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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB0619enr
750 ILCS 50/13 from Ch. 40, par. 1516
Amends the Adoption Act. Provides that, upon finding
that there is an immediate danger to the child if service of
process is had upon and notice of hearing is given to the
biological parent or parents, the court may enter an order
without notice granting temporary custody for 10 days, with a
full hearing to be held on the matter before the expiration
of the order, but not before service of summons and notice of
hearing are given to the biological parent or parents.
Effective immediately.
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1 AN ACT to amend the Adoption Act by changing Section 13.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Adoption Act is amended by changing
5 Section 13 as follows:
6 (750 ILCS 50/13) (from Ch. 40, par. 1516)
7 (Text of Section before amendment by P.A. 89-686)
8 Sec. 13. Interim order. As soon as practicable after the
9 filing of a petition for adoption the court shall hold a
10 hearing for the following purposes:
11 A. In other than an adoption of a related child or an
12 adoption through an agency, or of an adult:
13 (a) To determine the validity of the consent,
14 provided that the execution of a consent pursuant to this
15 Act shall be prima facie evidence of its validity, and
16 provided that the validity of a consent shall not be
17 affected by the omission therefrom of the names of the
18 petitioners or adopting parents at the time the consent
19 is executed or acknowledged, and further provided that
20 the execution of a consent prior to the filing of a
21 petition for adoption shall not affect its validity;
22 (b) To determine whether there is available
23 suitable temporary custodial care for a child sought to
24 be adopted.
25 B. In all cases:
26 (a) The court shall appoint some licensed attorney
27 other than the State's attorney acting in his official
28 capacity as guardian ad litem to represent a child sought
29 to be adopted. Such guardian ad litem shall have power to
30 consent to the adoption of the child, if such consent is
31 required;
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1 (b) The court shall appoint a guardian ad litem for
2 all named minors or defendants who are persons under
3 legal disability, if any.
4 (c) If the petition alleges a person to be unfit
5 pursuant to the provisions of subparagraph (p) of
6 paragraph D of Section 1 of this Act, such person shall
7 be represented by counsel. If such person is indigent or
8 an appearance has not been entered on his behalf at the
9 time the matter is set for hearing, the court shall
10 appoint as counsel for him either the Guardianship and
11 Advocacy Commission, the public defender, or, only if no
12 attorney from the Guardianship and Advocacy Commission or
13 the public defender is available, an attorney licensed to
14 practice law in this State.
15 (d) If it is proved to the satisfaction of the
16 court, after such investigation as the court deems
17 necessary, that termination of parental rights and
18 temporary commitment of the child to an agency or to a
19 person deemed competent by the court, including
20 petitioners, will be for the welfare of the child, the
21 court may order the child to be so committed and may
22 terminate the parental rights of the parents and declare
23 the child a ward of the court or, if it is not so proved,
24 the court may enter such other order as it shall deem
25 necessary and advisable.
26 (e) Before an interim custody order is granted
27 under this Section, service of summons shall be had upon
28 the parent or parents whose rights have not been
29 terminated, except as provided in subsection (f).
30 Reasonable notice and opportunity to be heard shall be
31 given to the parent or parents after service of summons
32 when the address of the parent or parents is available.
33 The party seeking an interim custody order shall make all
34 reasonable efforts to locate the parent or parents of the
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1 child or children they are seeking to adopt and to notify
2 the parent or parents of the party's request for an
3 interim custody order pursuant to this Section.
4 (f) An interim custody order may be granted without
5 notice upon presentation to the court of a written
6 petition, accompanied by an affidavit, stating that there
7 is an immediate danger to the child and that irreparable
8 harm will result to the child if notice is given to the
9 parent or parents or legal guardian. Upon making a
10 finding that there is an immediate danger to the child if
11 service of process is had upon and notice of hearing is
12 given to the parent or parents or legal guardian prior to
13 the entry of an order granting temporary custody to
14 someone other than a parent or legal guardian, the court
15 may enter an order of temporary custody which shall
16 expire not more than 10 days after its entry. Every ex
17 parte custody order granted without notice shall state
18 the injury which the court sought to avoid by granting
19 the order, the irreparable injury that would have
20 occurred had notice been given, and the reason the order
21 was granted without notice. The matter shall be set down
22 for full hearing before the expiration of the ex parte
23 order and will be heard after service of summons is had
24 upon and notice of hearing is given to the parent or
25 parents or legal guardian. At the hearing the burden of
26 proof shall be upon the party seeking to extend the
27 interim custody order to show that the order was properly
28 granted without notice and that custody should remain
29 with the party seeking to adopt during the pendency of
30 the adoption proceeding. If the interim custody order is
31 extended, the reasons for granting the extension shall be
32 stated in the order.
33 C. In the case of a child born outside the United States
34 or a territory thereof, if the petitioners have previously
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1 been appointed guardians of such child by a court of
2 competent jurisdiction in a country other than the United
3 States or a territory thereof, the court may order that the
4 petitioners continue as guardians of such child.
