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90_SB0619sam001
LRB9002815SMdvam01
1 AMENDMENT TO SENATE BILL 619
2 AMENDMENT NO. . Amend Senate Bill 619 by replacing
3 everything after the enacting clause with the following:
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
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1 suitable temporary custodial care for a child sought to
2 be adopted.
3 B. In all cases:
4 (a) The court shall appoint some licensed attorney
5 other than the State's attorney acting in his official
6 capacity as guardian ad litem to represent a child sought
7 to be adopted. Such guardian ad litem shall have power to
8 consent to the adoption of the child, if such consent is
9 required;
10 (b) The court shall appoint a guardian ad litem for
11 all named minors or defendants who are persons under
12 legal disability, if any.
13 (c) If the petition alleges a person to be unfit
14 pursuant to the provisions of subparagraph (p) of
15 paragraph D of Section 1 of this Act, such person shall
16 be represented by counsel. If such person is indigent or
17 an appearance has not been entered on his behalf at the
18 time the matter is set for hearing, the court shall
19 appoint as counsel for him either the Guardianship and
20 Advocacy Commission, the public defender, or, only if no
21 attorney from the Guardianship and Advocacy Commission or
22 the public defender is available, an attorney licensed to
23 practice law in this State.
24 (d) If it is proved to the satisfaction of the
25 court, after such investigation as the court deems
26 necessary, that termination of parental rights and
27 temporary commitment of the child to an agency or to a
28 person deemed competent by the court, including
29 petitioners, will be for the welfare of the child, the
30 court may order the child to be so committed and may
31 terminate the parental rights of the parents and declare
32 the child a ward of the court or, if it is not so proved,
33 the court may enter such other order as it shall deem
34 necessary and advisable.
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1 (e) Before an interim custody order is granted
2 under this Section, service of summons shall be had upon
3 the parent or parents whose rights have not been
4 terminated, except as provided in subsection (f).
5 Reasonable notice and opportunity to be heard shall be
6 given to the parent or parents after service of summons
7 when the address of the parent or parents is available.
8 The party seeking an interim custody order shall make all
9 reasonable efforts to locate the parent or parents of the
10 child or children they are seeking to adopt and to notify
11 the parent or parents of the party's request for an
12 interim custody order pursuant to this Section.
13 (f) An interim custody order may be granted without
14 notice upon presentation to the court of a written
15 petition, accompanied by an affidavit, stating that there
16 is an immediate danger to the child and that irreparable
17 harm will result to the child if notice is given to the
18 parent or parents or legal guardian. Upon making a
19 finding that there is an immediate danger to the child if
20 service of process is had upon and notice of hearing is
21 given to the parent or parents or legal guardian prior to
22 the entry of an order granting temporary custody to
23 someone other than a parent or legal guardian, the court
24 may enter an order of temporary custody which shall
25 expire not more than 10 days after its entry. Every ex
26 parte custody order granted without notice shall state
27 the injury which the court sought to avoid by granting
28 the order, the irreparable injury that would have
29 occurred had notice been given, and the reason the order
30 was granted without notice. The matter shall be set down
31 for full hearing before the expiration of the ex parte
32 order and will be heard after service of summons is had
33 upon and notice of hearing is given to the parent or
34 parents or legal guardian. At the hearing the burden of
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1 proof shall be upon the party seeking to extend the
2 interim custody order to show that the order was properly
3 granted without notice and that custody should remain
4 with the party seeking to adopt during the pendency of
5 the adoption proceeding. If the interim custody order is
6 extended, the reasons for granting the extension shall be
7 stated in the order.
8 C. In the case of a child born outside the United States
9 or a territory thereof, if the petitioners have previously
10 been appointed guardians of such child by a court of
11 competent jurisdiction in a country other than the United
12 States or a territory thereof, the court may order that the
13 petitioners continue as guardians of such child.
14 (Source: P.A. 89-644, eff. 1-1-97.)
15 (Text of Section after amendment by P.A. 89-686)
16 Sec. 13. Interim order. As soon as practicable after the
17 filing of a petition for adoption the court shall hold a
18 hearing for the following purposes:
19 A. In other than an adoption of a related child or an
20 adoption through an agency, or of an adult:
21 (a) To determine the validity of the consent,
22 provided that the execution of a consent pursuant to this
23 Act shall be prima facie evidence of its validity, and
24 provided that the validity of a consent shall not be
25 affected by the omission therefrom of the names of the
26 petitioners or adopting parents at the time the consent
27 is executed or acknowledged, and further provided that
28 the execution of a consent prior to the filing of a
29 petition for adoption shall not affect its validity.;
30 (b) To determine whether there is available
31 suitable temporary custodial care for a child sought to
32 be adopted.
