HB1489sam005 97TH GENERAL ASSEMBLY

Sen. Dan Kotowski

Filed: 5/30/2012

09700HB1489sam005 LRB097 09341 RLC 70426 a

AMENDMENT TO HOUSE BILL 1489

AMENDMENT NO. ______. Amend House Bill 1489, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 4, on page 3, by inserting immediately below line 1 the following:

"Section 10. The Juvenile Court Act of 1987 is amended by changing Section 2-4 as follows:

(705 ILCS 405/2-4) (from Ch. 37, par. 802-4)

Sec. 2-4. Dependent minor.

(1) Those who are dependent include any minor under 18 years of age:

(a) who is without a parent, guardian or legal custodian;

(b) who is without proper care because of the physical or mental disability of his parent, guardian or custodian;

(c) who is without proper medical or other remedial care recognized under State law or other care necessary for his or her well being through no fault, neglect or lack of concern by his parents, guardian or custodian, provided that no order may be made terminating parental rights, nor may a minor be removed from the custody of his or her parents for longer than 6 months, pursuant to an adjudication as a dependent minor under this subdivision (c), unless it is found to be in his or her best interest by the court or the case automatically closes as provided under Section 2-31 of this Act; or

(d) who has a parent, guardian or legal custodian who with good cause wishes to be relieved of all residual parental rights and responsibilities, guardianship or custody, and who desires the appointment of a guardian of the person with power to consent to the adoption of the minor under Section 2-29.

(1.5) Those who are dependent include any person under 21 years of age:

(a) who was previously a ward of the court and under guardianship of the Department of Children and Family Services Guardianship Administrator and wardship and guardianship were vacated under:

(i) an order entered under subsection (2) of Section 2-31 in the case of a minor over the age of 18;

(ii) closure of a case under subsection (2) of Section 2-31 in the case of a minor under the age of 18 who has been partially or completely emancipated in accordance with the Emancipation of Minors Act; or

(iii) an order entered under subsection (3) of Section 2-31 based on the minor's attaining the age of 19 years;

(b) who is not presently a ward of the court under Article II of this Act and where there is no supplemental petition to reinstate wardship pending on behalf of the minor; and

(c) in whose best interest that wardship be reinstated.

(2) This Section does not apply to a minor who would be included herein solely for the purpose of qualifying for financial assistance for himself, his parent or parents, guardian or custodian or to a minor solely because his or her parent or parents or guardian has left the minor for any period of time in the care of an adult relative, who the parent or parents or guardian know is both a mentally capable adult relative and physically capable adult relative, as defined by this Act.

(Source: P.A. 96-168, eff. 8-10-09.)".