5 (Source: P.A. 89-644, eff. 1-1-97.)
6 (Text of Section after amendment by P.A. 89-686)
7 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:
10 A. In other than an adoption of a related child or an
11 adoption through an agency, or of an adult:
12 (a) To determine the validity of the consent,
13 provided that the execution of a consent pursuant to this
14 Act shall be prima facie evidence of its validity, and
15 provided that the validity of a consent shall not be
16 affected by the omission therefrom of the names of the
17 petitioners or adopting parents at the time the consent
18 is executed or acknowledged, and further provided that
19 the execution of a consent prior to the filing of a
20 petition for adoption shall not affect its validity.;
21 (b) To determine whether there is available
22 suitable temporary custodial care for a child sought to
23 be adopted.
24 B. In all cases:
25 (a) The court shall appoint some licensed attorney
26 other than the State's attorney acting in his or her
27 official capacity as guardian ad litem to represent a
28 child sought to be adopted. Such guardian ad litem shall
29 have power to consent to the adoption of the child, if
30 such consent is required.;
31 (b) The court shall appoint a guardian ad litem for
32 all named minors or defendants who are persons under
33 legal disability, if any.
34 (c) If the petition alleges a person to be unfit
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1 pursuant to the provisions of subparagraph (p) of
2 paragraph D of Section 1 of this Act, such person shall
3 be represented by counsel. If such person is indigent or
4 an appearance has not been entered on his behalf at the
5 time the matter is set for hearing, the court shall
6 appoint as counsel for him either the Guardianship and
7 Advocacy Commission, the public defender, or, only if no
8 attorney from the Guardianship and Advocacy Commission or
9 the public defender is available, an attorney licensed to
10 practice law in this State.
11 (d) If it is proved to the satisfaction of the
12 court, after such investigation as the court deems
13 necessary, that termination of parental rights and
14 temporary commitment of the child to an agency or to a
15 person deemed competent by the court, including
16 petitioners, will be for the welfare of the child, the
17 court may order the child to be so committed and may
18 terminate the parental rights of the parents and declare
19 the child a ward of the court or, if it is not so proved,
20 the court may enter such other order as it shall deem
21 necessary and advisable.
22 (e) Before an interim custody order is granted
23 under this Section, service of summons shall be had upon
24 the parent or parents whose rights have not been
25 terminated, except as provided in subsection (f).
26 Reasonable notice and opportunity to be heard shall be
27 given to the parent or parents after service of summons
28 when the address of the parent or parents is available.
29 The party seeking an interim custody order shall make all
30 reasonable efforts to locate the parent or parents of the
31 child or children they are seeking to adopt and to notify
32 the parent or parents of the party's request for an
33 interim custody order pursuant to this Section.
34 (f) An interim custody order may be granted without
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1 notice upon presentation to the court of a written
2 petition, accompanied by an affidavit, stating that there
3 is an immediate danger to the child and that irreparable
4 harm will result to the child if notice is given to the
5 parent or parents or legal guardian. Upon making a
6 finding that there is an immediate danger to the child if
7 service of process is had upon and notice of hearing is
8 given to the parent or parents or legal guardian prior to
9 the entry of an order granting temporary custody to
10 someone other than a parent or legal guardian, the court
11 may enter an order of temporary custody which shall
12 expire not more than 10 days after its entry. Every ex
13 parte custody order granted without notice shall state
14 the injury which the court sought to avoid by granting
15 the order, the irreparable injury that would have
16 occurred had notice been given, and the reason the order
17 was granted without notice. The matter shall be set down
18 for full hearing before the expiration of the ex parte
19 order and will be heard after service of summons is had
20 upon and notice of hearing is given to the parent or
21 parents or legal guardian. At the hearing the burden of
22 proof shall be upon the party seeking to extend the
23 interim custody order to show that the order was properly
24 granted without notice and that custody should remain
25 with the party seeking to adopt during the pendency of
26 the adoption proceeding. If the interim custody order is
27 extended, the reasons for granting the extension shall be
28 stated in the order.
29 C. In the case of a child born outside the United States
30 or a territory thereof, if the petitioners have previously
31 been appointed guardians of such child by a court of
32 competent jurisdiction in a country other than the United
33 States or a territory thereof, the court may order that the
34 petitioners continue as guardians of such child.
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1 (Source: P.A. 89-644, eff. 1-1-97; 89-686, eff. 6-1-97;
2 revised 1-14-97.)
3 Section 95. No acceleration or delay. Where this Act
4 makes changes in a statute that is represented in this Act by
5 text that is not yet or no longer in effect (for example, a
6 Section represented by multiple versions), the use of that
7 text does not accelerate or delay the taking effect of (i)
8 the changes made by this Act or (ii) provisions derived from
9 any other Public Act.