Full Text of HB4055 96th General Assembly
HB4055eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Adoption Act is amended by adding Section | 5 |
| 14.5 as follows: | 6 |
| (750 ILCS 50/14.5 new) | 7 |
| Sec. 14.5. Petition to adopt by former parent. | 8 |
| (a) For purposes of this Section, the term "former parent" | 9 |
| means a person whose rights were terminated as described in | 10 |
| paragraph (1) or (2). A petition to adopt by a former parent | 11 |
| may be filed regarding any minor who was a ward of the court | 12 |
| under Article II of the Juvenile Court Act of 1987 when: | 13 |
| (1) while the minor was under the jurisdiction of the | 14 |
| court under Article II of the Juvenile Court Act of 1987, | 15 |
| the minor's former parent or former parents surrendered the | 16 |
| minor for adoption to an agency legally authorized to place | 17 |
| children for adoption, or the minor's former parent or | 18 |
| former parents consented to the minor's adoption, or the | 19 |
| former parent's or former parents' rights were terminated | 20 |
| pursuant to a finding of unfitness pursuant to Section 2-29 | 21 |
| of the Juvenile Court Act of 1987 and a guardian was | 22 |
| appointed with the power to consent to adoption pursuant to | 23 |
| Section 2-29 of the Juvenile Court Act of 1987; or |
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| (2) following the appointment of a guardian with the | 2 |
| right to consent to the adoption of the minor pursuant to | 3 |
| Section 2-29 of the Juvenile Court Act of 1987, the former | 4 |
| parent's or former parents' rights were terminated | 5 |
| pursuant to a finding of unfitness pursuant to Section 13. | 6 |
| A.(d); and | 7 |
| (3) (i) since the signing of the surrender or consent, | 8 |
| or the unfitness finding, the minor remained a ward of the | 9 |
| court and was subsequently adopted by an individual or | 10 |
| individuals who, at the time of the adoption, were | 11 |
| biologically related to the minor as defined in subsection | 12 |
| B of Section 50 and
(ii) either the adoptive parent has | 13 |
| died (or both adoptive parents have died in the case of 2 | 14 |
| adoptive parents) and no standby guardian or standby | 15 |
| adoptive parent has been appointed for the minor, and no | 16 |
| guardian has been appointed by the adoptive parent for the | 17 |
| minor through a will; or due to a mental or physical | 18 |
| impairment
the adoptive parent is no longer able to provide | 19 |
| care for the minor and the adoptive parent has consented in | 20 |
| open court, or by such means as is approved by the court, | 21 |
| to the adoption of the minor by the petitioner; and | 22 |
| (4) the former parent named in the petition wishes to | 23 |
| adopt the minor and meets the criteria established in this | 24 |
| Section to adopt; and | 25 |
| (5) it is in the best interests of the minor to have | 26 |
| the petitioner adopt and have parental rights reinstated. |
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| (b) The petition may be filed by any party or by the former | 2 |
| parent now seeking to adopt the minor. | 3 |
| (c) Where a former parent seeks to have a court order for | 4 |
| adoption, the following procedures shall apply: | 5 |
| (1) In addition to the requirements set out in this Act | 6 |
| in Section 5, a petition by a former parent to adopt filed | 7 |
| by a former parent shall include the following allegations: | 8 |
| (A) that his or her parental rights were previously | 9 |
| terminated pursuant to Section 2-29 of the Juvenile | 10 |
| Court Act of 1987; | 11 |
| (B) the basis upon which his or her parental rights | 12 |
| were terminated; | 13 |
| (C) that the petitioner is able and willing to | 14 |
| resume care, custody, and control of the minor; | 15 |
| (D) that the adoptive parent of the minor is | 16 |
| deceased and no standby guardian or standby adoptive | 17 |
| parent has been appointed for the minor, and no | 18 |
| guardian has been appointed by the adoptive parent for | 19 |
| the minor through a will; or, the adoptive parent is no | 20 |
| longer able to provide care for the minor due to a | 21 |
| mental or physical impairment and has consented to the | 22 |
| petitioner's adoption of the minor in open court or by | 23 |
| such means as is approved by the court; and | 24 |
| (E) that it is in the best interests of the minor | 25 |
| to be adopted by the petitioner and for the | 26 |
| petitioner's parental rights to be reinstated. |
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| (2) A former parent shall not have standing to file a | 2 |
| petition for adoption, where the minor is the subject of a | 3 |
