Full Text of SB1430 96th General Assembly
SB1430eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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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 |
| Sections 11-5, 11-7, and 11-14.1 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 |
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| successor
guardian of the minor's person or estate, or both. | 2 |
| The designation must be
witnessed by 2 or more credible | 3 |
| witnesses at least 18 years of age, neither of
whom is the | 4 |
| person designated as the guardian. The designation may be | 5 |
| proved
by any competent evidence. If the designation is | 6 |
| executed and attested in the
same manner as a will, it shall | 7 |
| have prima facie validity. The designation of a
guardian or | 8 |
| successor guardian does not affect the rights of the other | 9 |
| parent
in the minor.
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| (b) The court lacks jurisdiction to proceed on a petition | 11 |
| for the
appointment of a guardian of a minor if (i) the minor | 12 |
| has a living fit parent,
adoptive parent or adjudicated parent, | 13 |
| whose parental rights have not been
terminated, whose | 14 |
| whereabouts are known, and who is willing and able to make
and | 15 |
| carry out day-to-day child care decisions concerning the minor, | 16 |
| unless the
parent or parents consent to the appointment or, | 17 |
| after receiving notice of the
hearing under Section 11-10.1, | 18 |
| fail to object to the appointment at the
hearing on the | 19 |
| 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 | 21 |
| presumption
that a parent of a minor is willing and able to | 22 |
| make and carry out
day-to-day child care decisions concerning | 23 |
| the minor, but the presumption may
be rebutted by a | 24 |
| preponderance of the evidence.
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| (b-1) If the court finds the appointment of a guardian of | 26 |
| the minor to be
in the best interest of the minor, and if a |
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| standby guardian has previously
been appointed for the minor | 2 |
| under Section 11-5.3, the court shall appoint the
standby | 3 |
| guardian as the guardian of the person or estate, or both, of | 4 |
| the minor
unless the court finds, upon good cause shown, that | 5 |
| the appointment would no
longer be in the best interest of the | 6 |
| minor.
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| (c) If the minor is 14 years of age or more, the minor may | 8 |
| nominate the
guardian of the minor's person and estate, subject | 9 |
| to approval of the court. If
the minor's nominee is not | 10 |
| approved by the court or if, after notice to the minor, the | 11 |
| minor fails to nominate a
guardian of the minor's person or | 12 |
| estate, the court may appoint the guardian
without nomination.
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| (d) The court shall not appoint as guardian of the person | 14 |
| of the minor any
person whom the court has determined had | 15 |
| caused or substantially contributed to
the minor becoming a | 16 |
| neglected or abused minor as defined in the Juvenile Court
Act | 17 |
| of 1987 unless 2 years have elapsed since the last proven | 18 |
| incident of abuse
or neglect and the court determines that | 19 |
| appointment of such person as guardian
is in the best interests | 20 |
| of the minor.
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| (e) Previous statements made by the minor relating to any | 22 |
| allegations
that the minor is an abused or neglected child | 23 |
| within the meaning of the
Abused and Neglected Child Reporting | 24 |
| Act, or an abused or neglected minor
within the meaning of the | 25 |
| Juvenile Court Act of 1987, shall be admissible
in evidence in | 26 |
| a hearing concerning appointment of a guardian of the person
or |
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| estate of the minor. No such statement, however, if | 2 |
| uncorroborated and
not subject to cross-examination, shall be | 3 |
| 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; | 5 |
| 90-796, eff. 12-15-98.)
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| (755 ILCS 5/11-7) (from Ch. 110 1/2, par. 11-7)
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| Sec. 11-7.
Parental right to custody.) If both
parents of a | 8 |
| minor are living and are competent to transact their own
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| business and are fit persons, they are entitled to the custody
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| of the person of the minor and the direction of his education.
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| If one parent is dead and the surviving parent is competent to
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| transact his own business and is a fit person, he is similarly
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| entitled. The parents have equal powers, rights and duties
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| concerning the minor. If the parents live apart, the court for
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| good reason may award the custody and education of the minor
to | 16 |
| either parent or to some other person.
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| Fitness of the parent shall be determined, by a | 18 |
| preponderance of the evidence, at the time of filing the | 19 |
| petition to establish the guardianship. If a parent is found to | 20 |
| be unfit, unwilling, or unable to care for a child, he or she | 21 |
| shall not be entitled to custody and shall satisfy the | 22 |
| provisions of subsection (b) of Section 11-14.1 of this Act | 23 |
| before terminating the guardianship and regaining custody. | 24 |
| (Source: P.A. 79-328.)
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| (755 ILCS 5/11-14.1) (from Ch. 110 1/2, par. 11-14.1)
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| Sec. 11-14.1. Revocation of letters. | 3 |
| (a) Upon the minor reaching the age
of majority, the | 4 |
| letters of office shall be revoked only as to that minor
and | 5 |
| the guardianship over that minor shall be terminated. The | 6 |
| letters of
office and the guardianship shall remain as to any | 7 |
| other minors included in the
same letters of office or | 8 |
| guardianship order.
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| (b) Other than as provided in subsection (a), when a parent | 10 |
| has been found unfit, unwilling, or unable to care for a child, | 11 |
| a guardianship of a minor shall not be terminated by a court, | 12 |
| unless, upon clear and convincing evidence, the court finds | 13 |
| that there has been a material change in circumstances since | 14 |
| the entry of the order appointing the guardian and that the | 15 |
| termination is in the best interest of the minor, considering, | 16 |
| but not limited to the following: | 17 |
| (1) the extent to which the minor has integrated into | 18 |
| the guardian's family; | 19 |
| (2) the effect the removal of the minor from the | 20 |
| guardian's care would have on the minor; | 21 |
| (3) the relationship of the minor to the proposed new | 22 |
| care giver or parent; | 23 |
| (4) the relative economic abilities of the parties to | 24 |
| provide for the minor's needs; | 25 |
| (5) the physical and emotional abilities of the parties | 26 |
| to provide for the minor's needs; and |
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| (6) the environment the minor would be in after | 2 |
| termination of the guardianship compared to the minor's | 3 |
| current environment with the guardian. | 4 |
| (Source: P.A. 90-796, eff. 12-15-98.)
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