State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

90_SB0619eng

      750 ILCS 50/13            from Ch. 40, par. 1516
          Amends the Adoption Act.   Provides  that,  upon  finding
      that  there is an immediate danger to the child if service of
      process is had upon and notice of hearing  is  given  to  the
      biological  parent  or  parents, the court may enter an order
      without notice granting temporary custody for 10 days, with a
      full hearing to be held on the matter before  the  expiration
      of the order, but not before service of summons and notice of
      hearing  are  given  to  the  biological  parent  or parents.
      Effective immediately.
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 1        AN ACT to amend the Adoption Act by changing Section 13.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.   The  Adoption  Act  is  amended by changing
 5    Section 13 as follows:
 6        (750 ILCS 50/13) (from Ch. 40, par. 1516)
 7        (Text of Section before amendment by P.A. 89-686)
 8        Sec. 13.  Interim order. As soon as practicable after the
 9    filing of a petition for adoption  the  court  shall  hold  a
10    hearing for the following purposes:
11        A.  In  other  than  an adoption of a related child or an
12    adoption through an agency, or of an adult:
13             (a)  To  determine  the  validity  of  the  consent,
14        provided that the execution of a consent pursuant to this
15        Act shall be prima facie evidence of  its  validity,  and
16        provided  that  the  validity  of  a consent shall not be
17        affected by the omission therefrom of the  names  of  the
18        petitioners  or  adopting parents at the time the consent
19        is executed or acknowledged, and  further  provided  that
20        the  execution  of  a  consent  prior  to the filing of a
21        petition for adoption shall not affect its validity;
22             (b)  To  determine  whether   there   is   available
23        suitable  temporary  custodial care for a child sought to
24        be adopted.
25        B.  In all cases:
26             (a)  The court shall appoint some licensed  attorney
27        other  than  the  State's attorney acting in his official
28        capacity as guardian ad litem to represent a child sought
29        to be adopted. Such guardian ad litem shall have power to
30        consent to the adoption of the child, if such consent  is
31        required;
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 1             (b)  The court shall appoint a guardian ad litem for
 2        all  named  minors  or  defendants  who are persons under
 3        legal disability, if any.
 4             (c)  If the petition alleges a person  to  be  unfit
 5        pursuant   to  the  provisions  of  subparagraph  (p)  of
 6        paragraph D of Section 1 of this Act, such  person  shall
 7        be represented by counsel.  If such person is indigent or
 8        an  appearance  has not been entered on his behalf at the
 9        time the matter is  set  for  hearing,  the  court  shall
10        appoint  as  counsel  for him either the Guardianship and
11        Advocacy Commission, the public defender, or, only if  no
12        attorney from the Guardianship and Advocacy Commission or
13        the public defender is available, an attorney licensed to
14        practice law in this State.
15             (d)  If  it  is  proved  to  the satisfaction of the
16        court,  after  such  investigation  as  the  court  deems
17        necessary,  that  termination  of  parental  rights   and
18        temporary  commitment  of  the child to an agency or to a
19        person  deemed  competent   by   the   court,   including
20        petitioners,  will  be  for the welfare of the child, the
21        court may order the child to  be  so  committed  and  may
22        terminate  the parental rights of the parents and declare
23        the child a ward of the court or, if it is not so proved,
24        the court may enter such other order  as  it  shall  deem
25        necessary and advisable.
26             (e)  Before  an  interim  custody  order  is granted
27        under this Section, service of summons shall be had  upon
28        the   parent  or  parents  whose  rights  have  not  been
29        terminated,  except  as  provided  in   subsection   (f).
30        Reasonable  notice  and  opportunity to be heard shall be
31        given to the parent or parents after service  of  summons
32        when  the  address of the parent or parents is available.
33        The party seeking an interim custody order shall make all
34        reasonable efforts to locate the parent or parents of the
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 1        child or children they are seeking to adopt and to notify
 2        the parent or parents  of  the  party's  request  for  an
 3        interim custody order pursuant to this Section.
 4             (f)  An interim custody order may be granted without
 5        notice  upon  presentation  to  the  court  of  a written
 6        petition, accompanied by an affidavit, stating that there
 7        is an immediate danger to the child and that  irreparable
 8        harm  will  result to the child if notice is given to the
 9        parent or  parents  or  legal  guardian.  Upon  making  a
10        finding that there is an immediate danger to the child if
11        service  of  process is had upon and notice of hearing is
12        given to the parent or parents or legal guardian prior to
13        the entry of  an  order  granting  temporary  custody  to
14        someone  other than a parent or legal guardian, the court
15        may enter an  order  of  temporary  custody  which  shall
16        expire  not  more than 10 days after its entry.  Every ex
17        parte custody order granted without  notice  shall  state
18        the  injury  which  the court sought to avoid by granting
19        the  order,  the  irreparable  injury  that  would   have
20        occurred  had notice been given, and the reason the order
21        was granted without notice. The matter shall be set  down
22        for  full  hearing  before the expiration of the ex parte
23        order and will be heard after service of summons  is  had
24        upon  and  notice  of  hearing  is given to the parent or
25        parents or legal guardian. At the hearing the  burden  of
26        proof  shall  be  upon  the  party  seeking to extend the
27        interim custody order to show that the order was properly
28        granted without notice and  that  custody  should  remain
29        with  the  party  seeking to adopt during the pendency of
30        the adoption proceeding.  If the interim custody order is
31        extended, the reasons for granting the extension shall be
32        stated in the order.
33        C.  In the case of a child born outside the United States
34    or a territory thereof, if the  petitioners  have  previously
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 1    been  appointed  guardians  of  such  child  by  a  court  of
