Public Act 098-0477
 
HB3147 EnrolledLRB098 09051 RLC 39187 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 2-34 as follows:
 
    (705 ILCS 405/2-34)
    (Section scheduled to be repealed on August 21, 2013)
    Sec. 2-34. Motion to reinstate parental rights.
    (1) For purposes of this subsection (1), the term "parent"
refers to the person or persons whose rights were terminated as
described in paragraph (a) of this subsection; and the term
"minor" means a person under the age of 21 years subject to
this Act for whom the Department of Children and Family
Services Guardianship Administrator is appointed the temporary
custodian or guardian.
    A motion to reinstate parental rights may be filed only by
the Department of Children and Family Services or the minor
regarding any minor who is presently a ward of the court under
Article II of this Act when all the conditions set out in
paragraphs (a), (b), (c), (d), (e), (f), and (g) of this
subsection (1) are met:
        (a) while the minor was under the jurisdiction of the
    court under Article II of this Act, the minor's parent or
    parents surrendered the minor for adoption to an agency
    legally authorized to place children for adoption, or the
    minor's parent or parents consented to his or her adoption,
    or the minor's parent or parents consented to his or her
    adoption by a specified person or persons, or the parent or
    parents' rights were terminated pursuant to a finding of
    unfitness pursuant to Section 2-29 of this Act and a
    guardian was appointed with the power to consent to
    adoption pursuant to Section 2-29 of this Act; and
        (b) (i) since the signing of the surrender, the signing
    of the consent, or the unfitness finding, the minor has
    remained a ward of the Court under Article II of this Act;
    or
        (ii) the minor was made a ward of the Court, the minor
    was placed in the private guardianship of an individual or
    individuals, and after the appointment of a private
    guardian and a new petition alleging abuse, neglect, or
    dependency pursuant to Section 2-3 or 2-4 is filed, and the
    minor is again found by the court to be abused, neglected
    or dependent; or a supplemental petition to reinstate
    wardship is filed pursuant to Section 2-33, and the court
    reinstates wardship; or
        (iii) the minor was made a ward of the Court, wardship
    was terminated after the minor was adopted, after the
    adoption a new petition alleging abuse, neglect, or
    dependency pursuant to Section 2-3 or 2-4 is filed, and the
    minor is again found by the court to be abused, neglected,
    or dependent, and either (i) the adoptive parent or parents
    are deceased, (ii) the adoptive parent or parents signed a
    surrender of parental rights, or (iii) the parental rights
    of the adoptive parent or parents were terminated;
        (c) the minor is not currently in a placement likely to
    achieve permanency;
        (d) it is in the minor's best interest that parental
    rights be reinstated;
        (e) the parent named in the motion wishes parental
    rights to be reinstated and is currently appropriate to
    have rights reinstated;
        (f) more than 3 years have lapsed since the signing of
    the consent or surrender, or the entry of the order
    appointing a guardian with the power to consent to
    adoption;
        (g) (i) the child is 13 years of age or older or (ii)
    the child is the younger sibling of such child, 13 years of
    age or older, for whom reinstatement of parental rights is
    being sought and the younger sibling independently meets
    the criteria set forth in paragraphs (a) through (h) of
    this subsection; and
        (h) if the court has previously denied a motion to
    reinstate parental rights filed by the Department, there
    has been a substantial change in circumstances following
    the denial of the earlier motion.
    (2) The motion may be filed only by the Department of
Children and Family Services or by the minor. Unless excused by
the court for good cause shown, the movant shall give notice of
the time and place of the hearing on the motion, in person or
by mail, to the parties to the juvenile court proceeding.
Notice shall be provided at least 14 days in advance of the
hearing date. The motion shall include the allegations required
in subsection (1) of this Section.
    (3) Any party may file a motion to dismiss the motion with
prejudice on the basis that the parent has intentionally acted
to prevent the child from being adopted, after parental rights
were terminated or the parent intentionally acted to disrupt
the child's adoption. If the court finds by a preponderance of
the evidence that the parent has intentionally acted to prevent
the child from being adopted, after parental rights were
terminated or that the parent intentionally acted to disrupt
the child's adoption, the court shall dismiss the petition with
prejudice.
    (4) The court shall not grant a motion for reinstatement of
parental rights unless the court finds that the motion is
supported by clear and convincing evidence. In ruling on a
motion to reinstate parental rights, the court shall make
findings consistent with the requirements in subsection (1) of
this Section. The court shall consider the reasons why the
child was initially brought to the attention of the court, the
history of the child's case as it relates to the parent seeking
reinstatement, and the current circumstances of the parent for
whom reinstatement of rights is sought. If reinstatement is
being considered subsequent to a finding of unfitness pursuant
to Section 2-29 of this Act having been entered with respect to
the parent whose rights are being restored, the court in
determining the minor's best interest shall consider, in
addition to the factors set forth in paragraph (4.05) of
Section 1-3 of this Act, the specific grounds upon which the
unfitness findings were made. Upon the entry of an order
granting a motion to reinstate parental rights, parental rights
of the parent named in the order shall be reinstated, any
previous order appointing a guardian with the power to consent
to adoption shall be void and with respect to the parent named
in the order, any consent shall be void.
    (5) If the case is post-disposition, the court, upon the
entry of an order granting a motion to reinstate parental
rights, shall schedule the matter for a permanency hearing
pursuant to Section 2-28 of this Act within 45 days.
    (6) Custody of the minor shall not be restored to the
parent, except by order of court pursuant to subsection (4) of
Section 2-28 of this Act.
    (7) In any case involving a child over the age of 13 who
meets the criteria established in this Section for
reinstatement of parental rights, the Department of Children
and Family Services shall conduct an assessment of the child's
circumstances to assist in future planning for the child,
including, but not limited to a determination regarding the
appropriateness of filing a motion to reinstate parental
rights.
    (8) (Blank). This Section is repealed 4 years after the
effective date of this amendatory Act of the 96th General
Assembly.
(Source: P.A. 96-600, eff. 8-21-09; 96-1375, eff. 7-29-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.