Bill Text: IL HB0836 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Probate Act of 1975. Defines "administrative separation". Provides that the court lacks jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if it finds that the minor has a living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Provides that a parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent whose parental rights have not be terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 47-1)

Status: (Enrolled) 2019-05-16 - Passed Both Houses [HB0836 Detail]

Download: Illinois-2019-HB0836-Enrolled.html



HB0836 EnrolledLRB101 07246 LNS 52284 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Probate Act of 1975 is amended by changing
5Sections 11-1, 11-5, 11-5.3, 11-5.4, 11-8, 11-8.1, and 11-13.1
6as follows:
7 (755 ILCS 5/11-1) (from Ch. 110 1/2, par. 11-1)
8 Sec. 11-1. Definitions. As used in this Article: Minor
9defined.)
10 "Administrative separation" means a parent's, legal
11guardian's, legal custodian's, or primary caretaker's: (1)
12arrest, detention, incarceration, removal, or deportation in
13connection with federal immigration enforcement; or (2)
14receipt of official communication by federal, State, or local
15authorities regarding immigration enforcement that gives
16reasonable notice that care and supervision of the child by the
17parent, legal guardian, legal custodian, or primary caretaker
18will be interrupted or cannot be provided.
19 "Minor" means A minor is a person who has not attained the
20age of 18 years. A person who has attained the age of 18 years
21is of legal age for all purposes except as otherwise provided
22in the Illinois Uniform Transfers to Minors Act.
23(Source: P.A. 84-915.)

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1 (755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
2 Sec. 11-5. Appointment of guardian.
3 (a) Upon the filing of a petition for the appointment of a
4guardian or on its own motion, the court may appoint a guardian
5of the estate or of both the person and estate, of a minor, or
6may appoint a guardian of the person only of a minor or minors,
7as the court finds to be in the best interest of the minor or
8minors.
9 (a-1) A parent, adoptive parent or adjudicated parent,
10whose parental rights have not been terminated, may designate
11in any writing, including a will, a person qualified to act
12under Section 11-3 to be appointed as guardian of the person or
13estate, or both, of an unmarried minor or of a child likely to
14be born. A parent, adoptive parent or adjudicated parent, whose
15parental rights have not been terminated, or a guardian or a
16standby guardian of an unmarried minor or of a child likely to
17be born may designate in any writing, including a will, a
18person qualified to act under Section 11-3 to be appointed as
19successor guardian of the minor's person or estate, or both.
20The designation must be witnessed by 2 or more credible
21witnesses at least 18 years of age, neither of whom is the
22person designated as the guardian. The designation may be
23proved by any competent evidence. If the designation is
24executed and attested in the same manner as a will, it shall
25have prima facie validity. The designation of a guardian or

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1successor guardian does not affect the rights of the other
2parent in the minor.
3 (b) The court lacks jurisdiction to proceed on a petition
4for the appointment of a guardian of a minor if it finds that
5(i) the minor has a living parent, adoptive parent or
6adjudicated parent, whose parental rights have not been
7terminated, whose whereabouts are known, and who is willing and
8able to make and carry out day-to-day child care decisions
9concerning the minor, unless: (1) the parent or parents
10voluntarily relinquished physical custody of the minor; (2)
11after receiving notice of the hearing under Section 11-10.1,
12the parent or parents fail to object to the appointment at the
13hearing on the petition; or (3) the parent or parents consent
14to the appointment as evidenced by a written document that has
15been notarized and dated, or by a personal appearance and
16consent in open court; or (4) the parent or parents, due to an
17administrative separation, are unable to give consent to the
18appointment in person or by a notarized, written document as
19evidenced by a sworn affidavit submitted by the petitioner
20describing the parent's or parents' inability to receive notice
21or give consent; or (ii) there is a guardian for the minor
22appointed by a court of competent jurisdiction. There shall be
23a rebuttable presumption that a parent of a minor is willing
24and able to make and carry out day-to-day child care decisions
25concerning the minor, but the presumption may be rebutted by a
26preponderance of the evidence. If a short-term guardian has

