Roll Call: IL SB3386 | 2009-2010 | 96th General Assembly
For additional roll call votes on Illinois SB3386 please see the Vote List
Bill Title: Amends the Probate Act of 1975. In provisions setting forth circumstances under which the court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor, adds language permitting a petition if the parent or parents voluntarily relinquished physical custody of the minor, revises language permitting a petition if the parent or parents consent to the appointment, and makes other changes. Provides that upon the filing of a petition by a minor's living, adoptive, or adjudicated parent whose parental rights have not been terminated, the court shall discharge the guardian and terminate the guardianship if the parent establishes, by a preponderance of the evidence, that a material change in the circumstances of the minor or the parent has occurred since the guardian's appointment unless the guardian establishes, by clear and convincing evidence, that termination of the guardianship would not be in the best interests of the minor. Sets forth factors to be considered by the court in determining the minor's best interests. Repeals provisions concerning the parental right to custody.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-07-27 - Public Act . . . . . . . . . 96-1338 [SB3386 Detail]
Text: Latest bill text (Enrolled) [HTML]
Bill Title: Amends the Probate Act of 1975. In provisions setting forth circumstances under which the court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor, adds language permitting a petition if the parent or parents voluntarily relinquished physical custody of the minor, revises language permitting a petition if the parent or parents consent to the appointment, and makes other changes. Provides that upon the filing of a petition by a minor's living, adoptive, or adjudicated parent whose parental rights have not been terminated, the court shall discharge the guardian and terminate the guardianship if the parent establishes, by a preponderance of the evidence, that a material change in the circumstances of the minor or the parent has occurred since the guardian's appointment unless the guardian establishes, by clear and convincing evidence, that termination of the guardianship would not be in the best interests of the minor. Sets forth factors to be considered by the court in determining the minor's best interests. Repeals provisions concerning the parental right to custody.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-07-27 - Public Act . . . . . . . . . 96-1338 [SB3386 Detail]
Text: Latest bill text (Enrolled) [HTML]
Vote: Third Reading in Senate
| Vote | Tally | Democrat | Republican |
|---|---|---|---|
| Yea | 46 | 30 | 16 |
| Nay | - | - | - |
| Not Voting | 13 | 7 | 6 |
| Absent | - | - | - |
| TOTAL | 59 | 37 | 22 |
