Public Act 098-0477
 
HB3147 EnrolledLRB098 09051 RLC 39187 b


  
    AN ACT concerning courts.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Juvenile Court Act of 1987 is amended  by 
changing Section 2-34 as follows:
 
    (705 ILCS 405/2-34)
    (Section scheduled to be repealed on August 21, 2013)
    Sec. 2-34. Motion to reinstate parental rights.
    (1)  For purposes of this subsection (1), the term "parent" 
refers to the person or persons whose rights were terminated as 
described in paragraph (a) of this subsection; and the term 
"minor" means a person under the age of 21 years subject to 
this Act for whom the Department of Children and Family 
Services Guardianship Administrator is appointed the temporary 
custodian or guardian.
    A motion to reinstate parental rights may be filed only by 
the Department of Children and Family Services or the minor 
regarding any minor who is presently a ward of the court under 
Article II of this Act when all the conditions set out in 
paragraphs (a), (b), (c), (d), (e), (f), and (g) of this 
subsection (1) are met:
        (a) while the minor was under the jurisdiction of the 
    court under Article II of this Act,  the minor's parent or 
    parents surrendered the minor for adoption to an agency 
    legally authorized to place children for adoption, or the 
    minor's parent or parents consented to his or her adoption, 
    or the minor's parent or parents consented to his or her 
    adoption by a specified person or persons, or the parent or 
    parents' rights were terminated pursuant to a finding of 
    unfitness pursuant to Section 2-29 of this Act and a 
    guardian was appointed with the power to consent to 
    adoption pursuant to Section 2-29 of this Act; and
        (b)  (i) since the signing of the surrender, the signing 
    of the consent, or the unfitness finding, the minor has 
    remained a ward of the Court under Article II of this Act; 
    or
        (ii) the minor was made a ward of the Court, the minor 
    was placed in the private guardianship of an individual or 
    individuals, and after the appointment of a private 
    guardian and a new petition alleging abuse, neglect, or 
    dependency pursuant to Section 2-3 or 2-4 is filed, and the 
    minor is again found by the court to be abused, neglected 
    or dependent; or a supplemental petition to reinstate 
    wardship is filed pursuant to Section 2-33, and the court 
    reinstates wardship; or
        (iii) the minor was made a ward of the Court, wardship 
    was terminated after the minor was adopted, after the 
    adoption a new petition alleging abuse, neglect, or 
    dependency pursuant to Section 2-3 or 2-4 is filed, and the 
    minor is again found by the court to be abused, neglected, 
    or dependent, and either (i) the adoptive parent or parents 
    are deceased, (ii) the adoptive parent or parents signed a 
    surrender of parental rights, or (iii) the parental rights 
    of the adoptive parent or parents were terminated;
        (c)  the minor is not currently in a placement likely to 
    achieve permanency;
        (d)  it is in the minor's best interest that parental 
    rights be reinstated;
        (e) the parent named in the motion wishes parental 
    rights to be reinstated and is currently appropriate to 
    have rights reinstated;
        (f) more than 3 years have lapsed since the signing of 
    the consent or surrender, or the entry of the order 
    appointing a guardian with the power to consent to 
    adoption;
        (g) (i) the child is 13 years of age or older or (ii) 
    the child is the younger sibling of such child, 13 years of 
    age or older, for whom reinstatement of parental rights is 
    being sought and the younger sibling independently meets 
    the criteria set forth in paragraphs (a) through (h) of 
    this subsection; and
        (h)  if the court has previously denied a motion to 
    reinstate parental rights filed by the Department, there 
    has been a substantial change in circumstances following 
    the denial of the earlier motion.
    (2) The motion may be filed only by the Department of 
Children and Family Services or by the minor.  Unless excused by 
the court for good cause shown, the movant shall give notice of 
the time and place of the hearing on the motion, in person or 
by mail, to the parties to the juvenile court proceeding.  
Notice shall be provided at least 14 days in advance of the 
hearing date.  The motion shall include the allegations required 
in subsection (1) of this Section.
    (3) Any party may file a motion to dismiss the motion with 
prejudice on the basis that the parent has intentionally acted 
to prevent the child from being adopted, after parental rights 
were terminated or the parent intentionally acted to disrupt 
the child's adoption. If the court finds by a
preponderance of 
the evidence that the parent has intentionally acted to prevent 
the child from being adopted, after parental rights were 
terminated or that the parent intentionally acted
to disrupt 
the child's adoption, the court shall dismiss the petition with 
prejudice. 
    (4)  The court shall not grant a motion for reinstatement of 
parental rights unless the court finds that the motion is 
supported by clear and convincing evidence. In ruling on a 
motion to reinstate parental rights, the court shall make 
findings consistent with the requirements in subsection (1) of 
this Section.  The court shall consider the reasons why the 
child was initially brought to the attention of the court, the 
history of the child's case as it relates to the parent seeking 
reinstatement, and the current circumstances of the parent for 
whom reinstatement of rights is sought. If  reinstatement is 
being considered subsequent to a finding of unfitness pursuant 
to Section 2-29 of this Act having been entered with respect to 
the parent whose rights are being restored, the court in 
determining the minor's best interest shall consider, in 
addition to the factors set forth in paragraph (4.05) of 
Section 1-3 of this Act, the specific grounds upon which the 
unfitness findings were made.  Upon the entry of an order 
granting a motion to reinstate parental rights, parental rights 
of the parent named in the order shall be reinstated, any 
previous order appointing a guardian with the power to consent 
to adoption shall be void and with respect to the parent named 
in the order, any consent shall be void.
    (5)  If the case is post-disposition, the court, upon the 
entry of an order granting a motion to reinstate parental 
rights, shall schedule the matter for a permanency hearing 
pursuant to Section 2-28 of this Act within 45 days.
    (6) Custody of the minor shall not be restored to the 
parent, except by order of court pursuant to subsection (4) of 
Section 2-28 of this Act.
    (7)  In any case involving a child over the age of 13 who 
meets the criteria established in this Section for 
reinstatement of parental rights, the Department of Children 
and Family Services shall conduct an assessment of the child's 
circumstances to assist in future planning for the child, 
including, but not limited to a determination regarding the 
appropriateness of filing a motion to reinstate parental 
rights.
    (8) (Blank). This Section is repealed 4 years after the 
effective date of this amendatory Act of the 96th General 
Assembly. 

(Source: P.A. 96-600, eff. 8-21-09; 96-1375, eff. 7-29-10.)
  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.