HB5157ham002 100TH GENERAL ASSEMBLY
Rep. Sara Feigenholtz
Filed: 4/13/2018
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 5157 




2    AMENDMENT NO. ______. Amend House Bill 5157, AS AMENDED, in 
3Section 5, by replacing subdivision (12) of Sec. 2-10 with the 
4following:


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.".