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1been appointed for the minor prior to the filing of the
2petition and the petitioner for guardianship is not the
3short-term guardian, there shall be a rebuttable presumption
4that it is in the best interest of the minor to remain in the
5care of the short-term guardian. The petitioner shall have the
6burden of proving by a preponderance of the evidence that it is
7not in the child's best interest to remain with the short-term
8guardian.
9 (b-1) If the court finds the appointment of a guardian of
10the minor to be in the best interest of the minor, and if a
11standby guardian has previously been appointed for the minor
12under Section 11-5.3, the court shall appoint the standby
13guardian as the guardian of the person or estate, or both, of
14the minor unless the court finds, upon good cause shown, that
15the appointment would no longer be in the best interest of the
16minor.
17 (c) If the minor is 14 years of age or more, the minor may
18nominate the guardian of the minor's person and estate, subject
19to approval of the court. If the minor's nominee is not
20approved by the court or if, after notice to the minor, the
21minor fails to nominate a guardian of the minor's person or
22estate, the court may appoint the guardian without nomination.
23 (d) The court shall not appoint as guardian of the person
24of the minor any person whom the court has determined had
25caused or substantially contributed to the minor becoming a
26neglected or abused minor as defined in the Juvenile Court Act

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1of 1987, unless 2 years have elapsed since the last proven
2incident of abuse or neglect and the court determines that
3appointment of such person as guardian is in the best interests
4of the minor.
5 (e) Previous statements made by the minor relating to any
6allegations that the minor is an abused or neglected child
7within the meaning of the Abused and Neglected Child Reporting
8Act, or an abused or neglected minor within the meaning of the
9Juvenile Court Act of 1987, shall be admissible in evidence in
10a hearing concerning appointment of a guardian of the person or
11estate of the minor. No such statement, however, if
12uncorroborated and not subject to cross-examination, shall be
13sufficient in itself to support a finding of abuse or neglect.
14(Source: P.A. 98-1082, eff. 1-1-15.)
15 (755 ILCS 5/11-5.3)
16 Sec. 11-5.3. Appointment of standby guardian.
17 (a) A parent, adoptive parent, or adjudicated parent whose
18parental rights have not been terminated, or the guardian of
19the person of a minor may designate in any writing, including a
20will, a person qualified to act under Section 11-3 to be
21appointed as standby guardian of the person or estate, or both,
22of an unmarried minor or of a child likely to be born. A
23parent, adoptive parent, or adjudicated parent whose parental
24rights have not been terminated, or the guardian of the person
25of a minor or a standby guardian of an unmarried minor or of a

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1child likely to be born may designate in any writing, including
2a will, a person qualified to act under Section 11-3 to be
3appointed as successor standby guardian of the minor's person
4or estate, or both. The designation must be witnessed by 2 or
5more credible witnesses at least 18 years of age, neither of
6whom is the person designated as the standby guardian. The
7designation may be proved by any competent evidence. If the
8designation is executed and attested in the same manner as a
9will, it shall have prima facie validity. The designation of a
10standby guardian or successor standby guardian does not affect
11the rights of the other parent in the minor.
12 (b) Upon the filing of a petition for the appointment of a
13standby guardian, the court may appoint a standby guardian of
14the person or estate, or both, of a minor as the court finds to
15be in the best interest of the minor.
16 (c) The court lacks jurisdiction to proceed on a petition
17for the appointment of a standby guardian of a minor if the
18minor has a living parent, adoptive parent or adjudicated
19parent, whose parental rights have not been terminated, whose
20whereabouts are known, and who is willing and able to make and
21carry out day-to-day child care decisions concerning the minor,
22unless the parent or parents: (1) consent to the appointment;
23(2) or, after receiving notice of the hearing under Section
2411-10.1, fail to object to the appointment at the hearing on
25the petition; or (3) due to an administrative separation, are
26unable to give consent to the appointment in person or by a

