91st General Assembly
Status of HB3935
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FLOWERS-DAVIS,MONIQUE-SCOTT-O'BRIEN-DART, 
   SHARP AND HOWARD.

(SHAW)

   705 ILCS 405/1-5          from Ch. 37, par. 801-5                           
   750 ILCS 50/20            from Ch. 40, par. 1524                            

        Amends the Juvenile Court Act  of  1987  and  the  Adoption  Act.      
   Provides  that all contested proceedings in which the termination of a      
   parent's parental rights is sought shall be tried by a jury.  Provides      
   that  no  jury demand is required and the right to a trial by jury may      
   not be waived.                                                              
          FISCAL NOTE (Administrative Office of the Illinois Courts)           
          HB 3935 would require jury trials for contested cases involving      
          termination of parental rights. The use of juries in these           
          cases would result in increased expense for jurors fees and          
          increased demands on court resources. A dollar estimate of the       
          impact of HB 3935 is not possible, because the number of cases       
          that would be affected is unknown.                                   
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          705 ILCS 405/2-21               from Ch. 37, par. 802-21             
          705 ILCS 405/2-27               from Ch. 37, par. 802-27             
          705 ILCS 405/2-29               from Ch. 37, par. 802-29             
          705 ILCS 405/3-30               from Ch. 37, par. 803-30             
          705 ILCS 405/4-27               from Ch. 37, par. 804-27             
          750 ILCS 50/8                   from Ch. 40, par. 1510               
        Replaces amendatory language in the original bill  with  language      
   providing  that,  notwithstanding  any  other  provision  of  law, all      
   contested proceedings in  which   the   termination   of   a  parent's      
   parental  rights  is sought may be tried  by  a jury and that, in  all      
   such proceedings, a jury demand is required and the right to  a  trial      
   by  jury  may be waived. Adds language providing that, notwithstanding      
   any other provision of law, in all  contested  proceedings  in   which      
   the   termination   of   a  parent's   parental  rights is sought, the      
   petitioner has the  burden  of   proving   the   allegations   in  the      
   petition   beyond  a  reasonable  doubt.   Amends  various  provisions      
   concerning the burden  of  proof  in  parental  unfitness  matters  to      
   conform to the new language.                                                
          JUDICIAL NOTE (Administrative Office of the Illinois Courts)         
          There may be an increase in judicial workloads. However, it is       
          not possible to determine what impact the bill will have on the      
          number of judges needed in the State.                                
          STATE MANDATES NOTE, H-AM 1                                          
          (Dept. of Commerce and Community Affairs)                            
          HB3935 (H-am 1) does not create a State mandate.                     
          HOME RULE NOTE, H-AM 1                                               
          (Dept. of Commerce and Community Affairs)                            
          HB3935 (H-am 1) pertains to contested cases involving terimina-      
          tion of parental rights. Among other items,  the legislation         
          states that such proceedings may be tried by a jury. HB 3935         
          (H-am 1) concerns the judicial branch of State government.           
          Therefore, in the opinion of DCCA, HB 3935 (H-am 1) does not         
          pre-empt home rule authority.                                        
          JUDICIAL NOTE, H-AM 2 (Administrative Office of Ill. Courts)         
          Although there may be a minimal increase in judicial workloads,      
          there would be no increase in the number of judges needed in         
          the State.                                                           
          JUDICIAL NOTE, H-AM 3 (Administrative Office of Ill. Courts)         
          Same as previous judicial note.                                      
        HOUSE AMENDMENT NO. 3.                                                 
          Deletes reference to:                                                
