Rep. Amy Elik

Filed: 3/19/2021





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2    AMENDMENT NO. ______. Amend House Bill 2224 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Probate Act of 1975 is amended by changing
5Sections 1-2.19 and 11a-17.1 and by adding Section 1-2.25 as
7    (755 ILCS 5/1-2.19)  (from Ch. 110 1/2, par. 1-2.19)
8    Sec. 1-2.19. Words importing the masculine, feminine, or
9neuter gender include each of the other genders where
11(Source: P.A. 81-213.)
12    (755 ILCS 5/1-2.25 new)
13    Sec. 1-2.25. "Fertile" means a person who is able to
14impregnate a person or be impregnated by another person
15without assisted reproduction.



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1    (755 ILCS 5/11a-17.1)
2    Sec. 11a-17.1. Sterilization of ward.
3    (a) A guardian of the person shall not consent to the
4sterilization of the ward without first obtaining an order
5from the court granting the guardian the authority to provide
6consent. For purposes of this Article XIa, "sterilization"
7means any procedure that has as its purpose rendering the ward
8permanently incapable of reproduction; provided, however, that
9an order from the court is not required for a procedure that is
10medically necessary to preserve the life of the ward or to
11prevent serious impairment to the health of the ward and which
12may result in sterilization.
13    (b) A guardian seeking authority to consent to the
14sterilization of the ward shall seek such authority by filing
15a verified motion. The verified motion shall allege facts
16which demonstrate that the proposed sterilization is warranted
17under subsection (f), (g) or (h) of this Section. The guardian
18ad litem will notify the ward of the motion in the manner set
19forth in subsection (c) of this Section.
20    (c) Upon the filing of a verified motion for authority to
21consent to sterilization, the court shall appoint a guardian
22ad litem to report to the court consistent with the provisions
23of this Section. If the guardian ad litem is not a licensed
24attorney, he or she shall be qualified, by training or
25experience, to work with or advocate for persons with a



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1developmental disability, mental illness, physical disability,
2or disability because of mental deterioration, depending on
3the type of disability of the ward that is alleged in the
4motion. The court may allow the guardian ad litem reasonable
5compensation. The guardian ad litem may consult with a person
6who by training or experience is qualified to work with
7persons with a developmental disability, mental illness,
8physical disability, or disability because of mental
9deterioration, depending on the type of disability of the ward
10that is alleged. The guardian ad litem may also consult with
11health care providers knowledgeable about reproductive health
12matters including sterilization, other forms of contraception,
13and childbirth. Outside the presence of the guardian, the
14guardian ad litem shall personally observe the ward prior to
15the hearing and shall inform the ward orally and in writing of
16the contents of the verified motion for authority to consent
17to sterilization. Outside the presence of the guardian, the
18guardian ad litem shall also attempt to elicit the ward's
19position concerning the motion, and any other areas of inquiry
20deemed appropriate by the court. At or before the hearing, the
21guardian ad litem shall file a written report detailing his or
22her observations of the ward; the responses of the ward to any
23of the inquiries detailed in this Section; the opinion of the
24guardian ad litem and any other professionals with whom the
25guardian ad litem consulted concerning the ward's
26understanding of and desire for or objection to, as well as



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1what is in the ward's best interest relative to,
2sterilization, other forms of contraception, and childbirth;
3and any other material issue discovered by the guardian ad
4litem. The guardian ad litem shall appear at the hearing and
5testify, and may present witnesses, as to any issues presented
6in his or her report.
7    (d) The court shall (1) may appoint counsel for the ward if
8the court finds that the interests of the ward will be best
9served by the appointment, and (2) shall appoint counsel upon
10the ward's request, if the ward is objecting to the proposed
11sterilization, or if the ward takes a position adverse to that
12of the guardian ad litem. The ward shall be permitted to obtain
13the appointment of counsel either at the hearing or by any
14written or oral request communicated to the court prior to the
15hearing. The court shall inform the ward of this right to
16obtain appointed counsel. The court may allow counsel for the
17ward reasonable compensation.
18    (e) The court shall order a medical and psychological
19evaluation of the ward. The evaluation shall address the
20ward's decision making capacity with respect to the proposed
21sterilization, the existence of any less permanent
22alternatives, and any other material issue.
23    (f) The court shall determine, as a threshold inquiry,
24whether the ward has capacity to consent or withhold consent
25to the proposed sterilization and, if the ward lacks such
26capacity, whether the ward is likely to regain such capacity.



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1The ward shall not be deemed to lack such capacity solely on
2the basis of the adjudication of disability and appointment of
3a guardian. In determining capacity, the court shall consider
4whether the ward is able, after being provided appropriate
5information, to understand the relationship between sexual
6activity and reproduction; the consequences of reproduction;
7and the nature and consequences of the proposed sterilization
8procedure. If the court finds that (1) the ward has capacity to
9consent or withhold consent to the proposed sterilization, and
10(2) the ward objects or consents to the procedure, the court
11shall enter an order consistent with the ward's objection or
12consent and the proceedings on the verified motion shall be
14    (g) If the court finds that the ward does not have capacity
15to consent or withhold consent to the proposed sterilization
16and is unlikely to regain such capacity, the court shall
17determine whether the ward is expressing a clear desire for
18the proposed sterilization. If the ward is expressing a clear
19desire for the proposed sterilization, the court's decision
20regarding the proposed sterilization shall be made in
21accordance with the standards set forth in subsection (e) of
22Section 11a-17 of this Act.
23    (h) If the court finds that the ward does not have capacity
24to consent or withhold consent to the proposed sterilization
25and is unlikely to regain such capacity, and that the ward is
26not expressing a clear desire for the proposed sterilization,



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1the court shall consider the standards set forth in subsection
2(e) of Section 11a-17 of this Act and enter written findings of
3fact and conclusions of law addressing those standards. The
4sex of the ward shall not be a motivating factor in the court's
5decision. In addition, the court shall not authorize the
6guardian to consent to the proposed sterilization unless the
7court finds, by clear and convincing evidence beyond a
8reasonable doubt and based on written findings of fact and
9conclusions of law, that all of the following factors are
11        (1) The ward lacks decisional capacity regarding the
12    proposed sterilization.
13        (2) The ward is fertile and capable of procreation.
14        (3) The benefits to the ward of the proposed
15    sterilization outweigh the harm.
16        (4) The court has considered less intrusive
17    alternatives and found them to be inadequate in this case.
18        (5) The proposed sterilization is in the best interest
19    of the ward. In considering the ward's best interest, the
20    court shall consider the following factors:
21            (A) The possibility that the ward will experience
22        trauma or psychological damage if he or she has a child
23        and, conversely, the possibility of trauma or
24        psychological damage from the proposed sterilization.
25            (B) The ward is or is likely to become sexually
26        active.



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1            (C) The inability of the ward to understand
2        reproduction or contraception and the likely
3        permanence of that inability.
4            (D) Any other factors that assist the court in
5        determining the best interest of the ward relative to
6        the proposed sterilization.
7(Source: P.A. 96-272, eff. 1-1-10.)".