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1notarized, written document as evidenced by a sworn affidavit
2submitted by the petitioner describing the parent's or parents'
3inability to receive notice or give consent. There shall be a
4rebuttable presumption that a parent of a minor is willing and
5able to make and carry out day-to-day child care decisions
6concerning the minor, but the presumption may be rebutted by a
7preponderance of the evidence.
8 (d) The standby guardian shall take and file an oath or
9affirmation that the standby guardian will faithfully
10discharge the duties of the office of standby guardian
11according to law, and shall file in and have approved by the
12court a bond binding the standby guardian so to do, but shall
13not be required to file a bond until the standby guardian
14assumes all duties as guardian of the minor under Section
1511-13.1.
16 (e) The designation of a standby guardian may, but need
17not, be in the following form:
18
DESIGNATION OF STANDBY GUARDIAN
19 [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
20 A standby guardian is someone who has been appointed by the
21court as the person who will act as guardian of the child when
22the child's parents or the guardian of the person of the child
23die or are no longer willing or able to make and carry out
24day-to-day child care decisions concerning the child. By

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1properly completing this form, a parent or the guardian of the
2person of the child is naming the person that the parent or the
3guardian wants to be appointed as the standby guardian of the
4child or children. Both parents of a child may join together
5and co-sign this form. Signing the form does not appoint the
6standby guardian; to be appointed, a petition must be filed in
7and approved by the court.]
8 1. Parent (or guardian) and Children. I, (insert name
9 of designating parent or guardian), currently residing at
10 (insert address of designating parent or guardian), am a
11 parent (or the guardian of the person) of the following
12 child or children (or of a child likely to be born):
13 (insert name and date of birth of each child, or insert the
14 words "not yet born" to designate a standby guardian for a
15 child likely to be born and the child's expected date of
16 birth).
17 2. Standby Guardian. I hereby designate the following
18 person to be appointed as standby guardian for the child or
19 children listed above (insert name and address of person
20 designated).
21 3. Successor Standby Guardian. If the person named in
22 item 2 above cannot or will not act as standby guardian, I
23 designate the following person to be appointed as successor
24 standby guardian for the child or children: (insert name
25 and address of person designated).
26 4. Date and Signature. This designation is made this

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1 (insert day) day of (insert month and year).
2 Signed: (designating parent or guardian)
3 5. Witnesses. I saw the parent (or the guardian of the
4 person of the child) sign this designation or the parent
5 (or the guardian of the person of the child) told me that
6 (he or she) signed this designation. Then I signed the
7 designation as a witness in the presence of the parent (or
8 the guardian). I am not designated in this instrument to
9 act as a standby guardian for the child or children.
10 (insert space for names, addresses, and signatures of 2
11 witnesses).
12(Source: P.A. 90-796, eff. 12-15-98.)
13 (755 ILCS 5/11-5.4)
14 Sec. 11-5.4. Short-term guardian.
15 (a) A parent, adoptive parent, or adjudicated parent whose
16parental rights have not been terminated, or the guardian of
17the person of a minor may appoint in writing, without court
18approval, a short-term guardian of an unmarried minor or a
19child likely to be born. The written instrument appointing a
20short-term guardian shall be dated and shall identify the
21appointing parent or guardian, the minor, and the person
22appointed to be the short-term guardian. The written instrument
23shall be signed by, or at the direction of, the appointing
24parent in the presence of at least 2 credible witnesses at
25least 18 years of age, neither of whom is the person appointed

