Bill Text: IL HB4055 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Adoption Act. Provides that a former parent whose parental rights have been terminated pursuant to a surrender of the minor for adoption, a consent to the minor's adoption, or a finding of unfitness of the parent may petition for those rights to be reinstated if the adoptive parent dies or is incapable of caring for the child due to a physical or mental impairment and consents to the reinstatement of parental rights. Provides that, before granting a petition for reinstatement, the court must consider the petitioner's current abilities, the best interests of the minor and the basis for the termination of parental rights. Contains other provisions. Effective July 1, 2009.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB4055 Detail]

Download: Illinois-2009-HB4055-Engrossed.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Adoption Act is amended by adding Section
14.5 as follows:
(750 ILCS 50/14.5 new)
Sec. 14.5. Petition to adopt by former parent.
(a) For purposes of this Section, the term "former parent"
means a person whose rights were terminated as described in
paragraph (1) or (2). A petition to adopt by a former parent
may be filed regarding any minor who was a ward of the court
under Article II of the Juvenile Court Act of 1987 when:
(1) while the minor was under the jurisdiction of the
court under Article II of the Juvenile Court Act of 1987,
the minor's former parent or former parents surrendered the
minor for adoption to an agency legally authorized to place
children for adoption, or the minor's former parent or
former parents consented to the minor's adoption, or the
former parent's or former parents' rights were terminated
pursuant to a finding of unfitness pursuant to Section 2-29
of the Juvenile Court Act of 1987 and a guardian was
appointed with the power to consent to adoption pursuant to
Section 2-29 of the Juvenile Court Act of 1987; or

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(2) following the appointment of a guardian with the
right to consent to the adoption of the minor pursuant to
Section 2-29 of the Juvenile Court Act of 1987, the former
parent's or former parents' rights were terminated
pursuant to a finding of unfitness pursuant to Section 13.
A.(d); and
(3) (i) since the signing of the surrender or consent,
or the unfitness finding, the minor remained a ward of the
court and was subsequently adopted by an individual or
individuals who, at the time of the adoption, were
biologically related to the minor as defined in subsection
B of Section 50 and (ii) either the adoptive parent has
died (or both adoptive parents have died in the case of 2
adoptive parents) and no standby guardian or standby
adoptive parent has been appointed for the minor, and no
guardian has been appointed by the adoptive parent for the
minor through a will; or due to a mental or physical
impairment the adoptive parent is no longer able to provide
care for the minor and the adoptive parent has consented in
open court, or by such means as is approved by the court,
to the adoption of the minor by the petitioner; and
(4) the former parent named in the petition wishes to
adopt the minor and meets the criteria established in this
Section to adopt; and
(5) it is in the best interests of the minor to have
the petitioner adopt and have parental rights reinstated.

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(b) The petition may be filed by any party or by the former
parent now seeking to adopt the minor.
(c) Where a former parent seeks to have a court order for
adoption, the following procedures shall apply:
(1) In addition to the requirements set out in this Act
in Section 5, a petition by a former parent to adopt filed
by a former parent shall include the following allegations:
(A) that his or her parental rights were previously
terminated pursuant to Section 2-29 of the Juvenile
Court Act of 1987;
(B) the basis upon which his or her parental rights
were terminated;
(C) that the petitioner is able and willing to
resume care, custody, and control of the minor;
(D) that the adoptive parent of the minor is
deceased and no standby guardian or standby adoptive
parent has been appointed for the minor, and no
guardian has been appointed by the adoptive parent for
the minor through a will; or, the adoptive parent is no
longer able to provide care for the minor due to a
mental or physical impairment and has consented to the
petitioner's adoption of the minor in open court or by
such means as is approved by the court; and
(E) that it is in the best interests of the minor
to be adopted by the petitioner and for the
petitioner's parental rights to be reinstated.

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(2) A former parent shall not have standing to file a
petition for adoption, where the minor is the subject of a
pending petition filed under Article II of the Juvenile
Court Act of 1987. If the minor named in the petition for
adoption is not the subject of a pending petition filed
under Article II of the Juvenile Court Act of 1987, a
former parent shall have standing to file a petition for
adoption only if: the adoptive parent is deceased and no
standby guardian or standby adoptive parent has been
appointed for the minor, and no guardian has been appointed
by the adoptive parent for the minor through a will; or,
the adoptive parent is no longer able to provide care for
the minor due to a mental or physical impairment and has
consented to such adoption in open court or by such means
as is approved by the court.
(d) Interim order. Following presentment of a petition for
adoption by a former parent concerning a child who was
previously named in a petition filed under Article II of the
Juvenile Court Act of 1987 the following procedures and
safeguards shall be employed, in addition to the applicable
requirements set out in this Act, and shall be included in the
written interim order for the adoption by a former parent:
(1) In determining the minor's best interests pursuant
to Section 2-29 of the Juvenile Court Act of 1987 and this
Act, the Court shall consider, in addition to the factors
set forth in subsection 4.05 of Section 1-3 of the Juvenile

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Court Act of 1987, the reasons why the case was initially
brought to the attention of the juvenile court and adoption
proceedings were instituted, the history of the case as it
relates to the former parent seeking adoption, and the
current circumstances of the former parent for whom
adoption is sought.
(2) In any case involving a child who meets these
criteria for adoption by a former parent, the Department of
Children and Family Services shall be appointed as the
investigator as outlined in Section 6 to conduct an
investigation and report to the court (i) the facts and
circumstances which raised concerns as to the petitioner's
ability and willingness to provide adequate care and
protection to children in his or her custody, (ii) an
assessment of the petitioner's current ability and
willingness to provide adequate care and protection for the
child named in the petition, and (iii) any information
which might reasonably raise a concern as to the child's
safety, well being, or best interests should the court
grant the petition to adopt by the former parent.
(3) In selecting the minor's guardian ad litem,
pursuant to subsection (B) of Section 13, whenever
practical, the court shall give preference to the guardian
ad litem who represented the minor in the juvenile court
proceeding. The guardian ad litem shall have the right to
review and copy all records, including juvenile court

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records relating to the petitioner, the minor, and the
minor's siblings and half siblings.
(4) The report of the investigator and the guardian ad
litem shall be presented in writing to the court and shall
serve as a basis for the order of court upon the petition
for adoption by a former parent.
(e) Order of adoption.
(1) If it is proved to the satisfaction of the court,
after such investigation as the court deems necessary, an
order of adoption shall be entered.
(2) An order of adoption shall be final as to all
findings and shall be entered in writing.
(3) Upon the entry of an order granting a petition to
adopt by a former parent, all parental rights of the former
parent named in the order shall be reinstated and the
physical care, custody and control of the minor shall be
reinstated to the former parent.
(4) The order of adoption shall include an order to the
Illinois Department of Public Health to issue a new birth
certificate for the person who is the subject of the
petition for adoption by a former parent.
Section 99. Effective date. This Act takes effect July 1,
2009.