Full Text of SB0491 95th General Assembly
SB0491 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0491
Introduced 2/8/2007, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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750 ILCS 50/13 |
from Ch. 40, par. 1516 |
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Amends the Adoption Act. Provides that an interim order of custody may be entered for up to 30 days (now, 10 days) if a sworn petition establishes (now, states) there is an immediate danger to the child and that irreparable harm will result if notice is given to the parent or guardian. Provides a description of irreparable harm that includes the inability of a petitioner to obtain medical insurance for the child or the absence of a temporary legal custodian for the child.
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A BILL FOR
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SB0491 |
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LRB095 03622 AJO 23644 b |
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| AN ACT concerning adoption.
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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 Adoption Act is amended by changing Section | 5 |
| 13 as follows:
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| (750 ILCS 50/13) (from Ch. 40, par. 1516)
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| Sec. 13. Interim order. As soon as practicable after the | 8 |
| filing of a
petition for adoption the court shall hold a | 9 |
| hearing for the following
purposes:
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| A. In other than an adoption of a related child or an | 11 |
| adoption through
an agency, or of an adult:
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| (a) To determine the validity of the consent, provided | 13 |
| that the
execution of a consent pursuant to this Act shall | 14 |
| be prima facie evidence
of its validity, and provided that | 15 |
| the validity of a consent shall not be
affected by the | 16 |
| omission therefrom of the names of the petitioners or
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| adopting parents at the time the consent is executed or | 18 |
| acknowledged, and
further provided that the execution of a | 19 |
| consent prior to the filing of a
petition for adoption | 20 |
| shall not affect its validity.
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| (b) To determine whether there is available suitable | 22 |
| temporary custodial
care for a child sought to be adopted.
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| B. In all cases except standby adoptions:
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SB0491 |
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LRB095 03622 AJO 23644 b |
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| (a) The court shall appoint some licensed attorney | 2 |
| other than the State's
attorney acting in his or her | 3 |
| official capacity as guardian ad
litem to represent a child | 4 |
| sought to be adopted. Such guardian ad litem
shall have | 5 |
| power to consent to the adoption of the child, if such | 6 |
| consent
is required.
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| (b) The court shall appoint a guardian ad litem for all | 8 |
| named minors or
defendants who are persons under legal | 9 |
| disability, if any.
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| (c) If the petition alleges a person to be unfit | 11 |
| pursuant to the
provisions of subparagraph (p) of paragraph | 12 |
| D of Section 1 of this Act,
such person shall be | 13 |
| represented by counsel. If such person is indigent
or an | 14 |
| appearance has not been entered on his behalf at the time | 15 |
| the matter
is set for hearing, the court shall appoint as | 16 |
| counsel for him either the
Guardianship and Advocacy | 17 |
| Commission, the public defender, or, only if no
attorney | 18 |
| from the Guardianship and Advocacy Commission or the public | 19 |
| defender
is available, an attorney licensed to practice law | 20 |
| in this State.
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| (d) If it is proved to the satisfaction of the court, | 22 |
| after such
investigation as the court deems necessary, that | 23 |
| termination of parental
rights and temporary commitment of | 24 |
| the child to an agency or to a person
deemed competent by | 25 |
| the court, including petitioners, will be for the
welfare | 26 |
| of the child, the court may order the child to be so |
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LRB095 03622 AJO 23644 b |
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| committed and
may terminate the parental rights of the | 2 |
| parents and declare the child a
ward of the court or, if it | 3 |
| is not so proved, the court may enter such
other order as | 4 |
| it shall deem necessary and advisable.