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1as the short-term guardian. The person appointed as the
2short-term guardian shall also sign the written instrument, but
3need not sign at the same time as the appointing parent.
4 (b) A parent or guardian shall not appoint a short-term
5guardian of a minor if the minor has another living parent,
6adoptive parent or adjudicated parent, whose parental rights
7have not been terminated, whose whereabouts are known, and who
8is willing and able to make and carry out day-to-day child care
9decisions concerning the minor, unless the nonappointing
10parent consents to the appointment by signing the written
11instrument of appointment.
12 (c) The appointment of the short-term guardian is effective
13immediately upon the date the written instrument is executed,
14unless the written instrument provides for the appointment to
15become effective upon a later specified date or event. Except
16as provided in subsection (e-5) or (e-10) of this Section, the
17short-term guardian shall have authority to act as guardian of
18the minor as provided in Section 11-13.2 for a period of 365
19days from the date the appointment is effective, unless the
20written instrument provides for the appointment to terminate
21upon a different specified date or event as permitted by this
22Section. Only one written instrument appointing a short-term
23guardian may be in force at any given time.
24 (d) Every appointment of a short-term guardian may be
25amended or revoked by the appointing parent or by the
26appointing guardian of the person of the minor at any time and

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1in any manner communicated to the short-term guardian or to any
2other person. Any person other than the short-term guardian to
3whom a revocation or amendment is communicated or delivered
4shall make all reasonable efforts to inform the short-term
5guardian of that fact as promptly as possible.
6 (d-5) Except as provided in subsection (e-5) or (e-10), a
7short-term guardian appointed as the result of an
8administrative separation may renew a short-term guardianship
9for an additional 365 days from the date the initial
10appointment expires if the administrative separation is still
11in effect, unless the written instrument provides for the
12appointment to terminate upon a different date or event as
13permitted by this Section.
14 (e) The appointment of a short-term guardian or successor
15short-term guardian does not affect the rights of the other
16parent in the minor. The short-term guardian appointment does
17not constitute consent for court appointment of a guardian.
18 (e-5) Any time after the appointment of a temporary
19custodian under Section 2-10, 3-12, 4-9, 5-410, or 5-501 of the
20Juvenile Court Act of 1987, and after notice to all parties,
21including the short-term guardian, as required by the Juvenile
22Court Act of 1987, a court may vacate any short-term
23guardianship for the minor appointed under this Section,
24provided the vacation is consistent with the minor's best
25interests as determined using the factors listed in paragraph
26(4.05) of Section 1-3 of the Juvenile Court Act of 1987.

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1 (e-10) A parent or guardian who is a member of the Armed
2Forces of the United States, including any reserve component
3thereof, or the commissioned corps of the National Oceanic and
4Atmospheric Administration or the Public Health Service of the
5United States Department of Health and Human Services detailed
6by proper authority for duty with the Armed Forces of the
7United States, or who is required to enter or serve in the
8active military service of the United States under a call or
9order of the President of the United States or to serve on
10State active duty, may appoint a short-term guardian for a
11period of longer than 365 days if on active duty service. The
12writing appointing the short-term guardian under this
13subsection shall include the dates of the parent's or
14guardian's active duty service, and the appointment may not
15exceed the term of active duty plus 30 days.
16 (f) The written instrument appointing a short-term
17guardian may, but need not, be in the following form:
18
APPOINTMENT OF SHORT-TERM GUARDIAN
19
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
20 By properly completing this form, a parent or the guardian
21of the person of the child is appointing a guardian of a child
22of the parent (or a minor ward of the guardian, as the case may
23be) for a period of up to 365 days. A separate form should be
24completed for each child. The person appointed as the guardian

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1must sign the form, but need not do so at the same time as the
2parent or parents or guardian.
3 If you are a parent or guardian who is a member of the
4Armed Forces of the United States, including any reserve
5component thereof, or the commissioned corps of the National
6Oceanic and Atmospheric Administration or the Public Health
7Service of the United States Department of Health and Human
8Services detailed by proper authority for duty with the Armed
9Forces of the United States, or who is required to enter or
10serve in the active military service of the United States under
11a call or order of the President of the United States or to
12serve on State active duty, you may appoint a short-term
13guardian for your child for the period of your active duty
14service plus 30 days. When executing this form, include the
15date your active duty service is scheduled to begin in part 3
16and the date your active duty service is scheduled to end in
17part 4.
18 This form may not be used to appoint a guardian if there is
19a guardian already appointed for the child, except that if a
20guardian of the person of the child has been appointed, that
21guardian may use this form to appoint a short-term guardian.
22Both living parents of a child may together appoint a guardian
23of the child, or the guardian of the person of the child may
24appoint a guardian of the child, for a period of up to 365 days
25through the use of this form. If the short-term guardian is
26appointed by both living parents of the child, the parents need

