JUV CT&PROBATE-GUARDIANSHIP

Full Bill Text

HB4614 Enrolled LRB104 18813 RLC 32256 b 1 AN ACT concerning guardianship. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Juvenile Court Act of 1987 is amended by 5 changing Sections 2-27 and 2-33 as follows: 6 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27) 7 Sec. 2-27. Placement; legal custody or guardianship. 8 (1) If the court determines and puts in writing the 9 factual basis supporting the determination of whether the 10 parents, guardian, or legal custodian of a minor adjudged a 11 ward of the court are unfit or are unable, for some reason 12 other than financial circumstances alone, to care for, 13 protect, train or discipline the minor or are unwilling to do 14 so, and that the health, safety, and best interest of the minor 15 will be jeopardized if the minor remains in the custody of the 16 minor's parents, guardian or custodian, the court may at this 17 hearing and at any later point: 18 (a) place the minor in the custody of a suitable 19 relative or other person as legal custodian or guardian; 20 (a-5) with the approval of the Department of Children 21 and Family Services, place the minor in the subsidized 22 guardianship of a suitable relative or other person as 23 legal guardian; "subsidized guardianship" has the meaning HB4614 Enrolled - 2 - LRB104 18813 RLC 32256 b 1 ascribed to that term in Section 4d of the Children and 2 Family Services Act; 3 (b) place the minor under the guardianship of a 4 probation officer; 5 (c) commit the minor to an agency for care or 6 placement, except an institution under the authority of 7 the Department of Corrections or of the Department of 8 Children and Family Services; 9 (d) on and after the effective date of this amendatory 10 Act of the 98th General Assembly and before January 1, 11 2017, commit the minor to the Department of Children and 12 Family Services for care and service; however, a minor 13 charged with a criminal offense under the Criminal Code of 14 1961 or the Criminal Code of 2012 or adjudicated 15 delinquent shall not be placed in the custody of or 16 committed to the Department of Children and Family 17 Services by any court, except (i) a minor less than 16 18 years of age and committed to the Department of Children 19 and Family Services under Section 5-710 of this Act, (ii) 20 a minor under the age of 18 for whom an independent basis 21 of abuse, neglect, or dependency exists, or (iii) a minor 22 for whom the court has granted a supplemental petition to 23 reinstate wardship pursuant to subsection (2) of Section 24 2-33 of this Act. On and after January 1, 2017, commit the 25 minor to the Department of Children and Family Services 26 for care and service; however, a minor charged with a HB4614 Enrolled - 3 - LRB104 18813 RLC 32256 b 1 criminal offense under the Criminal Code of 1961 or the 2 Criminal Code of 2012 or adjudicated delinquent shall not 3 be placed in the custody of or committed to the Department 4 of Children and Family Services by any court, except (i) a 5 minor less than 15 years of age and committed to the 6 Department of Children and Family Services under Section 7 5-710 of this Act, (ii) a minor under the age of 18 for 8 whom an independent basis of abuse, neglect, or dependency 9 exists, or (iii) a minor for whom the court has granted a 10 supplemental petition to reinstate wardship pursuant to 11 subsection (2) of Section 2-33 of this Act. An independent 12 basis exists when the allegations or adjudication of 13 abuse, neglect, or dependency do not arise from the same 14 facts, incident, or circumstances which give rise to a 15 charge or adjudication of delinquency. The Department 16 shall be given due notice of the pendency of the action and 17 the Guardianship Administrator of the Department of 18 Children and Family Services shall be appointed guardian 19 of the person of the minor. Whenever the Department seeks 20 to discharge a minor from its care and service, the 21 Guardianship Administrator shall petition the court for an 22 order terminating guardianship. The Guardianship 23 Administrator may designate one or more other officers of 24 the Department, appointed as Department officers by 25 administrative order of the Department Director, 26 authorized to affix the signature of the Guardianship HB4614 Enrolled - 4 - LRB104 18813 RLC 32256 b 1 Administrator to documents affecting the guardian-ward 2 relationship of children for whom the Guardianship 3 Administrator has been appointed guardian at such times as 4 the Guardianship Administrator is unable to perform the 5 duties of the Guardianship Administrator office. The 6 signature authorization shall include but not be limited 7 to matters of consent of marriage, enlistment in the armed 8 forces, legal proceedings, adoption, major medical and 9 surgical treatment and application for driver's license. 