filed by any party or by the former | 9 |
| parent now seeking to adopt the minor. | 10 |
| (c) Where a former parent seeks to have a court order for | 11 |
| adoption, the following procedures shall apply: | 12 |
| (1) In addition to the requirements set out in this Act | 13 |
| in Section 5, a petition by a former parent to adopt filed | 14 |
| by a former parent shall include the following allegations: | 15 |
| (A) that his or her parental rights were previously | 16 |
| terminated pursuant to Section 2-29 of the Juvenile | 17 |
| Court Act of 1987; | 18 |
| (B) the basis upon which his or her parental rights | 19 |
| were terminated; | 20 |
| (C) that the petitioner is able and willing to | 21 |
| resume care, custody, and control of the minor; | 22 |
| (D) that the adoptive parent of the minor is | 23 |
| deceased and no standby guardian or standby adoptive | 24 |
| parent has been appointed for the minor, and no | 25 |
| guardian has been appointed by the adoptive parent for | 26 |
| the minor through a will; or the adoptive parent is no |
|
|
|
09600HB2405sam002 |
- 4 - |
LRB096 04182 AJO 25643 a |
|
| 1 |
| longer able to provide care for the minor due to a | 2 |
| mental or physical impairment and has consented to the | 3 |
| petitioner's adoption of the minor in open court or by | 4 |
| such means as is approved by the court; and | 5 |
| (E) that it is in the best interests of the minor | 6 |
| to be adopted by the petitioner and for the | 7 |
| petitioner's parental rights to be reinstated. | 8 |
| (2) A former parent shall not have standing to file a | 9 |
| petition for adoption, where the minor is the subject of a | 10 |
| pending petition filed under Article II of the Juvenile | 11 |
| Court Act of 1987. If the minor named in the petition for | 12 |
| adoption is not the subject of a pending petition filed | 13 |
| under Article II of the Juvenile Court Act of 1987, a | 14 |
| former parent shall have standing to file a petition for | 15 |
| adoption only if: the adoptive parent is deceased and no | 16 |
| standby guardian or standby adoptive parent has been | 17 |
| appointed for the minor, and no guardian has been appointed | 18 |
| by the adoptive parent for the minor through a will; or the | 19 |
| adoptive parent is no longer able to provide care for the | 20 |
| minor due to a mental or physical impairment and has | 21 |
| consented to such adoption in open court or by such means | 22 |
| as is approved by the court. | 23 |
| (d) Interim order. Following presentment of a petition for | 24 |
| adoption by a former parent concerning a child who was | 25 |
| previously named in a petition filed under Article II of the | 26 |
| Juvenile Court Act of 1987 the following procedures and |
|
|
|
09600HB2405sam002 |
- 5 - |
LRB096 04182 AJO 25643 a |
|
| 1 |
| safeguards shall be employed, in addition to the applicable | 2 |
| requirements set out in this Act, and shall be included in the | 3 |
| written interim order for the adoption by a former parent: | 4 |
| (1) In determining the minor's best interests pursuant | 5 |
| to Section 2-29 of the Juvenile Court Act of 1987 and this | 6 |
| Act, the Court shall consider, in addition to the factors | 7 |
| set forth in subsection 4.05 of Section 1-3 of the Juvenile | 8 |
| Court Act of 1987, the reasons why the case was initially | 9 |
| brought to the attention of the juvenile court and adoption | 10 |
| proceedings were instituted, the history of the case as it | 11 |
| relates to the former parent seeking adoption, and the | 12 |
| current circumstances of the former parent for whom | 13 |
| adoption is sought. | 14 |
| (2) In any case involving a child who meets these | 15 |
| criteria for adoption by a former parent, the Department of | 16 |
| Children and Family Services shall be appointed as the | 17 |
| investigator as outlined in Section 6 to conduct an | 18 |
| investigation and report to the court (i) the facts and | 19 |
| circumstances which raised concerns as to the petitioner's | 20 |
| ability and willingness to provide adequate care and | 21 |
| protection to children in his or her custody, (ii) an | 22 |
| assessment of the petitioner's current ability and | 23 |
| willingness to provide adequate care and protection for the | 24 |
| child named in the petition, and (iii) any information | 25 |
| which might reasonably raise a concern as to the child's | 26 |
| safety, well being, or best interests should the court |
|
|
|
09600HB2405sam002 |
- 6 - |
LRB096 04182 AJO 25643 a |
|
| 1 |
| grant the petition to adopt by the former parent. | 2 |
| (3) In selecting the minor's guardian ad litem, | 3 |
| pursuant to subsection B of Section 13, whenever practical, | 4 |
| the court shall give preference to the guardian ad litem | 5 |
| who represented the minor in the juvenile court proceeding. | 6 |
| The guardian ad litem shall have the right to review and | 7 |
| copy all records, including juvenile court records | 8 |
| relating to the petitioner, the minor, and the minor's | 9 |
| siblings and half siblings. | 10 |
| (4) The report of the investigator and the guardian ad | 11 |
| litem shall be presented in writing to the court and shall | 12 |
| serve as a basis for the order of court upon the petition | 13 |
| for adoption by a former parent. | 14 |
| (e) Order of adoption. | 15 |
| (1) If it is proved to the satisfaction of the court | 16 |
| that the adoption will be in the best interests of the | 17 |
| minor, after such investigation as the court deems | 18 |
| necessary, an order of adoption shall be entered. | 19 |
| (2) An order of adoption shall be final as to all | 20 |
| findings and shall be entered in writing. | 21 |
| (3) Upon the entry of an order granting a petition to | 22 |
| adopt by a former parent, all parental rights of the former | 23 |
| parent named in the order shall be reinstated and the | 24 |
| physical care, custody and control of the minor shall be | 25 |
| reinstated to the former parent. | 26 |
| (4) The order of adoption shall include an order to the |
|
|
|
09600HB2405sam002 |
- 7 - |
LRB096 04182 AJO 25643 a |
|
| 1 |
| Illinois Department of Public Health to issue a new birth | 2 |
| certificate for the person who is the subject of the | 3 |
| petition for adoption by a former parent.
| 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.".
|
|