Illinois General Assembly - Full Text of HB5157
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Full Text of HB5157  100th General Assembly


Rep. Sara Feigenholtz

Filed: 4/13/2018





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2    AMENDMENT NO. ______. Amend House Bill 5157, AS AMENDED, in
3Section 5, by replacing subdivision (12) of Sec. 2-10 with the
5    "(12) After the court has placed a minor in the care of a
6temporary custodian pursuant to this Section, any party may
7file a motion requesting the court to grant the temporary
8custodian the authority to serve as a surrogate decision maker
9for the minor under the Health Care Surrogate Act for purposes
10of making decisions pursuant to paragraph (1) of subsection (b)
11of Section 20 of the Health Care Surrogate Act. The court may
12grant the motion if it determines by clear and convincing
13evidence that it is in the best interests of the minor to grant
14the temporary custodian such authority. In making its
15determination, the court shall weigh the following factors in
16addition to considering the best interests factors listed in
17subsection (4.05) of Section 1-3 of this Act:
18        (a) the efforts to identify and locate the respondents



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1    and adult family members of the minor and the results of
2    those efforts;
3        (b) the efforts to engage the respondents and adult
4    family members of the minor in decision making on behalf of
5    the minor;
6        (c) the length of time the efforts in paragraphs (a)
7    and (b) have been ongoing;
8        (d) the relationship between the respondents and adult
9    family members and the minor;
10        (e) medical testimony regarding the extent to which the
11    minor is suffering and the impact of a delay in
12    decision-making on the minor; and
13        (f) any other factor the court deems relevant.
14    If the Department of Children and Family Services is the
15temporary custodian of the minor, in addition to the
16requirements of paragraph (1) of subsection (b) of Section 20
17of the Health Care Surrogate Act, the Department shall follow
18its rules and procedures in exercising authority granted under
19this subsection.".