10 Signature authorizations made pursuant to the provisions 11 of this paragraph shall be filed with the Secretary of 12 State and the Secretary of State shall provide upon 13 payment of the customary fee, certified copies of the 14 authorization to any court or individual who requests a 15 copy. 16 (1.5) In making a determination under this Section, the 17 court shall also consider whether, based on health, safety, 18 and the best interests of the minor, 19 (a) appropriate services aimed at family preservation 20 and family reunification have been unsuccessful in 21 rectifying the conditions that have led to a finding of 22 unfitness or inability to care for, protect, train, or 23 discipline the minor, or 24 (b) no family preservation or family reunification 25 services would be appropriate, 26 and if the petition or amended petition contained an HB4614 Enrolled - 5 - LRB104 18813 RLC 32256 b 1 allegation that the parent is an unfit person as defined in 2 subdivision (D) of Section 1 of the Adoption Act, and the order 3 of adjudication recites that parental unfitness was 4 established by clear and convincing evidence, the court shall, 5 when appropriate and in the best interest of the minor, enter 6 an order terminating parental rights and appointing a guardian 7 with power to consent to adoption in accordance with Section 8 2-29. 9 When making a placement, the court, wherever possible, 10 shall require the Department of Children and Family Services 11 to select a person holding the same religious belief as that of 12 the minor or a private agency controlled by persons of like 13 religious faith of the minor and shall require the Department 14 to otherwise comply with Section 7 of the Children and Family 15 Services Act in placing the child. In addition, whenever 16 alternative plans for placement are available, the court shall 17 ascertain and consider, to the extent appropriate in the 18 particular case, the views and preferences of the minor. 19 (2) (a) When a minor is placed with a suitable relative or 20 other person pursuant to item (a) of subsection (1), the court 21 shall appoint the suitable relative or other person the legal 22 custodian or guardian of the person of the minor. When a minor 23 is committed to any agency, the court shall appoint the proper 24 officer or representative thereof as legal custodian or 25 guardian of the person of the minor. Legal custodians and 26 guardians of the person of the minor appointed under HB4614 Enrolled - 6 - LRB104 18813 RLC 32256 b 1 subsection (1) have the respective rights and duties set forth 2 in subsection (8) or (9) of Section 1-3 except as otherwise 3 provided by order of court; but no guardian of the person may 4 consent to adoption of the minor unless that authority is 5 conferred upon the guardian in accordance with Section 2-29. 6 (b) The following additional provisions apply to legal 7 custodians or guardians appointed under paragraphs (b), (c), 8 and (d) of subsection (1) : 9 (A) When a minor is committed to any agency, the court 10 shall appoint the proper officer or representative thereof 11 as legal custodian or guardian of the person of the minor. 12 (B) An agency whose representative is appointed 13 guardian of the person or legal custodian of the minor may 14 place the minor in any child care facility, but the 15 facility must be licensed under the Child Care Act of 1969 16 or have been approved by the Department of Children and 17 Family Services as meeting the standards established for 18 such licensing. 19 (C) No agency may place a minor adjudicated under 20 Sections 2-3 or 2-4 in a child care facility unless the 21 placement is in compliance with the rules and regulations 22 for placement under this Section promulgated by the 23 Department of Children and Family Services under Section 5 24 of the Children and Family Services Act. Like authority 25 and restrictions shall be conferred by the court upon any 26 probation officer who has been appointed guardian of the HB4614 Enrolled - 7 - LRB104 18813 RLC 32256 b 1 person of a minor. 