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1not sign the form at the same time.]
2 1. Parent (or guardian) and Child. I, (insert name of
3 appointing parent or guardian), currently residing at
4 (insert address of appointing parent or guardian), am a
5 parent (or the guardian of the person) of the following
6 child (or of a child likely to be born): (insert name and
7 date of birth of child, or insert the words "not yet born"
8 to appoint a short-term guardian for a child likely to be
9 born and the child's expected date of birth).
10 2. Guardian. I hereby appoint the following person as
11 the short-term guardian for the child: (insert name and
12 address of appointed person).
13 3. Effective date. This appointment becomes effective:
14 (check one if you wish it to be applicable)
15 ( ) On the date that I state in writing that I am
16 no longer either willing or able to make and carry out
17 day-to-day child care decisions concerning the child.
18 ( ) On the date that a physician familiar with my
19 condition certifies in writing that I am no longer
20 willing or able to make and carry out day-to-day child
21 care decisions concerning the child.
22 ( ) On the date that I am admitted as an in-patient
23 to a hospital or other health care institution.
24 ( ) On the following date: (insert date).
25 ( ) On the date my active duty service begins:
26 (insert date).

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1 ( ) Upon an administrative separation, as defined
2 in Section 11-1.
3 ( ) Other: (insert other).
4[NOTE: If this item is not completed, the appointment is
5effective immediately upon the date the form is signed and
6dated below.]
7 4. Termination. This appointment shall terminate 365
8 days after the effective date, unless it terminates as
9 determined by the event or date I have indicated below:
10 (check one if you wish it to be applicable)
11 ( ) On the date that I state in writing that I am
12 willing and able to make and carry out day-to-day child
13 care decisions concerning the child, but not more than
14 365 days after the effective date.
15 ( ) On the date that a physician familiar with my
16 condition certifies in writing that I am willing and
17 able to make and carry out day-to-day child care
18 decisions concerning the child, but not more than 365
19 days after the effective date.
20 ( ) On the date that I am discharged from the
21 hospital or other health care institution where I was
22 admitted as an in-patient, which established the
23 effective date, but not more than 365 days after the
24 effective date.
25 ( ) On the date which is (state a number of days,
26 but no more than 365 days) days after the effective

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1 date.
2 ( ) On the date no more than 30 days after my
3 active duty service is scheduled to end: (insert date
4 active duty service is scheduled to end).
5 ( ) In the event the administrative separation, as
6 defined in Section 11-1, has been resolved.
7 ( ) Other: (insert other).
8[NOTE: If this item is not completed, the appointment will be
9effective for a period of 365 days, beginning on the effective
10date.]
11 5. Date and signature of appointing parent or guardian.
12 This appointment is made this (insert day) day of (insert
13 month and year).
14 Signed: (appointing parent)
15 6. Witnesses. I saw the parent (or the guardian of the
16 person of the child) sign this instrument or I saw the
17 parent (or the guardian of the person of the child) direct
18 someone to sign this instrument for the parent (or the
19 guardian). Then I signed this instrument as a witness in
20 the presence of the parent (or the guardian). I am not
21 appointed in this instrument to act as the short-term
22 guardian for the child. (Insert space for names, addresses,
23 and signatures of 2 witnesses)
24 7. Acceptance of short-term guardian. I accept this
25 appointment as short-term guardian on this (insert day) day
26 of (insert month and year).

