Illinois General Assembly - Full Text of HB4055
Illinois General Assembly

Previous General Assemblies

Full Text of HB4055  96th General Assembly

HB4055ham001 96TH GENERAL ASSEMBLY

Rep. Sara Feigenholtz

Filed: 3/30/2009

 

 


 

 


 
09600HB4055ham001 LRB096 09934 AJO 24738 a

1
AMENDMENT TO HOUSE BILL 4055

2     AMENDMENT NO. ______. Amend House Bill 4055 on page 1, by
3 replacing lines 7 and 8 with the following:
4     "Sec. 14.5. Petition to adopt by former parent."; and
 
5 on page 1, line 11, by replacing "reinstate parental rights"
6 with "adopt by a former parent"; and
 
7 on page 2, line 11, after "individuals" by inserting the
8 following:
9 "who, at the time of the adoption, were biologically related to
10 the minor as defined in subsection B of Section 50"; and
 
11 on page 2, line 11, after "died", by inserting the following:
12 "(or both adoptive parents have died in the case of 2 adoptive
13 parents) and no standby guardian or standby adoptive parent has
14 been appointed for the minor, and no guardian has been
15 appointed by the adoptive parent for the minor through a will";

 

 

09600HB4055ham001 - 2 - LRB096 09934 AJO 24738 a

1 and
 
2 on page 2, by replacing lines 14 through 26 with the following:
3 "the adoptive parent has consented in open court, or by such
4 means as is approved by the court, to the adoption of the minor
5 by the petitioner; and
6         (4) the former parent named in the petition wishes to
7     adopt the minor and meets the criteria established in this
8     Section to adopt; and
9         (5) it is in the best interests of the minor to have
10     the petitioner adopt and have parental rights reinstated.
11     (b) The petition may be filed by any party or by the former
12 parent now seeking to adopt the minor.
13     (c) Where a former parent seeks to have a court order for
14 adoption, the following procedures shall apply:"; and
 
15 on page 3, by replacing lines 1 through 6 with the following:
16         "(1) In addition to the requirements set out in this
17     Act in Section 5, a petition by a former parent to adopt
18     filed by a former parent shall include the following
19     allegations:"; and
 
20 on page 3, by replacing lines 14 through 21 with the following:
21             "(D) that the adoptive parent of the minor is
22         deceased and no standby guardian or standby adoptive
23         parent has been appointed for the minor, and no

 

 

09600HB4055ham001 - 3 - LRB096 09934 AJO 24738 a

1         guardian has been appointed by the adoptive parent for
2         the minor through a will; or, the adoptive parent is no
3         longer able to provide care for the minor due to a
4         mental or physical impairment and has consented to the
5         petitioner's adoption of the minor in open court or by
6         such means as is approved by the court; and
7             (E) that it is in the best interests of the minor
8         to be adopted by the petitioner and for the
9         petitioner's parental rights to be reinstated."; and
 
10 on page 3, lines 23 and 26, by replacing "reinstatement of
11 parental rights" each time it appears with "adoption"; and
 
12 on page 4, line 4, by replacing "reinstatement of parental
13 rights" with "adoption"; and
 
14 on page 4, by replacing lines 5 through 8 with the following:
15 "parent is deceased and no standby guardian or standby adoptive
16 parent has been appointed for the minor, and no guardian has
17 been appointed by the adoptive parent for the minor through a
18 will; or, the adoptive parent is no longer able to provide care
19 for the minor due to a mental or physical impairment and has
20 consented to such adoption in open court or by such means as is
21 approved by the court."; and
 
22 on page 4, lines 10 and 15, by replacing "reinstatement of

 

 

09600HB4055ham001 - 4 - LRB096 09934 AJO 24738 a

1 parental rights" each time it appears with "adoption by a
2 former parent"; and
 
3 on page 4, line 23, by replacing "reinstatement" with
4 "adoption"; and
 
5 on page 4, line 25, by replacing "reinstatement of rights" with
6 "adoption"; and
 
7 on page 5, line 1, by replacing "reinstatement of parental
8 rights" with "adoption by a former parent"; and
 
9 on page 5, line 13, by replacing "reinstate parental rights"
10 with "to adopt by the former parent"; and
 
11 on page 5, line 25, by replacing "reinstatement of parental
12 rights" with "adoption by a former parent"; and
 
13 on page 5, line 26, by replacing "reinstatement of parental
14 rights" with "adoption"; and
 
15 on page 6, lines 3 and 4, by replacing "reinstatement of
16 parental rights" each time it appears with "adoption"; and
 
17 on page 6, by replacing lines 7 through 9 with the following:
18         "(3) Upon the entry of an order granting a petition to

 

 

09600HB4055ham001 - 5 - LRB096 09934 AJO 24738 a

1     adopt by a former parent, all parental rights of the former
2     parent named in the order shall be reinstated"; and
 
3 on page 6, line 12, by replacing "reinstatement of parental
4 rights" with "adoption"; and
 
5 on page 6, lines 15 and 16, by replacing "reinstatement of
6 parental rights" with "adoption by a former parent".