2 (3) No placement by any probation officer or agency whose 3 representative is appointed guardian of the person or legal 4 custodian of a minor may be made in any out of State child care 5 facility unless it complies with the Interstate Compact on the 6 Placement of Children. Placement with a parent, however, is 7 not subject to that Interstate Compact. 8 (4) The clerk of the court shall issue to the legal 9 custodian or guardian of the person a certified copy of the 10 order of court, as proof of the legal custodian's or 11 guardian's authority. No other process is necessary as 12 authority for the keeping of the minor. 13 (5) (a) Custody or guardianship granted under (a) or (a-5) 14 of subsection (1) this Section continues until the court 15 otherwise directs, but not after the minor reaches the age of 16 18 years. 17 (b) Custody or guardianship granted under paragraph (b), 18 (c), or (d) of subsection (1) continues until the court 19 otherwise directs, but not after the minor reaches the age of 20 21 years. but not after the minor reaches the age of 19 years 21 except as set forth in Section 2-31, or if the minor was 22 previously committed to the Department of Children and Family 23 Services for care and service and the court has granted a 24 supplemental petition to reinstate wardship pursuant to 25 subsection (2) of Section 2-33. 26 (6) (Blank). HB4614 Enrolled - 8 - LRB104 18813 RLC 32256 b 1 (Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 7-1-25 .) 2 (705 ILCS 405/2-33) 3 (Text of Section before amendment by P.A. 104-107 ) 4 Sec. 2-33. Supplemental petition to reinstate wardship. 5 (1) Any time prior to a minor's 18th birthday, a 6 supplemental petition may be filed to address issues related 7 to the guardianship, including to seek enforcement of 8 visitation or to terminate the guardianship or discharge the 9 guardian pursuant to a supplemental petition filed under this 10 Section, the court may reinstate wardship and open a 11 previously closed case when: 12 (a) wardship and guardianship under the Juvenile Court 13 Act of 1987 was vacated in conjunction with the 14 appointment of a private guardian under the Probate Act of 15 1975 or under the Juvenile Court Act of 1987 ; and 16 (b) the minor is not presently a ward of the court 17 under Article II of this Act nor is there a petition for 18 adjudication of wardship pending on behalf of the minor . ; 19 and 20 (c) it is in the minor's best interest that wardship 21 be reinstated. 22 Upon the filing of a supplemental petition, the court 23 shall reinstate wardship and open a previously closed case for 24 purposes of addressing the petition. 25 (2) Any time prior to a minor's 21st birthday, pursuant to HB4614 Enrolled - 9 - LRB104 18813 RLC 32256 b 1 a supplemental petition filed under this Section, the court 2 may reinstate wardship and open a previously closed case when: 3 (a) wardship and guardianship under this Act was 4 vacated pursuant to: 5 (i) an order entered under subsection (2) of 6 Section 2-31 in the case of a minor over the age of 18; 7 (ii) closure of a case under subsection (2) of 8 Section 2-31 in the case of a minor under the age of 18 9 who has been partially or completely emancipated in 10 accordance with the Emancipation of Minors Act; or 11 (iii) an order entered under subsection (3) of 12 Section 2-31 based on the minor's attaining the age of 13 19 years before the effective date of this amendatory 14 Act of the 101st General Assembly; 15 (b) the minor is not presently a ward of the court 16 under Article II of this Act nor is there a petition for 17 adjudication of wardship pending on behalf of the minor; 18 and 19 (c) it is in the minor's best interest that wardship 20 be reinstated. 21 (3) The supplemental petition must be filed in the same 22 proceeding in which the original adjudication order was 23 entered. Unless excused by court for good cause shown, the 24 petitioner shall give notice of the time and place of the 25 hearing on the supplemental petition, in person or by mail, to 26 the minor, if the minor is 14 years of age or older, and to the HB4614 Enrolled - 10 - LRB104 18813 RLC 32256 b 1 parties to the juvenile court proceeding. Notice shall be 2 provided at least 3 court days in advance of the hearing date. 3 Any hearing on a supplemental petition filed under subsection 4 (1) for custody to be restored to a parent, guardian, or legal 5 custodian shall be conducted consistent with paragraph (4) of 6 Section 2-28 of this Act. 7 (3.5) Whenever a petition is filed to reinstate wardship 8 pursuant to subsection (1), prior to granting the petition, 9 the court may order the Department of Children and Family 10 Services to assess the minor's current and proposed living 11 arrangements and to provide ongoing monitoring of the health, 12 safety, and best interest of the minor during the pendency of 13 the petition to assist the court in making that determination. 