IL SB1430 | 2009-2010 | 96th General Assembly
Status
Spectrum: Partisan Bill (Republican 2-0)
Status: Engrossed on April 2 2009 - 50% progression, died in committee
Action: 2009-05-31 - Rule 19(a) / Re-referred to Rules Committee
Pending: House Rules Committee
Text: Latest bill text (Engrossed) [HTML]
Status: Engrossed on April 2 2009 - 50% progression, died in committee
Action: 2009-05-31 - Rule 19(a) / Re-referred to Rules Committee
Pending: House Rules Committee
Text: Latest bill text (Engrossed) [HTML]
Summary
Amends the Probate Act of 1975. Provides that the court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor if the minor has a living fit parent (instead of living parent), adoptive parent or adjudicated parent, whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions concerning the minor. Provides that with regard to a parental right to custody, fitness of the parent shall be determined as of the time of the filing of the petition to establish the guardianship. Provides that in determining fitness, the court may consider those grounds set forth in the Adoption Act as grounds for unfitness. Provides that if a parent is found to be unfit, as of the date of filing a petition, he or she shall not automatically be entitled to custody or to terminate a guardianship, even upon the removal of the disability, but shall be required to satisfy the provisions of the Act. Provides that other than a guardianship terminating because the minor reaches the age of majority, a guardianship shall not be terminated by a court unless the court finds, based upon clear and convincing evidence, that there has been a material change in circumstances since the guardianship was created and that termination is in the minor's best interest considering: the integration of the minor into the guardian's family; the effect that removal of the minor from the guardian's care would have on the minor; the minor's relationship with the proposed care giver or parent; the relative economic abilities and physical and emotional abilities of the parties to provide for the minor's needs; and the minor's environment with the guardian compared to the proposed environment.
Title
PROBATE-GUARDIANSHP TERMINATE
Sponsors
Roll Calls
2009-04-02 - Senate - Third Reading in Senate (Y: 53 N: 0 NV: 1 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2009-05-31 | Rule 19(a) / Re-referred to Rules Committee | |
| 2009-05-29 | Final Action Deadline Extended-9(b) May 31, 2009 | |
| 2009-05-22 | Final Action Deadline Extended-9(b) May 29, 2009 | |
| 2009-05-19 | Held on Calendar Order of Second Reading - Short Debate | |
| 2009-05-19 | Second Reading - Short Debate | |
| 2009-05-06 | Placed on Calendar 2nd Reading - Short Debate | |
| 2009-05-06 | Do Pass / Short Debate Judiciary I - Civil Law Committee; 009-005-001 | |
| 2009-04-22 | Added Alternate Chief Co-Sponsor Rep. Joseph M. Lyons | |
| 2009-04-21 | Alternate Chief Sponsor Changed to Rep. Roger L. Eddy | |
| 2009-04-20 | Assigned to Judiciary I - Civil Law Committee | |
| 2009-04-06 | Referred to Rules Committee | |
| 2009-04-06 | First Reading | |
| 2009-04-03 | Chief House Sponsor Rep. Joseph M. Lyons | |
| 2009-04-03 | Placed on Calendar Order of First Reading | |
| 2009-04-03 | Arrived in House | |
| 2009-04-02 | Third Reading - Passed; 057-000-000 | |
| 2009-04-02 | Placed on Calendar Order of 3rd Reading | |
| 2009-04-02 | Senate Floor Amendment No. 1 Adopted; Righter | |
| 2009-04-02 | Recalled to Second Reading | |
| 2009-03-31 | Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 007-000-000 | |
| 2009-03-25 | Senate Floor Amendment No. 1 Assignments Refers to Judiciary | |
| 2009-03-24 | Placed on Calendar Order of 3rd Reading March 25, 2009 | |
| 2009-03-24 | Second Reading | |
| 2009-03-24 | Senate Floor Amendment No. 1 Referred to Assignments | |
| 2009-03-24 | Senate Floor Amendment No. 1 Filed with Secretary by Sen. Dale A. Righter | |
| 2009-03-05 | Added as Co-Sponsor Sen. Kirk W. Dillard | |
| 2009-03-05 | Placed on Calendar Order of 2nd Reading March 6, 2009 | |
| 2009-03-05 | Do Pass Judiciary; 009-000-000 | |
| 2009-02-25 | Assigned to Judiciary | |
| 2009-02-18 | Referred to Assignments | |
| 2009-02-18 | First Reading | |
| 2009-02-18 | Filed with Secretary by Sen. Dale A. Righter |