 2    competent  jurisdiction  in  a  country other than the United
 3    States or a territory thereof, the court may order  that  the
 4    petitioners continue as guardians of such child.
 5    (Source: P.A. 89-644, eff. 1-1-97.)
 6        (Text of Section after amendment by P.A. 89-686)
 7        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:
10        A.  In other than an adoption of a related  child  or  an
11    adoption through an agency, or of an adult:
12             (a)  To  determine  the  validity  of  the  consent,
13        provided that the execution of a consent pursuant to this
14        Act  shall  be  prima facie evidence of its validity, and
15        provided that the validity of  a  consent  shall  not  be
16        affected  by  the  omission therefrom of the names of the
17        petitioners or adopting parents at the time  the  consent
18        is  executed  or  acknowledged, and further provided that
19        the execution of a consent  prior  to  the  filing  of  a
20        petition for adoption shall not affect its validity.;
21             (b)  To   determine   whether   there  is  available
22        suitable temporary custodial care for a child  sought  to
23        be adopted.
24        B.  In all cases:
25             (a)  The  court shall appoint some licensed attorney
26        other than the State's attorney  acting  in  his  or  her
27        official  capacity  as  guardian  ad litem to represent a
28        child sought to be adopted.  Such guardian ad litem shall
29        have power to consent to the adoption of  the  child,  if
30        such consent is required.;
31             (b)  The court shall appoint a guardian ad litem for
32        all  named  minors  or  defendants  who are persons under
33        legal disability, if any.
34             (c)  If the petition alleges a person  to  be  unfit
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 1        pursuant   to  the  provisions  of  subparagraph  (p)  of
 2        paragraph D of Section 1 of this Act, such  person  shall
 3        be represented by counsel.  If such person is indigent or
 4        an  appearance  has not been entered on his behalf at the
 5        time the matter is  set  for  hearing,  the  court  shall
 6        appoint  as  counsel  for him either the Guardianship and
 7        Advocacy Commission, the public defender, or, only if  no
 8        attorney from the Guardianship and Advocacy Commission or
 9        the public defender is available, an attorney licensed to
10        practice law in this State.
11             (d)  If  it  is  proved  to  the satisfaction of the
12        court,  after  such  investigation  as  the  court  deems
13        necessary,  that  termination  of  parental  rights   and
14        temporary  commitment  of  the child to an agency or to a
15        person  deemed  competent   by   the   court,   including
16        petitioners,  will  be  for the welfare of the child, the
17        court may order the child to  be  so  committed  and  may
18        terminate  the parental rights of the parents and declare
19        the child a ward of the court or, if it is not so proved,
20        the court may enter such other order  as  it  shall  deem
21        necessary and advisable.
22             (e)  Before  an  interim  custody  order  is granted
23        under this Section, service of summons shall be had  upon
24        the   parent  or  parents  whose  rights  have  not  been
25        terminated,  except  as  provided  in   subsection   (f).
26        Reasonable  notice  and  opportunity to be heard shall be
27        given to the parent or parents after service  of  summons
28        when  the  address of the parent or parents is available.
29        The party seeking an interim custody order shall make all
30        reasonable efforts to locate the parent or parents of the
31        child or children they are seeking to adopt and to notify
32        the parent or parents  of  the  party's  request  for  an
33        interim custody order pursuant to this Section.
34             (f)  An interim custody order may be granted without
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 1        notice  upon  presentation  to  the  court  of  a written
 2        petition, accompanied by an affidavit, stating that there
 3        is an immediate danger to the child and that  irreparable
 4        harm  will  result to the child if notice is given to the
 5        parent or  parents  or  legal  guardian.  Upon  making  a
 6        finding that there is an immediate danger to the child if
 7        service  of  process is had upon and notice of hearing is
 8        given to the parent or parents or legal guardian prior to
 9        the entry of  an  order  granting  temporary  custody  to
10        someone  other than a parent or legal guardian, the court
11        may enter an  order  of  temporary  custody  which  shall
12        expire  not  more than 10 days after its entry.  Every ex
13        parte custody order granted without  notice  shall  state
14        the  injury  which  the court sought to avoid by granting
15        the  order,  the  irreparable  injury  that  would   have
16        occurred  had notice been given, and the reason the order
17        was granted without notice. The matter shall be set  down
18        for  full  hearing  before the expiration of the ex parte
19        order and will be heard after service of summons  is  had
20        upon  and  notice  of  hearing  is given to the parent or
21        parents or legal guardian. At the hearing the  burden  of
22        proof  shall  be  upon  the  party  seeking to extend the
23        interim custody order to show that the order was properly
24        granted without notice and  that  custody  should  remain
25        with  the  party  seeking to adopt during the pendency of
26        the adoption proceeding.  If the interim custody order is
27        extended, the reasons for granting the extension shall be
28        stated in the order.
29        C.  In the case of a child born outside the United States
30    or a territory thereof, if the  petitioners  have  previously
31    been  appointed  guardians  of  such  child  by  a  court  of
32    competent  jurisdiction  in  a  country other than the United
33    States or a territory thereof, the court may order  that  the
34    petitioners continue as guardians of such child.
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 1    (Source:  P.A.  89-644,  eff.  1-1-97;  89-686,  eff. 6-1-97;
 2    revised 1-14-97.)
 3        Section 95.  No acceleration or delay.   Where  this  Act
 4    makes changes in a statute that is represented in this Act by
 5    text  that  is not yet or no longer in effect (for example, a
 6    Section represented by multiple versions), the  use  of  that
 7    text  does  not  accelerate or delay the taking effect of (i)
 8    the changes made by this Act or (ii) provisions derived  from
 9    any other Public Act.

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