14 (4) A minor who is the subject of a petition to reinstate 15 wardship under this Section shall be provided with 16 representation in accordance with Sections 1-5 and 2-17 of 17 this Act. 18 (5) Whenever a minor is committed to the Department of 19 Children and Family Services for care and services following 20 the reinstatement of wardship under this Section, the 21 Department shall: 22 (a) Within 30 days of such commitment, prepare and 23 file with the court a case plan which complies with the 24 federal Adoption Assistance and Child Welfare Act of 1980 25 and is consistent with the health, safety and best 26 interests of the minor; and HB4614 Enrolled - 11 - LRB104 18813 RLC 32256 b 1 (b) Promptly refer the minor for such services as are 2 necessary and consistent with the minor's health, safety 3 and best interests. 4 (Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.) 5 (Text of Section after amendment by P.A. 104-107 ) 6 Sec. 2-33. Supplemental petition to reinstate wardship. 7 (1) Any time prior to a minor's 18th birthday, a 8 supplemental petition may be filed to address issues related 9 to the guardianship, including to seek enforcement of 10 visitation or to terminate the guardianship or discharge the 11 guardian pursuant to a supplemental petition filed under this 12 Section, the court may reinstate wardship and open a 13 previously closed case when: 14 (a) wardship and guardianship under the Juvenile Court 15 Act of 1987 was vacated in conjunction with the 16 appointment of a private guardian under the Probate Act of 17 1975 or under the Juvenile Court Act of 1987 ; and 18 (b) the minor is not presently a ward of the court 19 under Article II of this Act nor is there a petition for 20 adjudication of wardship pending on behalf of the minor . ; 21 and 22 (c) it is in the minor's best interest that wardship 23 be reinstated. 24 Upon the filing of a supplemental petition, the court 25 shall reinstate wardship and open a previously closed case for HB4614 Enrolled - 12 - LRB104 18813 RLC 32256 b 1 purposes of addressing the petition. 2 (2) Any time prior to a minor's 21st birthday, pursuant to 3 a supplemental petition filed under this Section, the court 4 may reinstate wardship and open a previously closed case when: 5 (a) wardship and guardianship under this Act was 6 vacated pursuant to: 7 (i) an order entered under subsection (2) of 8 Section 2-31 in the case of a minor over the age of 18; 9 (ii) closure of a case under subsection (2) of 10 Section 2-31 in the case of a minor under the age of 18 11 who has been partially or completely emancipated in 12 accordance with the Emancipation of Minors Act; or 13 (iii) an order entered under subsection (3) of 14 Section 2-31 based on the minor's attaining the age of 15 19 years before the effective date of this amendatory 16 Act of the 101st General Assembly; 17 (b) the minor is not presently a ward of the court 18 under Article II of this Act nor is there a petition for 19 adjudication of wardship pending on behalf of the minor; 20 and 21 (c) it is in the minor's best interest that wardship 22 be reinstated. 23 (3) The supplemental petition must be filed in the same 24 proceeding in which the original adjudication order was 25 entered. Unless excused by court for good cause shown, the 26 petitioner shall give notice of the time and place of the HB4614 Enrolled - 13 - LRB104 18813 RLC 32256 b 1 hearing on the supplemental petition, in person or by mail, to 2 the minor, if the minor is 14 years of age or older, and to the 3 parties to the juvenile court proceeding. Notice shall be 4 provided at least 3 court days in advance of the hearing date. 5 Any hearing on a supplemental petition filed under subsection 6 (1) for custody to be restored to a parent, guardian, or legal 7 custodian shall be conducted consistent with paragraph (4) of 8 Section 2-28 of this Act. 9 (3.5) Whenever a petition is filed to reinstate wardship 10 pursuant to subsection (1), prior to granting the petition, 11 the court may order the Department of Children and Family 12 Services to assess the minor's current and proposed living 13 arrangements and to provide ongoing monitoring of the health, 14 safety, and best interest of the minor during the pendency of 15 the petition to assist the court in making that determination. 