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1 Signed: (short-term guardian)
2 8. Consent of child's other parent. I, (insert name of
3 the child's other living parent), currently residing at
4 (insert address of child's other living parent), hereby
5 consent to this appointment on this (insert day) day of
6 (insert month and year).
7 Signed: (consenting parent)
8[NOTE: The signature of a consenting parent is not necessary if
9one of the following applies: (i) the child's other parent has
10died; or (ii) the whereabouts of the child's other parent are
11not known; or (iii) the child's other parent is not willing or
12able to make and carry out day-to-day child care decisions
13concerning the child; or (iv) the child's parents were never
14married and no court has issued an order establishing
15parentage.]
16(Source: P.A. 98-568, eff. 1-1-14; 98-1082, eff. 1-1-15;
1799-599, eff. 1-1-17.)
18 (755 ILCS 5/11-8) (from Ch. 110 1/2, par. 11-8)
19 Sec. 11-8. Petition for guardian of minor.
20 (a) The petition for appointment of a guardian of the
21estate, or of both the person and estate, of a minor, or for
22appointment of the guardian of the person only of a minor or
23minors must state, if known: (1) the name, date of birth and
24residence of the minor; (2) the names and post office addresses
25of the nearest relatives of the minor in the following order:

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1(i) the spouse, if any; if none, (ii) the parents, adult
2brothers and sisters, and the short-term guardian, if any; if
3none, (iii) the nearest adult kindred; (3) the name and post
4office address of the person having the custody of the minor;
5(4) the approximate value of the personal estate; (5) the
6amount of the anticipated gross annual income and other
7receipts; (6) the name, post office address and, in case of an
8individual, the age and occupation of the proposed guardian;
9(7) the facts concerning the execution or admission to probate
10of the written designation of the guardian, if any, a copy of
11which shall be attached to or filed with the petition; and (8)
12the facts concerning any juvenile, adoption, parentage,
13dissolution, or guardianship court proceedings actions pending
14concerning the minor or the parents of the minor and whether
15any guardian is currently acting for the minor. In addition, if
16the petition seeks the appointment of a previously appointed
17standby guardian as guardian of the minor, the petition must
18also state: (9) the facts concerning the standby guardian's
19previous appointment and (10) the date of death of the minor's
20parent or parents or the facts concerning the consent of the
21minor's parent or parents to the appointment of the standby
22guardian as guardian, or the willingness and ability of the
23minor's parent or parents to make and carry out day-to-day
24child care decisions concerning the minor.
25 The petition must include facts concerning an
26administrative separation of the parent or parents including

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1the date of the separation and the known or presumed location
2of the parent or parents and any documentation related to an
3administrative separation, including, but not limited to,
4information contained in the online detainee locator system.
5Documentation related to an administrative separation shall be
6attached to the petition as an exhibit.
7 If a short-term guardian who has been appointed by the
8minor's parent or guardian prior to the filing of the petition
9subsequently petitions for court-ordered guardianship of the
10minor, the petition shall state the facts concerning the
11appointment of the short-term guardian, including: (i) the date
12of the appointment; (ii) the circumstances surrounding the
13appointment; (iii) the date the short-term guardian
14appointment ends; and (iv) the reasons why a court-ordered
15guardian is also needed for the minor. A copy of the short-term
16guardianship appointment shall be attached to the petition.
17 (b) A single petition for appointment of only a guardian of
18the person of a minor may include more than one minor. The
19statements required in items (1) and (2) of subsection (a)
20shall be listed separately for each minor.
21(Source: P.A. 98-1082, eff. 1-1-15.)
22 (755 ILCS 5/11-8.1)
23 Sec. 11-8.1. Petition for standby guardian of minor. The
24petition for appointment of a standby guardian of the person or
25the estate, or both, of a minor must state, if known: (a) the