| pending petition filed under Article II of the Juvenile | 4 |
| Court Act of 1987. If the minor named in the petition for | 5 |
| adoption is not the subject of a pending petition filed | 6 |
| under Article II of the Juvenile Court Act of 1987, a | 7 |
| former parent shall have standing to file a petition for | 8 |
| adoption only if: the adoptive parent is deceased and no | 9 |
| standby guardian or standby adoptive parent has been | 10 |
| appointed for the minor, and no guardian has been appointed | 11 |
| by the adoptive parent for the minor through a will; or, | 12 |
| the adoptive parent is no longer able to provide care for | 13 |
| the minor due to a mental or physical impairment and has | 14 |
| consented to such adoption in open court or by such means | 15 |
| as is approved by the court. | 16 |
| (d) Interim order. Following presentment of a petition for | 17 |
| adoption by a former parent concerning a child who was | 18 |
| previously named in a petition filed under Article II of the | 19 |
| Juvenile Court Act of 1987 the following procedures and | 20 |
| safeguards shall be employed, in addition to the applicable | 21 |
| requirements set out in this Act, and shall be included in the | 22 |
| written interim order for the adoption by a former parent: | 23 |
| (1) In determining the minor's best interests pursuant | 24 |
| to Section 2-29 of the Juvenile Court Act of 1987 and this | 25 |
| Act, the Court shall consider, in addition to the factors | 26 |
| set forth in subsection 4.05 of Section 1-3 of the Juvenile |
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| Court Act of 1987, the reasons why the case was initially | 2 |
| brought to the attention of the juvenile court and adoption | 3 |
| proceedings were instituted, the history of the case as it | 4 |
| relates to the former parent seeking adoption, and the | 5 |
| current circumstances of the former parent for whom | 6 |
| adoption is sought. | 7 |
| (2) In any case involving a child who meets these | 8 |
| criteria for adoption by a former parent, the Department of | 9 |
| Children and Family Services shall be appointed as the | 10 |
| investigator as outlined in Section 6 to conduct an | 11 |
| investigation and report to the court (i) the facts and | 12 |
| circumstances which raised concerns as to the petitioner's | 13 |
| ability and willingness to provide adequate care and | 14 |
| protection to children in his or her custody, (ii) an | 15 |
| assessment of the petitioner's current ability and | 16 |
| willingness to provide adequate care and protection for the | 17 |
| child named in the petition, and (iii) any information | 18 |
| which might reasonably raise a concern as to the child's | 19 |
| safety, well being, or best interests should the court | 20 |
| grant the petition to adopt by the former parent. | 21 |
| (3) In selecting the minor's guardian ad litem, | 22 |
| pursuant to subsection (B) of Section 13, whenever | 23 |
| practical, the court shall give preference to the guardian | 24 |
| ad litem who represented the minor in the juvenile court | 25 |
| proceeding. The guardian ad litem shall have the right to | 26 |
| review and copy all records, including juvenile court |
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| records relating to the petitioner, the minor, and the | 2 |
| minor's siblings and half siblings. | 3 |
| (4) The report of the investigator and the guardian ad | 4 |
| litem shall be presented in writing to the court and shall | 5 |
| serve as a basis for the order of court upon the petition | 6 |
| for adoption by a former parent. | 7 |
| (e) Order of adoption. | 8 |
| (1) If it is proved to the satisfaction of the court, | 9 |
| after such investigation as the court deems necessary, an | 10 |
| order of adoption shall be entered. | 11 |
| (2) An order of adoption shall be final as to all | 12 |
| findings and shall be entered in writing. | 13 |
| (3) Upon the entry of an order granting a petition to | 14 |
| adopt by a former parent, all parental rights of the former | 15 |
| parent named in the order shall be reinstated and the | 16 |
| physical care, custody and control of the minor shall be | 17 |
| reinstated to the former parent. | 18 |
| (4) The order of adoption shall include an order to the | 19 |
| Illinois Department of Public Health to issue a new birth | 20 |
| certificate for the person who is the subject of the | 21 |
| petition for adoption by a former parent.
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| Section 99. Effective date. This Act takes effect July 1, | 23 |
| 2009.
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