16 (4) A minor who is the subject of a petition to reinstate 17 wardship under this Section shall be provided with 18 representation in accordance with Sections 1-5 and 2-17 of 19 this Act. 20 (5) Whenever a minor is committed to the Department of 21 Children and Family Services for care and services following 22 the reinstatement of wardship under this Section, the 23 Department shall: 24 (a) Within 30 days of such commitment, prepare and 25 file with the court a case plan which complies with the 26 federal Adoption Assistance and Child Welfare Act of 1980 HB4614 Enrolled - 14 - LRB104 18813 RLC 32256 b 1 and is consistent with the health, safety and best 2 interests of the minor; and 3 (b) Promptly refer the minor for such services as are 4 necessary and consistent with the minor's health, safety 5 and best interests. 6 (6) Whenever the court grants a petition to reinstate 7 wardship under this Section, the court shall schedule the case 8 for a permanency hearing in accordance with Section 2-28 and a 9 Successful Transition to Adulthood Review hearing in 10 accordance with Section 2-28.2, if applicable. 11 (Source: P.A. 104-107, eff. 7-1-26.) 12 Section 10. The Probate Act of 1975 is amended by changing 13 Section 11-5 as follows: 14 (755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5) 15 Sec. 11-5. Appointment of guardian. 16 (a) Upon the filing of a petition for the appointment of a 17 guardian or on its own motion, the court may appoint a guardian 18 of the estate or of both the person and estate, of a minor, or 19 may appoint a guardian of the person only of a minor or minors, 20 as the court finds to be in the best interest of the minor or 21 minors. 22 (a-1) A parent, adoptive parent or adjudicated parent, 23 whose parental rights have not been terminated, may designate 24 in any writing, including a will, a person qualified to act HB4614 Enrolled - 15 - LRB104 18813 RLC 32256 b 1 under Section 11-3 to be appointed as guardian of the person or 2 estate, or both, of an unmarried minor or of a child likely to 3 be born. A parent, adoptive parent or adjudicated parent, 4 whose parental rights have not been terminated, or a guardian 5 or a standby guardian of an unmarried minor or of a child 6 likely to be born may designate in any writing, including a 7 will, a person qualified to act under Section 11-3 to be 8 appointed as successor guardian of the minor's person or 9 estate, or both. The designation must be witnessed by 2 or more 10 credible witnesses at least 18 years of age, neither of whom is 11 the person designated as the guardian. The designation may be 12 proved by any competent evidence. If the designation is 13 executed and attested in the same manner as a will, it shall 14 have prima facie validity. The designation of a guardian or 15 successor guardian does not affect the rights of the other 16 parent in the minor. 17 (b) The court lacks jurisdiction to proceed on a petition 18 for the appointment of a guardian of a minor if it finds that 19 (i) the minor has a living parent, adoptive parent or 20 adjudicated parent, whose parental rights have not been 21 terminated, whose whereabouts are known, and who is willing 22 and able to make and carry out day-to-day child care decisions 23 concerning the minor, unless: (1) the parent or parents 24 voluntarily relinquished physical custody of the minor; (2) 25 after receiving notice of the hearing under Section 11-10.1, 26 the parent or parents fail to object to the appointment at the HB4614 Enrolled - 16 - LRB104 18813 RLC 32256 b 1 hearing on the petition; (3) the parent or parents consent to 2 the appointment as evidenced by a written document that has 3 been notarized and dated, or by a personal appearance and 4 consent in open court; or (4) the parent or parents, due to an 5 administrative separation, are unable to give consent to the 6 appointment in person or by a notarized, written document as 7 evidenced by a sworn affidavit submitted by the petitioner 8 describing the parent's or parents' inability to receive 9 notice or give consent; or (ii) there is a guardian for the 10 minor appointed by a court of competent jurisdiction. There 11 shall be a rebuttable presumption that a parent of a minor is 12 willing and able to make and carry out day-to-day child care 13 decisions concerning the minor, but the presumption may be 14 rebutted by a preponderance of the evidence. If a short-term 15 guardian has been appointed for the minor prior to the filing 16 of the petition and the petitioner for guardianship is not the 17 short-term guardian, there shall be a rebuttable presumption 18 that it is in the best interest of the minor to remain in the 19 care of the short-term guardian. The petitioner shall have the 20 burden of proving by a preponderance of the evidence that it is 21 not in the child's best interest to remain with the short-term 22 guardian. 