HB0836 Enrolled- 20 -LRB101 07246 LNS 52284 b
1name, date of birth, and residence of the minor; (b) the names
2and post office addresses of the nearest relatives of the minor
3in the following order: (1) the parents, if any; (2) the adult
4brothers and sisters, if any; if none, (3) the nearest adult
5kindred; (4) the short-term guardian, if any; (c) the name and
6post office address of the person having custody of the minor;
7(d) the name, post office address, and, in case of any
8individual, the age and occupation of the proposed standby
9guardian; (e) the facts concerning the consent of the minor's
10parent or parents or the guardian of the person of the minor to
11the appointment of the standby guardian, or the willingness and
12ability of the minor's parent or parents, if any, or the
13guardian of the person of the minor to make and carry out
14day-to-day child care decisions concerning the minor; (f) the
15facts concerning the execution or admission to probate of the
16written designation of the standby guardian, if any, a copy of
17which shall be attached to or filed with the petition; and (g)
18the facts concerning any juvenile, adoption, parentage,
19dissolution, or guardianship court proceedings actions pending
20concerning the minor or the parents of the minor and whether
21any guardian is currently acting for the minor. If a short-term
22guardian has been appointed by the minor's parent or guardian
23and subsequently petitions for standby guardianship of the
24minor, the petition shall state the facts concerning the
25appointment of the short-term guardian, including: (i) the date
26of the appointment; (ii) the circumstances surrounding the

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1appointment; (iii) the date the short-term guardian
2appointment ends; and (iv) the reasons why a standby guardian
3is also needed for the minor. A copy of the short-term
4guardianship appointment shall be attached to the petition.
5 The petition must include facts concerning an
6administrative separation of the parent or parents including
7the date of the separation and the known or presumed location
8of the parent or parents and any documentation related to an
9administrative separation, including, but not limited to,
10information contained in the online detainee locator system.
11Documentation related to an administrative separation shall be
12attached to the petition as an exhibit.
13(Source: P.A. 98-1082, eff. 1-1-15.)
14 (755 ILCS 5/11-13.1)
15 Sec. 11-13.1. Duties of standby guardian of a minor.
16 (a) Before a standby guardian of a minor may act, the
17standby guardian must be appointed by the court of the proper
18county and, in the case of a standby guardian of the minor's
19estate, the standby guardian must give the bond prescribed in
20subsection (d) of Section 11-5.3 and Section 12-2.
21 (b) The standby guardian shall not have any duties or
22authority to act until the standby guardian receives knowledge
23(i) of: (i) the death or consent of the minor's parent or
24parents or of the guardian of the person of the minor; , or
25(ii) the inability of the minor's parent or parents or of the

HB0836 Enrolled- 22 -LRB101 07246 LNS 52284 b
1guardian of the person of the minor to make and carry out
2day-to-day child care decisions concerning the minor for whom
3the standby guardian has been appointed; or (iii) an
4administrative separation. This inability to make and carry out
5day-to-day child care decisions may be communicated either by
6the parent's or the guardian's own admission or by the written
7certification of the parent's or guardian's attending
8physician. Immediately upon receipt of that knowledge, the
9standby guardian shall assume all duties as guardian of the
10minor as previously determined by the order appointing the
11standby guardian, and as set forth in Section 11-13, and the
12standby guardian of the person shall have the authority to act
13as guardian of the person without direction of court for a
14period of up to 60 days, provided that the authority of the
15standby guardian may be limited or terminated by a court of
16competent jurisdiction.
17 (c) Within 60 days of the standby guardian's receipt of
18knowledge of (i) the death or consent of the minor's parent or
19parents or guardian or (ii) the inability of the minor's parent
20or parents or guardian to make and carry out day-to-day child
21care decisions concerning the minor, the standby guardian shall
22file or cause to be filed a petition for the appointment of a
23guardian of the person or estate, or both, of the minor under
24Section 11-5.
25(Source: P.A. 90-796, eff. 12-15-98.)
26 Section 99. Effective date. This Act takes effect upon

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1becoming law.
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