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91_HB0256
LRB9101299RCpc
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 2-29.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 2-29 as follows:
7 (705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
8 Sec. 2-29. Adoption; appointment of guardian with power
9 to consent.
10 (1) With leave of the court, a minor who is the subject
11 of an abuse, neglect, or dependency petition under this Act
12 may be the subject of a petition for adoption under the
13 Adoption Act.
14 (1.1) The parent or parents of a child in whose interest
15 a petition under Section 2-13 of this Act is pending may, in
16 the manner required by the Adoption Act, (a) surrender him or
17 her for adoption to an agency legally authorized or licensed
18 to place children for adoption, (b) consent to his or her
19 adoption, or (c) consent to his or her adoption by a
20 specified person or persons. Nothing in this Section requires
21 that the parent or parents execute the surrender, consent, or
22 consent to adoption by a specified person in open court.
23 (1.5) At the time a consent to adoption is executed for
24 a minor who is the subject of an abuse, neglect, or
25 dependency petition under this Act, one or both biological
26 parents may enter into an agreement with the prospective
27 adoptive parent or parents for ongoing contact, which may
28 include visitation, between the biological parent or parents
29 or other biological relatives and the adoptive parents or the
30 minor after the execution of the consent to adoption and the
31 finalization of the adoption. The agreement shall be
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1 enforceable only if it is in writing and it is approved by
2 the juvenile court based upon a finding that contact, as
3 envisioned in the agreement, would be in the best interests
4 of the minor and, in the case of an agreement that provides
5 for visitation between the child and the biological parents
6 or other relatives, if it has been signed by the guardian ad
7 litem for the minor. The agreement may, but need not,
8 specify the type of contact contemplated and the frequency
9 and terms of the contact. However, if the contact is to be
10 in person, the agreement must specify what, if any, changes
11 will be made if the adoptive or biological family moves
12 outside the court's jurisdiction. The failure to abide by
13 the agreement shall in no manner effect the validity of the
14 adoption, but the agreement shall be enforceable by a civil
15 proceeding for the enforcement of the agreement. Proceedings
16 may also be brought to terminate or modify the agreement but
17 the court may not modify an agreement unless the court finds
18 that the termination or modification is necessary to serve
19 the best interests of the minor, and that: (a) the
20 modification is agreed to by the adoptive parent or parents
21 and the biological parent or parents; or (b) exceptional
22 circumstances have arisen since the agreement was entered
23 that justify modification of the agreement.
24 (2) If a petition or motion alleges and the court finds
25 that it is in the best interest of the minor that parental
26 rights be terminated and the petition or motion requests that
27 a guardian of the person be appointed and authorized to
28 consent to the adoption of the minor, the court, with the
29 consent of the parents, if living, or after finding, based
30 upon clear and convincing evidence, that a parent is an unfit
31 person as defined in Section 1 of the Adoption Act, may
32 terminate parental rights and empower the guardian of the
33 person of the minor, in the order appointing him or her as
34 such guardian, to appear in court where any proceedings for
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1 the adoption of the minor may at any time be pending and to
2 consent to the adoption. Such consent is sufficient to
3 authorize the court in the adoption proceedings to enter a
4 proper order or judgment of adoption without further notice
5 to, or consent by, the parents of the minor. An order so
6 empowering the guardian to consent to adoption deprives the
7 parents of the minor of all legal rights as respects the
8 minor and relieves them of all parental responsibility for
9 him or her, and frees the minor from all obligations of
10 maintenance and obedience to his or her natural parents.
11 If the minor is over 14 years of age, the court may, in
12 its discretion, consider the wishes of the minor in
13 determining whether the best interests of the minor would be
14 promoted by the finding of the unfitness of a non-consenting
15 parent.
16 (2.1) Notice to a parent who has appeared or been served
17 with summons personally or by certified mail, and for whom an
18 order of default has been entered on the petition for
19 wardship and has not been set aside shall be provided in
20 accordance with Supreme Court Rule 11. Notice to a parent
21 who was served by publication and for whom an order of
22 default has been entered on the petition for wardship and has
23 not been set aside shall be provided in accordance with
24 Sections 2-15 and 2-16.
25 (3) Parental consent to the order terminating parental
26 rights and authorizing the guardian of the person to consent
27 to adoption of the minor must be in writing and signed in the
28 form provided in the Adoption Act, but no names of
29 petitioners for adoption need be included.
30 (4) A finding of the unfitness of a parent must be made
31 in compliance with the Adoption Act, without regard to the
32 likelihood that the child will be placed for adoption, and be
33 based upon clear and convincing evidence. Provisions of the
34 Adoption Act relating to minor parents and to mentally ill or
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1 mentally deficient parents apply to proceedings under this
2 Section and any findings with respect to such parents shall
3 be based upon clear and convincing evidence.
4 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
5 P.A. 90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97;
6 90-608, eff. 6-30-98.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.