          705 ILCS 405/1-5                                                     
          705 ILCS 405/2-21                                                    
          705 ILCS 405/2-27                                                    
          705 ILCS 405/2-29                                                    
          705 ILCS 405/3-30                                                    
          705 ILCS 405/4-27                                                    
          750 ILCS 50/8                                                        
          750 ILCS 50/20                                                       
          Adds reference to:                                                   
          20 ILCS 505/35.7 new                                                 
          705 ILCS 405/2-28               from Ch. 37, par. 802-28             
          750 ILCS 50/1                   from Ch. 40, par. 1501               
        Deletes everything. Amends the Children and Family Services Act.       
   Provides that the Department of Children  and  Family  Services  shall      
   establish a pilot Citizen Review Panel in Cook County. Provides that a      
   parent  within  the  pilot area who has participated in and has raised      
   concerns at the Administrative Case Review process which resulted in a      
   goal change from return  home  to  substitute  care  pending  a  legal      
   decision  may  request  a review by the Citizen Review Panel. Contains      
   provisions regarding review scheduling, standards, and recommendations      
   and other matters. Amends the Juvenile Court Act of 1987. Empowers the      
   court to order that a service  plan  include  specific  placements  or      
   services.  Amends  the  Adoption  Act.   Provides  that  the ground of      
   parental  unfitness  based  on a  child  having been  in  foster  care      
   for 15 months out of any 22 month period unless the child's parent can      
   prove  by  a preponderance of the evidence that it is more likely than      
   not that it will be in the best interests of the child to be  returned      
   to  the  parent  within  6  months of the date on which a petition for      
   termination of parental rights is filed under the Juvenile  Court  Act      
   of  1987 may not be used as the sole ground for unfitness and that the      
   ground may be  used  only  in  conjunction  with  another  ground  for      
   unfitness.  Effective immediately.                                          
          FISCAL NOTE, AMENDED (Dept. of Children and Family Services)         
          The Department estimates this legislation would have a fiscal        
          impact of $3.2 million in FY 2001, funds not included in the         
          Department's FY 2001 appropriation request. These costs would        
          increase in following years as it is anticipated that the            
          average length of stay in residential care will increase.            
          FISCAL NOTE, H-AM 2 (Administrative Office of Ill. Courts)           
          There would be no fiscal impact on the Judicial Branch.              
          FISCAL NOTE, H-AM 3 (Administrative Office of Ill. Courts)           
          Same as previous fiscal note.                                        
          STATE MANDATES NOTE, H-AM 3                                          
          (Dept. of Commerce and Community Affairs)                            
          Same as State mandates note, H-am 1.                                 
          HOME RULE NOTE, H-AM 3                                               
          (Dept. of Commerce and Community Affairs)                            
          The legislation does not contain language indicating a pre-          
          emption of home rule powers and functions. Therefore, the bill       
          does not pre-empt home rule authority.                               
   00-01-26  H  FILED WITH CLERK                                               
   00-01-26  H  FIRST READING                                                  
   00-01-26  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   00-02-02  H       ASSIGNED TO COMMITTEE               JUD-CIVIL LAW         
   00-02-15  H                         FISCAL NOTE FILED                       
   00-02-15  H                   COMMITTEE               JUD-CIVIL LAW         
   00-02-16  H                     FISCAL NOTE REQUESTED BLACK                 
   00-02-16  H  STATE MANDATES FISCAL NOTE REQUESTED     BLACK                 