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| (e) Before an interim custody order is granted under | 6 |
| this
Section,
service of
summons shall be had upon the | 7 |
| parent or parents whose rights have not been
terminated, | 8 |
| except as provided in subsection (f). Reasonable notice and
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| opportunity to be heard shall be given to
the
parent or | 10 |
| parents after service of summons when the address of the | 11 |
| parent or
parents is available. The party seeking an | 12 |
| interim custody order shall make
all reasonable efforts to | 13 |
| locate the parent or parents of the child or children
they | 14 |
| are seeking to adopt and to notify the parent or parents of | 15 |
| the party's
request for an interim custody order pursuant | 16 |
| to this Section.
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| (f) An interim custody order may be granted without | 18 |
| notice upon
presentation to the court of a written | 19 |
| petition, accompanied by an affidavit,
establishing
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| stating that
there is an immediate danger to the child and | 21 |
| that irreparable harm will result
to the child if notice is | 22 |
| given to the parent or parents or legal guardian.
Upon | 23 |
| making a finding that there is an immediate danger to the | 24 |
| child if
service of process is had upon and notice of | 25 |
| hearing is given to the parent or
parents or
legal guardian | 26 |
| prior to the entry of an order granting temporary custody |
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| to
someone other than a parent or legal guardian, the court | 2 |
| may enter an order of
temporary custody which shall expire | 3 |
| not more than 30
10 days after its entry.
Every ex parte | 4 |
| custody order granted without notice shall state the harm
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| injury
which the court sought to avoid by granting the | 6 |
| order, the irreparable harm
injury
that would have occurred | 7 |
| had notice been given, and the reason the order was
granted | 8 |
| without notice.
Irreparable harm pursuant to this | 9 |
| subsection (f) shall include, but is not limited to, the | 10 |
| inability of a petitioner to obtain dependent medical | 11 |
| insurance coverage for the child or the absence of a | 12 |
| temporary legal custodian for the child. The matter shall | 13 |
| be set down for full hearing before the expiration of the | 14 |
| ex
parte order and will be heard after service of summons | 15 |
| is had upon and notice
of hearing is given to the parent or | 16 |
| parents or legal guardian.
At the hearing the burden of | 17 |
| proof shall be upon the party seeking to extend
the interim | 18 |
| custody order to show that the order was properly granted | 19 |
| without
notice and that custody should remain with the | 20 |
| party seeking to adopt during
the pendency of the adoption | 21 |
| proceeding. If the interim custody order is
extended, the | 22 |
| reasons for granting the extension shall be stated in the
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| order.
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| C. In the case of a child born outside the United States or | 25 |
| a
territory thereof, if the petitioners have previously been | 26 |
| appointed
guardians of such child by a court of competent |
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| jurisdiction in a country
other than the United States or a | 2 |
| territory thereof, the court may order
that the petitioners | 3 |
| continue as guardians of such child.
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| D. In standby adoption cases:
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| (a) The court shall appoint a licensed attorney other | 6 |
| than the State's
Attorney
acting in his or her official | 7 |
| capacity as guardian ad litem to represent a
child sought | 8 |
| to be
adopted. The guardian ad litem shall have power to | 9 |
| consent to the adoption of
the child,
if consent is | 10 |
| required.
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| (b) The court shall appoint a guardian ad litem for all | 12 |
| named minors or
defendants
who are persons under legal | 13 |
| disability, if any.
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| (c) The court lacks jurisdiction to proceed on the | 15 |
| petition for standby
adoption if the child has a living | 16 |
| parent, adoptive parent, or adjudicated
parent whose | 17 |
| rights have not been terminated and whose whereabouts are | 18 |
| known,
unless the parent consents to the standby adoption | 19 |
| or, after
receiving notice of the hearing on the standby | 20 |
| adoption petition, fails to
object to the appointment of a | 21 |
| standby adoptive parent at the
hearing on the petition.
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| (d) The court shall investigate as needed for the | 23 |
| welfare of the child and
shall
determine whether the | 24 |
| petitioner or petitioners shall be permitted to adopt.
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| (Source: P.A. 90-14, eff. 7-1-97; 90-349, eff. 1-1-98; 91-572, | 26 |
| eff.
1-1-00.)
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