SB 1430 Illinois Senate · 96th Regular Session

PROBATE-GUARDIANSHP TERMINATE

Summary
Amends the Probate Act of 1975. Provides that the court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor if the minor has a living fit parent (instead of living parent), adoptive parent or adjudicated parent, whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions concerning the minor. Provides that with regard to a parental right to custody, fitness of the parent shall be determined as of the time of the filing of the petition to establish the guardianship. Provides that in determining fitness, the court may consider those grounds set forth in the Adoption Act as grounds for unfitness. Provides that if a parent is found to be unfit, as of the date of filing a petition, he or she shall not automatically be entitled to custody or to terminate a guardianship, even upon the removal of the disability, but shall be required to satisfy the provisions of the Act. Provides that other than a guardianship terminating because the minor reaches the age of majority, a guardianship shall not be terminated by a court unless the court finds, based upon clear and convincing evidence, that there has been a material change in circumstances since the guardianship was created and that termination is in the minor's best interest considering: the integration of the minor into the guardian's family; the effect that removal of the minor from the guardian's care would have on the minor; the minor's relationship with the proposed care giver or parent; the relative economic abilities and physical and emotional abilities of the parties to provide for the minor's needs; and the minor's environment with the guardian compared to the proposed environment.
Bill status failed 3 of 5 stages cleared
Introduction
Apr 2009
Committee Review
May 2009
Senate Passage
Apr 2009
House Passage
Governor
Introduced Apr 3, 2009 Last action Jan 12, 2011
Floor votes · Senate Apr 2, 2009

How they voted

56–0
Passed · 2 other
Total votes 58
Apr 2, 2009
D Democratic36
36 Yea
100% Yea
R Republican22
20 Yea 2
90% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
34
Key actions
4
Committee
8
Amendments
4
May 31, 2009
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
May 6, 2009
Lower · Passed
Do Pass / Short Debate Judiciary I - Civil Law Committee; 009-005-001
lower
Apr 20, 2009
Committee
Assigned to Judiciary I - Civil Law Committee
lower
Apr 6, 2009
Committee
Referred to Rules Committee
lower
Apr 3, 2009
Introduced
Arrived in House
lower
Apr 2, 2009
Upper · Passed
Senate Floor Amendment No. 1 Adopted; Righter
upper
Apr 2, 2009
Senate · Passed
Senate Vote: pass (56-0-2)
senate
Mar 31, 2009
Introduced
Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 007-000-000
upper
Mar 25, 2009
Introduced
Senate Floor Amendment No. 1 Assignments Refers to Judiciary
upper
Mar 24, 2009
Committee
Senate Floor Amendment No. 1 Referred to Assignments
upper
Mar 24, 2009
Introduced
Senate Floor Amendment No. 1 Filed with Secretary by Sen. Dale A. Righter
upper
Mar 5, 2009
Upper · Passed
Do Pass Judiciary; 009-000-000
upper
Feb 25, 2009
Committee
Assigned to Judiciary
upper
Feb 18, 2009
Committee
Referred to Assignments
upper
0 primary · 1 co-sponsor

Sponsors

No sponsor information available.