98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3147

 

Introduced , by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/2-34

    Amends the Juvenile Court Act of 1987. Provides that a motion to reinstate parental rights may be filed only by the Department of Children and Family Services or the minor regarding any minor who is presently a ward of the court under the Abused, Neglected, or Dependent Minors Article of the Act when certain specified conditions are met. Deletes that the Section concerning a motion to reinstate parental rights is repealed 4 years after its effective date (August 21, 2013). Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 2-34 as follows:
 
6    (705 ILCS 405/2-34)
7    (Section scheduled to be repealed on August 21, 2013)
8    Sec. 2-34. Motion to reinstate parental rights.
9    (1) For purposes of this subsection (1), the term "parent"
10refers to the person or persons whose rights were terminated as
11described in paragraph (a) of this subsection; and the term
12"minor" means a person under the age of 21 years subject to
13this Act for whom the Department of Children and Family
14Services Guardianship Administrator is appointed the temporary
15custodian or guardian.
16    A motion to reinstate parental rights may be filed only by
17the Department of Children and Family Services or the minor
18regarding any minor who is presently a ward of the court under
19Article II of this Act when all the conditions set out in
20paragraphs (a), (b), (c), (d), (e), (f), and (g) of this
21subsection (1) are met:
22        (a) while the minor was under the jurisdiction of the
23    court under Article II of this Act, the minor's parent or

 

 

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1    parents surrendered the minor for adoption to an agency
2    legally authorized to place children for adoption, or the
3    minor's parent or parents consented to his or her adoption,
4    or the minor's parent or parents consented to his or her
5    adoption by a specified person or persons, or the parent or
6    parents' rights were terminated pursuant to a finding of
7    unfitness pursuant to Section 2-29 of this Act and a
8    guardian was appointed with the power to consent to
9    adoption pursuant to Section 2-29 of this Act; and
10        (b) (i) since the signing of the surrender, the signing
11    of the consent, or the unfitness finding, the minor has
12    remained a ward of the Court under Article II of this Act;
13    or
14        (ii) the minor was made a ward of the Court, the minor
15    was placed in the private guardianship of an individual or
16    individuals, and after the appointment of a private
17    guardian and a new petition alleging abuse, neglect, or
18    dependency pursuant to Section 2-3 or 2-4 is filed, and the
19    minor is again found by the court to be abused, neglected
20    or dependent; or a supplemental petition to reinstate
21    wardship is filed pursuant to Section 2-33, and the court
22    reinstates wardship; or
23        (iii) the minor was made a ward of the Court, wardship
24    was terminated after the minor was adopted, after the
25    adoption a new petition alleging abuse, neglect, or
26    dependency pursuant to Section 2-3 or 2-4 is filed, and the

 

 

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1    minor is again found by the court to be abused, neglected,
2    or dependent, and either (i) the adoptive parent or parents
3    are deceased, (ii) the adoptive parent or parents signed a
4    surrender of parental rights, or (iii) the parental rights
5    of the adoptive parent or parents were terminated;
6        (c) the minor is not currently in a placement likely to
7    achieve permanency;
8        (d) it is in the minor's best interest that parental
9    rights be reinstated;
10        (e) the parent named in the motion wishes parental
11    rights to be reinstated and is currently appropriate to
12    have rights reinstated;
13        (f) more than 3 years have lapsed since the signing of
14    the consent or surrender, or the entry of the order
15    appointing a guardian with the power to consent to
16    adoption;
17        (g) (i) the child is 13 years of age or older or (ii)
18    the child is the younger sibling of such child, 13 years of
19    age or older, for whom reinstatement of parental rights is
20    being sought and the younger sibling independently meets
21    the criteria set forth in paragraphs (a) through (h) of
22    this subsection; and
23        (h) if the court has previously denied a motion to
24    reinstate parental rights filed by the Department, there
25    has been a substantial change in circumstances following
26    the denial of the earlier motion.

 

 

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1    (2) The motion may be filed only by the Department of
2Children and Family Services. Unless excused by the court for
3good cause shown, the movant shall give notice of the time and
4place of the hearing on the motion, in person or by mail, to
5the parties to the juvenile court proceeding. Notice shall be
6provided at least 14 days in advance of the hearing date. The
7motion shall include the allegations required in subsection (1)
8of this Section.
9    (3) Any party may file a motion to dismiss the motion with
10prejudice on the basis that the parent has intentionally acted
11to prevent the child from being adopted, after parental rights
12were terminated or the parent intentionally acted to disrupt
13the child's adoption. If the court finds by a preponderance of
14the evidence that the parent has intentionally acted to prevent
15the child from being adopted, after parental rights were
16terminated or that the parent intentionally acted to disrupt
17the child's adoption, the court shall dismiss the petition with
18prejudice.
19    (4) The court shall not grant a motion for reinstatement of
20parental rights unless the court finds that the motion is
21supported by clear and convincing evidence. In ruling on a
22motion to reinstate parental rights, the court shall make
23findings consistent with the requirements in subsection (1) of
24this Section. The court shall consider the reasons why the
25child was initially brought to the attention of the court, the
26history of the child's case as it relates to the parent seeking

 

 

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1reinstatement, and the current circumstances of the parent for
2whom reinstatement of rights is sought. If reinstatement is
3being considered subsequent to a finding of unfitness pursuant
4to Section 2-29 of this Act having been entered with respect to
5the parent whose rights are being restored, the court in
6determining the minor's best interest shall consider, in
7addition to the factors set forth in paragraph (4.05) of
8Section 1-3 of this Act, the specific grounds upon which the
9unfitness findings were made. Upon the entry of an order
10granting a motion to reinstate parental rights, parental rights
11of the parent named in the order shall be reinstated, any
12previous order appointing a guardian with the power to consent
13to adoption shall be void and with respect to the parent named
14in the order, any consent shall be void.
15    (5) If the case is post-disposition, the court, upon the
16entry of an order granting a motion to reinstate parental
17rights, shall schedule the matter for a permanency hearing
18pursuant to Section 2-28 of this Act within 45 days.
19    (6) Custody of the minor shall not be restored to the
20parent, except by order of court pursuant to subsection (4) of
21Section 2-28 of this Act.
22    (7) In any case involving a child over the age of 13 who
23meets the criteria established in this Section for
24reinstatement of parental rights, the Department of Children
25and Family Services shall conduct an assessment of the child's
26circumstances to assist in future planning for the child,

 

 

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1including, but not limited to a determination regarding the
2appropriateness of filing a motion to reinstate parental
3rights.
4    (8) (Blank). This Section is repealed 4 years after the
5effective date of this amendatory Act of the 96th General
6Assembly.
7(Source: P.A. 96-600, eff. 8-21-09; 96-1375, eff. 7-29-10.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.