Full Text of SB1469 94th General Assembly
SB1469ham002 94TH GENERAL ASSEMBLY
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Rep. Sara Feigenholtz
Filed: 5/27/2005
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09400SB1469ham002 |
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LRB094 06589 RAS 47295 a |
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| AMENDMENT TO SENATE BILL 1469
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| AMENDMENT NO. ______. Amend Senate Bill 1469 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Adoption Act is amended by changing Section | 5 |
| 13 as follows:
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| (750 ILCS 50/13) (from Ch. 40, par. 1516)
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| Sec. 13. Interim order. As soon as practicable after the | 8 |
| filing of a
petition for adoption the court shall hold a | 9 |
| hearing for the following
purposes:
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| A. In other than an adoption of a related child or an | 11 |
| adoption through
an agency, or of an adult:
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| (a) To determine the validity of the consent, provided | 13 |
| that the
execution of a consent pursuant to this Act shall | 14 |
| be prima facie evidence
of its validity, and provided that | 15 |
| the validity of a consent shall not be
affected by the | 16 |
| omission therefrom of the names of the petitioners or
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| adopting parents at the time the consent is executed or | 18 |
| acknowledged, and
further provided that the execution of a | 19 |
| consent prior to the filing of a
petition for adoption | 20 |
| shall not affect its validity.
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| (b) To determine whether there is available suitable | 22 |
| temporary custodial
care for a child sought to be adopted.
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| B. In all cases except standby adoptions:
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| (a) The court shall appoint some licensed attorney |
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| other than the State's
attorney acting in his or her | 2 |
| official capacity as guardian ad
litem to represent a child | 3 |
| sought to be adopted. Such guardian ad litem
shall have | 4 |
| power to consent to the adoption of the child, if such | 5 |
| consent
is required.
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| (b) The court shall appoint a guardian ad litem for all | 7 |
| named minors or
defendants who are persons under legal | 8 |
| disability, if any.
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| (c) If the petition alleges a person to be unfit | 10 |
| pursuant to the
provisions of subparagraph (p) of paragraph | 11 |
| D of Section 1 of this Act,
such person shall be | 12 |
| represented by counsel. If such person is indigent
or an | 13 |
| appearance has not been entered on his behalf at the time | 14 |
| the matter
is set for hearing, the court shall appoint as | 15 |
| counsel for him either the
Guardianship and Advocacy | 16 |
| Commission, the public defender, or, only if no
attorney | 17 |
| from the Guardianship and Advocacy Commission or the public | 18 |
| defender
is available, an attorney licensed to practice law | 19 |
| in this State.
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| (d) If it is proved to the satisfaction of the court, | 21 |
| after such
investigation as the court deems necessary, that | 22 |
| termination of parental
rights and temporary commitment of | 23 |
| the child to an agency or to a person
deemed competent by | 24 |
| the court, including petitioners, will be for the
welfare | 25 |
| of the child, the court may order the child to be so | 26 |
| committed and
may terminate the parental rights of the | 27 |
| parents and declare the child a
ward of the court or, if it | 28 |
| is not so proved, the court may enter such
other order as | 29 |
| it shall deem necessary and advisable.
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| (e) Before an interim custody order is granted under | 31 |
| this
Section,
service of
summons or other acceptable notice | 32 |
| under Section 7 or 12a of this Act shall be served or | 33 |
| published with the appropriate entry
had upon any person or | 34 |
| agency whose consent or surrender is required under Section |
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| 8 of this Act
the parent or parents whose rights have not | 2 |
| been
terminated or who has not waived notice , except as | 3 |
| provided in subsection (f) . Reasonable notice and
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| opportunity to be heard shall be given to
the person or | 5 |
| agency upon that person's or agency's filing of an | 6 |
| appearance with the clerk of court within the time | 7 |
| specified by applicable law
the
parent or parents after | 8 |
| service of summons when the address of the parent or
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| parents is available . The party seeking an interim custody | 10 |
| order shall make
all reasonable efforts to locate the | 11 |
| person or agency whose consent or surrender is required | 12 |
| under Section 8 of this Act
parent or parents of the child | 13 |
| or children
they are seeking to adopt and to notify the | 14 |
| person or agency whose consent or surrender is required
the | 15 |
| parent or parents of the pending adoption petition
party's
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| request for an interim custody order pursuant to this | 17 |
| Section .
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| (f) An interim custody order may be granted without | 19 |
| notice upon
presentation to the court of a written | 20 |
| petition, accompanied by an affidavit,
stating that
there | 21 |
| is an immediate danger to the child and that irreparable | 22 |
| harm will result
to the child if notice is given to the | 23 |
| parent or parents or legal guardian.
Upon making a finding | 24 |
| that there is an immediate danger to the child if
service | 25 |
| of process is had upon and notice of hearing is given to | 26 |
| the parent or
parents or
legal guardian prior to the entry | 27 |
| of an order granting temporary custody to
someone other | 28 |
| than a parent or legal guardian, the court may enter an | 29 |
| order of
temporary custody which shall expire not more than | 30 |
| 10 days after its entry.
Every ex parte custody order | 31 |
| granted without notice shall state the injury
which the | 32 |
| court sought to avoid by granting the order, the | 33 |
| irreparable injury
that would have occurred had notice been | 34 |
| given, and the reason the order was
granted without notice.
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| The matter shall be set down for full hearing before the | 2 |
| expiration of the ex
parte order and will be heard after | 3 |
| service of summons is had upon and notice
of hearing is | 4 |
| given to the parent or parents or legal guardian.
At the | 5 |
| hearing the burden of proof shall be upon the party seeking | 6 |
| to extend
the interim custody order to show that the order | 7 |
| was properly granted without
notice and that custody should | 8 |
| remain with the party seeking to adopt during
the pendency | 9 |
| of the adoption proceeding. If the interim custody order is
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| extended, the reasons for granting the extension shall be | 11 |
| stated in the
order.
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| C. In the case of a child born outside the United States or | 13 |
| a
territory thereof, if the petitioners have previously been | 14 |
| appointed
guardians of such child by a court of competent | 15 |
| jurisdiction in a country
other than the United States or a | 16 |
| territory thereof, the court may order
that the petitioners | 17 |
| continue as guardians of such child.
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| D. In standby adoption cases:
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| (a) The court shall appoint a licensed attorney other | 20 |
| than the State's
Attorney
acting in his or her official | 21 |
| capacity as guardian ad litem to represent a
child sought | 22 |
| to be
adopted. The guardian ad litem shall have power to | 23 |
| consent to the adoption of
the child,
if consent is | 24 |
| required.
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| (b) The court shall appoint a guardian ad litem for all | 26 |
| named minors or
defendants
who are persons under legal | 27 |
| disability, if any.
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| (c) The court lacks jurisdiction to proceed on the | 29 |
| petition for standby
adoption if the child has a living | 30 |
| parent, adoptive parent, or adjudicated
parent whose | 31 |
| rights have not been terminated and whose whereabouts are | 32 |
| known,
unless the parent consents to the standby adoption | 33 |
| or, after
receiving notice of the hearing on the standby | 34 |
| adoption petition, fails to
object to the appointment of a |
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| standby adoptive parent at the
hearing on the petition.
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| (d) The court shall investigate as needed for the | 3 |
| welfare of the child and
shall
determine whether the | 4 |
| petitioner or petitioners shall be permitted to adopt.
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| (Source: P.A. 90-14, eff. 7-1-97; 90-349, eff. 1-1-98; 91-572, | 6 |
| eff.
1-1-00.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
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