Rep. Barbara Flynn Currie

Filed: 4/1/2014





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2    AMENDMENT NO. ______. Amend House Bill 5686 by replacing
3lines 25 and 26 of page 2 and line 1 of page 3 with the
5"minor appointed by a court of competent jurisdiction. There";
7on page 3, by replacing lines 5 through 13 with the following:
8"rebutted by a preponderance of the evidence. If a short-term
9guardian has been appointed for the minor prior to the filing
10of the petition and the petitioner for guardianship is not the
11short-term guardian, there shall be a rebuttable presumption
12that it is in the best interest of the minor to remain in the
13care of the short-term guardian. The petitioner shall have the
14burden of proving by a preponderance of the evidence that it is
15not in the child's best interest to remain with the short-term
16guardian."; and



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1on page 12, by replacing lines 6 through 14 with the following:
2"decisions concerning the minor.
3    If a short-term guardian who has been appointed by the
4minor's parent or guardian prior to the filing of the petition
5subsequently petitions for court-ordered guardianship of the
6minor, the petition shall state the facts concerning the
7appointment of the short-term guardian, including: (i) the date
8of the appointment; (ii) the circumstances surrounding the
9appointment; (iii) the date the short-term guardian
10appointment ends; and (iv) the reasons why a court-ordered
11guardian is also needed for the minor. A copy of the short-term
12guardianship appointment shall be attached to the petition.";
14on page 13, by replacing lines 19 through 26 with the
16"is currently acting for the minor. If a short-term guardian
17has been appointed by the minor's parent or guardian and
18subsequently petitions for standby guardianship of the minor,
19the petition shall state the facts concerning the appointment
20of the short-term guardian, including: (i) the date of the
21appointment; (ii) the circumstances surrounding the
22appointment; (iii) the date the short-term guardian
23appointment ends; and (iv) the reasons why a standby guardian
24is also needed for the minor. A copy of the short-term
25guardianship appointment shall be attached to the petition.;



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2on page 18, by replacing lines 13 through 23 with the
4    "(f) The court may grant leave to the guardian of a minor
5child or children to remove such child or children from
6Illinois whenever such approval is in the best interests of
7such child or children. The guardian may not remove a minor
8from Illinois except as permitted under this Section and must
9seek leave of the court prior to removing a child for more than
1030 days. The burden of proving that such removal is in the best
11interests of such child or children is on the guardian. When
12such removal is permitted, the court may require the guardian
13removing such child or children from Illinois to give
14reasonable security guaranteeing the return of such children.
15    The court shall consider the wishes of the minor's parent
16or parents and the effect of removal on visitation and the
17wishes of the minor if he or she is 14 years of age or older.
18The court may not consider the availability of electronic
19communication as a factor in support of the removal of a child
20by the guardian from Illinois.
21    Before a minor child is temporarily removed from Illinois
22for more than 48 hours but less than 30 days, the guardian
23shall inform the parent or parents of the address and telephone
24number where the child may be reached during the period of
25temporary removal and the date on which the child shall return



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1to Illinois. The State of Illinois retains jurisdiction when
2the minor child is absent from the State pursuant to this
3subsection. The guardianship order may incorporate language
4governing out-of-state travel with the minor.".