33 B. In all cases:
34 (a) The court shall appoint some licensed attorney
-5- LRB9002815SMdvam01
1 other than the State's attorney acting in his or her
2 official capacity as guardian ad litem to represent a
3 child sought to be adopted. Such guardian ad litem shall
4 have power to consent to the adoption of the child, if
5 such consent is required.;
6 (b) The court shall appoint a guardian ad litem for
7 all named minors or defendants who are persons under
8 legal disability, if any.
9 (c) If the petition alleges a person to be unfit
10 pursuant to the provisions of subparagraph (p) of
11 paragraph D of Section 1 of this Act, such person shall
12 be represented by counsel. If such person is indigent or
13 an appearance has not been entered on his behalf at the
14 time the matter is set for hearing, the court shall
15 appoint as counsel for him either the Guardianship and
16 Advocacy Commission, the public defender, or, only if no
17 attorney from the Guardianship and Advocacy Commission or
18 the public defender is available, an attorney licensed to
19 practice law in this State.
20 (d) If it is proved to the satisfaction of the
21 court, after such investigation as the court deems
22 necessary, that termination of parental rights and
23 temporary commitment of the child to an agency or to a
24 person deemed competent by the court, including
25 petitioners, will be for the welfare of the child, the
26 court may order the child to be so committed and may
27 terminate the parental rights of the parents and declare
28 the child a ward of the court or, if it is not so proved,
29 the court may enter such other order as it shall deem
30 necessary and advisable.
31 (e) Before an interim custody order is granted
32 under this Section, service of summons shall be had upon
33 the parent or parents whose rights have not been
34 terminated, except as provided in subsection (f).
-6- LRB9002815SMdvam01
1 Reasonable notice and opportunity to be heard shall be
2 given to the parent or parents after service of summons
3 when the address of the parent or parents is available.
4 The party seeking an interim custody order shall make all
5 reasonable efforts to locate the parent or parents of the
6 child or children they are seeking to adopt and to notify
7 the parent or parents of the party's request for an
8 interim custody order pursuant to this Section.
9 (f) An interim custody order may be granted without
10 notice upon presentation to the court of a written
11 petition, accompanied by an affidavit, stating that there
12 is an immediate danger to the child and that irreparable
13 harm will result to the child if notice is given to the
14 parent or parents or legal guardian. Upon making a
15 finding that there is an immediate danger to the child if
16 service of process is had upon and notice of hearing is
17 given to the parent or parents or legal guardian prior to
18 the entry of an order granting temporary custody to
19 someone other than a parent or legal guardian, the court
20 may enter an order of temporary custody which shall
21 expire not more than 10 days after its entry. Every ex
22 parte custody order granted without notice shall state
23 the injury which the court sought to avoid by granting
24 the order, the irreparable injury that would have
25 occurred had notice been given, and the reason the order
26 was granted without notice. The matter shall be set down
27 for full hearing before the expiration of the ex parte
28 order and will be heard after service of summons is had
29 upon and notice of hearing is given to the parent or
30 parents or legal guardian. At the hearing the burden of
31 proof shall be upon the party seeking to extend the
32 interim custody order to show that the order was properly
33 granted without notice and that custody should remain
34 with the party seeking to adopt during the pendency of
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1 the adoption proceeding. If the interim custody order is
2 extended, the reasons for granting the extension shall be
3 stated in the order.
4 C. In the case of a child born outside the United States
5 or a territory thereof, if the petitioners have previously
6 been appointed guardians of such child by a court of
7 competent jurisdiction in a country other than the United
8 States or a territory thereof, the court may order that the
9 petitioners continue as guardians of such child.
10 (Source: P.A. 89-644, eff. 1-1-97; 89-686, eff. 6-1-97;
11 revised 1-14-97.)
12 Section 95. No acceleration or delay. Where this Act
13 makes changes in a statute that is represented in this Act by
14 text that is not yet or no longer in effect (for example, a
15 Section represented by multiple versions), the use of that
16 text does not accelerate or delay the taking effect of (i)
17 the changes made by this Act or (ii) provisions derived from
18 any other Public Act.