   00-02-16  H  HOME RULE NOTE REQUESTED                 BLACK                 
   00-02-16  H                   JUDICIAL NOTE REQUESTED BLACK                 
   00-02-16  H                             AMENDMENT NO. 01-JUD-CIVIL LAW H    
   00-02-16  H                                   ADOPTED                       
   00-02-16  H  DO PASS AS AMENDED/STANDARD DEBATE       006-004-000   HJUA    
   00-02-16  H  PLACED CAL 2ND READING-STANDARD DEBATE                         
   00-02-22  H                       JUDICIAL NOTE FILED                       
   00-02-22  H  CALENDAR ORDER 2ND READING-STANDARD DBT                        
   00-02-22  H  ADDED AS A JOINT SPONSOR                 DAVIS,MONIQUE         
   00-02-23  H  STATE MNDT FISCAL NOTE FILED AS AMENDED  BY HOUSE AMEND #1     
   00-02-23  H  HOME RULE NOTE FILED AS AMENDED          BY HOUSE AMEND #1     
   00-02-23  H  SECOND READING-STANDARD DEBATE                                 
   00-02-23  H  PLCD CAL ORDER 3RD READING-STNDRD DEBATE                       
   00-02-29  H  MOTION PREVAILED- RECALL TO 2ND READING                        
   00-02-29  H                             AMENDMENT NO. 02-FLOWERS            
   00-02-29  H                     AMENDMENT REFERRED TO HRUL                  
   00-02-29  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   00-03-01  H                             AMENDMENT NO. 02-FLOWERS            
   00-03-01  H                           RULES REFERS TO HJUA                  
   00-03-01  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   00-03-02  H                             AMENDMENT NO. 02-FLOWERS            
   00-03-02  H  RECOMMENDS BE ADOPTED                    HJUA/006-001-004      
   00-03-02  H  FISCAL NOTE REQUESTED AS AMENDED         BY HA #2/CROSS        
   00-03-02  H  JUDICIAL NOTE REQUESTED AS AMENDED       BY HA #2/CROSS        
   00-03-02  H  ADDED AS A JOINT SPONSOR                 SCOTT                 
   00-03-02  H  ADDED AS A JOINT SPONSOR                 O'BRIEN               
   00-03-02  H  ADDED AS A JOINT SPONSOR                 DART                  
   00-03-02  H                             AMENDMENT NO. 03-FLOWERS            
   00-03-02  H                     AMENDMENT REFERRED TO HRUL                  
   00-03-02  H                             AMENDMENT NO. 03-FLOWERS            
   00-03-02  H  RECOMMENDS BE ADOPTED                    HRUL/003-002-000      
   00-03-02  H                             AMENDMENT NO. 02-FLOWERS            
   00-03-02  H                                 WITHDRAWN                       
   00-03-02  H  FISCAL NOTE REQUESTED AS AMENDED         BY HA #3/BLACK        
   00-03-02  H  JUDICIAL NOTE REQUESTED AS AMENDED       BY HA #3/BLACK        
   00-03-02  H                             AMENDMENT NO. 03-FLOWERS            
   00-03-02  H                                   ADOPTED                       
   00-03-02  H  FISCAL NOTE FILED AS AMENDED                                   
   00-03-02  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   00-03-02  H  ADDED AS A CO-SPONSOR                    GILES                 
   00-03-02  H  ADDED AS A CO-SPONSOR                    SHARP                 
   00-03-03  H  FISCAL NOTE FILED AS AMENDED             BY HOUSE AMEND #2     
   00-03-03  H  FISCAL NOTE FILED AS AMENDED             BY HOUSE AMEND #3     
   00-03-03  H  JUDICIAL NOTE FILED AS AMENDED           BY HOUSE AMEND #2     
   00-03-03  H  JUDICIAL NOTE FILED AS AMENDED           BY HOUSE AMEND #3     
   00-03-03  H  PLCD CAL ORDER 3RD READING-STNDRD DEBATE                       
   00-03-03  H  THIRD READING/STANDARD DEBATE/PASS       115-000-001           
   00-03-03  H  ADDED AS A CO-SPONSOR                    HOWARD                
   00-03-06  S  ARRIVE IN SENATE                                               
   00-03-06  S  PLACED CALENDAR ORDER OF FIRST READING   00-03-07              
   00-03-07  S  CHIEF SPONSOR                            LIGHTFORD             
   00-03-07  S  STATE MNDT FISCAL NOTE FILED AS AMENDED  HA 03                 
   00-03-07  S  HOME RULE NOTE FILED AS AMENDED          HA 03                 
   00-03-08  S  FIRST READING                                                  
   00-03-08  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   00-03-09  S  SPONSOR REMOVED                          LIGHTFORD             
   00-03-09  S  ALTERNATE CHIEF SPONSOR CHANGED TO       SHAW                  
   01-01-09  H  SESSION SINE DIE                                               

   END OF INQUIRY 



 Full Text  Bill Summary