23 (b-1) If the court finds the appointment of a guardian of 24 the minor to be in the best interest of the minor, and if a 25 standby guardian has previously been appointed for the minor 26 under Section 11-5.3, the court shall appoint the standby HB4614 Enrolled - 17 - LRB104 18813 RLC 32256 b 1 guardian as the guardian of the person or estate, or both, of 2 the minor unless the court finds, upon good cause shown, that 3 the appointment would no longer be in the best interest of the 4 minor. 5 (b-2) No petition for the appointment of a guardian of a 6 minor shall be filed if the primary purpose of the filing is to 7 reduce the financial resources available to the minor in order 8 to cause the minor to qualify for public or private financial 9 assistance from an educational institution. The court may deny 10 the petition if it finds by a preponderance of the evidence 11 that the primary purpose of the filing is to enable the minor 12 to declare financial independence so that the minor may obtain 13 public or private financial assistance from an educational 14 institution or a State or federal student financial aid 15 program. 16 (b-3) If the minor is a youth in care under the 17 guardianship of the Department of Children and Family Services 18 pursuant to the Juvenile Court Act of 1987 when the petition 19 for the appointment of a guardian of a minor is filed, the 20 court's determinations and findings shall be made consistent 21 with subsection (4) of Section 2-28 of the Juvenile Court Act 22 of 1987. Any motion to modify or vacate the appointment of a 23 guardian of a minor who was a youth in care immediately 24 preceding the filing of a petition for the appointment of a 25 minor guardian shall be filed and reviewed pursuant to Section 26 2-33 of the Juvenile Court Act of 1987. If custody and HB4614 Enrolled - 18 - LRB104 18813 RLC 32256 b 1 guardianship is to be restored to a parent or guardian who was 2 a respondent in the Juvenile Court Act of 1987 case, the 3 court's determinations and findings shall be made consistent 4 with subsection (4) of Section 2-28 of the Juvenile Court Act 5 of 1987. For purposes of this subsection, "youth in care" has 6 the meaning provided in Section 4d of the Children and Family 7 Services Act. 8 (c) If the minor is 14 years of age or more, the minor may 9 nominate the guardian of the minor's person and estate, 10 subject to approval of the court. If the minor's nominee is not 11 approved by the court or if, after notice to the minor, the 12 minor fails to nominate a guardian of the minor's person or 13 estate, the court may appoint the guardian without nomination. 14 (d) The court shall not appoint as guardian of the person 15 of the minor any person whom the court has determined had 16 caused or substantially contributed to the minor becoming a 17 neglected or abused minor as defined in the Juvenile Court Act 18 of 1987, unless 2 years have elapsed since the last proven 19 incident of abuse or neglect and the court determines that 20 appointment of such person as guardian is in the best 21 interests of the minor. 22 (e) Previous statements made by the minor relating to any 23 allegations that the minor is an abused or neglected child 24 within the meaning of the Abused and Neglected Child Reporting 25 Act, or an abused or neglected minor within the meaning of the 26 Juvenile Court Act of 1987, shall be admissible in evidence in HB4614 Enrolled - 19 - LRB104 18813 RLC 32256 b 1 a hearing concerning appointment of a guardian of the person 2 or estate of the minor. No such statement, however, if 3 uncorroborated and not subject to cross-examination, shall be 4 sufficient in itself to support a finding of abuse or neglect. 5 (Source: P.A. 103-475, eff. 1-1-24 .) 6 Section 95. No acceleration or delay. Where this Act makes 7 changes in a statute that is represented in this Act by text 8 that is not yet or no longer in effect (for example, a Section 9 represented by multiple versions), the use of that text does 10 not accelerate or delay the taking effect of (i) the changes 11 made by this Act or (ii) provisions derived from any other 12 Public Act. 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.