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HB4055 Engrossed |
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LRB096 09934 AJO 22482 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Adoption Act is amended by adding Section |
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| 14.5 as follows:
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| (750 ILCS 50/14.5 new) |
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| Sec. 14.5. Petition to adopt by former parent. |
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| (a) For purposes of this Section, the term "former parent" |
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| means a person whose rights were terminated as described in |
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| paragraph (1) or (2). A petition to adopt by a former parent |
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| may be filed regarding any minor who was a ward of the court |
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| under Article II of the Juvenile Court Act of 1987 when: |
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| (1) while the minor was under the jurisdiction of the |
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| court under Article II of the Juvenile Court Act of 1987, |
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| the minor's former parent or former parents surrendered the |
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| minor for adoption to an agency legally authorized to place |
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| children for adoption, or the minor's former parent or |
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| former parents consented to the minor's adoption, or the |
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| former parent's or former parents' rights were terminated |
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| pursuant to a finding of unfitness pursuant to Section 2-29 |
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| of the Juvenile Court Act of 1987 and a guardian was |
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| appointed with the power to consent to adoption pursuant to |
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| Section 2-29 of the Juvenile Court Act of 1987; or |
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LRB096 09934 AJO 22482 b |
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| (2) following the appointment of a guardian with the |
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| right to consent to the adoption of the minor pursuant to |
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| Section 2-29 of the Juvenile Court Act of 1987, the former |
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| parent's or former parents' rights were terminated |
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| pursuant to a finding of unfitness pursuant to Section 13. |
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| A.(d); and |
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| (3) (i) since the signing of the surrender or consent, |
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| or the unfitness finding, the minor remained a ward of the |
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| court and was subsequently adopted by an individual or |
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| individuals who, at the time of the adoption, were |
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| biologically related to the minor as defined in subsection |
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| B of Section 50 and
(ii) either the adoptive parent has |
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| died (or both adoptive parents have died in the case of 2 |
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| adoptive parents) and no standby guardian or standby |
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| adoptive parent has been appointed for the minor, and no |
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| guardian has been appointed by the adoptive parent for the |
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| minor through a will; or due to a mental or physical |
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| impairment
the adoptive parent is no longer able to provide |
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| care for the minor and the adoptive parent has consented in |
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| open court, or by such means as is approved by the court, |
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| to the adoption of the minor by the petitioner; and |
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| (4) the former parent named in the petition wishes to |
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| adopt the minor and meets the criteria established in this |
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| Section to adopt; and |
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| (5) it is in the best interests of the minor to have |
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| 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 |
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| parent now seeking to adopt the minor. |
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| (c) Where a former parent seeks to have a court order for |
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| adoption, the following procedures shall apply: |
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| (1) In addition to the requirements set out in this Act |
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| in Section 5, a petition by a former parent to adopt filed |
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| by a former parent shall include the following allegations: |
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| (A) that his or her parental rights were previously |
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| terminated pursuant to Section 2-29 of the Juvenile |
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| Court Act of 1987; |
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| (B) the basis upon which his or her parental rights |
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| were terminated; |
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| (C) that the petitioner is able and willing to |
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| resume care, custody, and control of the minor; |
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| (D) that the adoptive parent of the minor is |
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| deceased and no standby guardian or standby adoptive |
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| parent has been appointed for the minor, and no |
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| guardian has been appointed by the adoptive parent for |
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| the minor through a will; or, the adoptive parent is no |
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| longer able to provide care for the minor due to a |
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| mental or physical impairment and has consented to the |
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| petitioner's adoption of the minor in open court or by |
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| such means as is approved by the court; and |
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| (E) that it is in the best interests of the minor |
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| to be adopted by the petitioner and for the |
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| petitioner's parental rights to be reinstated. |
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| (2) A former parent shall not have standing to file a |
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| petition for adoption, where the minor is the subject of a |
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| pending petition filed under Article II of the Juvenile |
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| Court Act of 1987. If the minor named in the petition for |
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| adoption is not the subject of a pending petition filed |
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| under Article II of the Juvenile Court Act of 1987, a |
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| former parent shall have standing to file a petition for |
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| adoption only if: the adoptive parent is deceased and no |
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| standby guardian or standby adoptive parent has been |
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| appointed for the minor, and no guardian has been appointed |
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| by the adoptive parent for the minor through a will; or, |
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| the adoptive parent is no longer able to provide care for |
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| the minor due to a mental or physical impairment and has |
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| consented to such adoption in open court or by such means |
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| as is approved by the court. |
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| (d) Interim order. Following presentment of a petition for |
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| adoption by a former parent concerning a child who was |
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| previously named in a petition filed under Article II of the |
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| Juvenile Court Act of 1987 the following procedures and |
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| safeguards shall be employed, in addition to the applicable |
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| requirements set out in this Act, and shall be included in the |
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| written interim order for the adoption by a former parent: |
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| (1) In determining the minor's best interests pursuant |
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| to Section 2-29 of the Juvenile Court Act of 1987 and this |
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| Act, the Court shall consider, in addition to the factors |
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| 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 |
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| brought to the attention of the juvenile court and adoption |
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| proceedings were instituted, the history of the case as it |
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| relates to the former parent seeking adoption, and the |
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| current circumstances of the former parent for whom |
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| adoption is sought. |
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| (2) In any case involving a child who meets these |
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| criteria for adoption by a former parent, the Department of |
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| Children and Family Services shall be appointed as the |
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| investigator as outlined in Section 6 to conduct an |
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| investigation and report to the court (i) the facts and |
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| circumstances which raised concerns as to the petitioner's |
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| ability and willingness to provide adequate care and |
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| protection to children in his or her custody, (ii) an |
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| assessment of the petitioner's current ability and |
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| willingness to provide adequate care and protection for the |
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| child named in the petition, and (iii) any information |
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| which might reasonably raise a concern as to the child's |
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| safety, well being, or best interests should the court |
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| grant the petition to adopt by the former parent. |
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| (3) In selecting the minor's guardian ad litem, |
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| pursuant to subsection (B) of Section 13, whenever |
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| practical, the court shall give preference to the guardian |
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| ad litem who represented the minor in the juvenile court |
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| proceeding. The guardian ad litem shall have the right to |
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| review and copy all records, including juvenile court |
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LRB096 09934 AJO 22482 b |
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| records relating to the petitioner, the minor, and the |
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| minor's siblings and half siblings. |
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| (4) The report of the investigator and the guardian ad |
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| litem shall be presented in writing to the court and shall |
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| serve as a basis for the order of court upon the petition |
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| for adoption by a former parent. |
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| (e) Order of adoption. |
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| (1) If it is proved to the satisfaction of the court, |
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| after such investigation as the court deems necessary, an |
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| order of adoption shall be entered. |
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| (2) An order of adoption shall be final as to all |
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| findings and shall be entered in writing. |
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| (3) Upon the entry of an order granting a petition to |
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| adopt by a former parent, all parental rights of the former |
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| parent named in the order shall be reinstated and the |
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| physical care, custody and control of the minor shall be |
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| reinstated to the former parent. |
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| (4) The order of adoption shall include an order to the |
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| Illinois Department of Public Health to issue a new birth |
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| certificate for the person who is the subject of the |
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| petition for adoption by a former parent.
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| Section 99. Effective date. This Act takes effect July 1, |
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| 2009.
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