Bill Status of HB 5157   100th General Assembly

Short Description:  SURROGATE HEALTH DECISIONS-JUV

House Sponsors
Rep. Sara Feigenholtz-André Thapedi-Emanuel Chris Welch-Nick Sauer and Patricia R. Bellock

Senate Sponsors
(Sen. Kwame Raoul and John F. Curran-John G. Mulroe)


Last Action  View All Actions

DateChamber Action
  8/19/2018HousePublic Act . . . . . . . . . 100-0959

Statutes Amended In Order of Appearance
705 ILCS 405/2-10from Ch. 37, par. 802-10
755 ILCS 40/25from Ch. 110 1/2, par. 851-25

Synopsis As Introduced
Amends the Juvenile Court Act of 1987. Provides that after the court has placed a minor in the care of a temporary custodian, any party may apply to the court to grant the temporary custodian the authority to serve as a surrogate decision maker for the minor under the Health Care Surrogate Act for purposes of making the decision whether to forgo life-sustaining treatment, if the court determines by clear and convincing evidence that it is in the best interests of the minor to grant the temporary custodian such authority. Provides that in making its determination, the court shall consider specified factors, the efforts made to engage the respondents in decision making on behalf of the child, evidence of the impact of a delay in decision making on the child, and any other factors the court deems relevant to a determination of the best interests of the minor. Provides that if the Department of Children and Family Services is the temporary custodian of the minor, in addition to specified requirements, the Department shall follow its rules and procedures in exercising authority granted under the new provisions. Amends the Health Care Surrogate Act. To the list of surrogate decision makers, adds the patient's temporary custodian appointed under the Juvenile Court Act of 1987 if the court has entered an order granting such authority.

House Committee Amendment No. 1
Removes language providing that any party may apply to the court to grant the temporary custodian the authority to serve as a surrogate decision maker for the minor if the court determines by clear and convincing evidence that it is in the best interests of the minor to grant the temporary custodian such authority. Provides instead that any party may apply, and the court may grant the motion if it determines by clear and convincing evidence that it is in the best interests of the minor to grant the temporary custodian such authority. Corrects a cross-reference.

House Floor Amendment No. 2
Removes language providing that any party may apply to the court to grant the temporary custodian the authority to serve as a surrogate decision maker for the minor if the court determines by clear and convincing evidence that it is in the best interests of the minor to grant the temporary custodian such authority. Provides instead that any party may file a motion, and the court may grant the motion if it determines by clear and convincing evidence that it is in the best interests of the minor to grant the temporary custodian such authority. Adds specified factors that the court shall consider in making its determination.

Actions 
DateChamber Action
  2/15/2018HouseFiled with the Clerk by Rep. Sara Feigenholtz
  2/16/2018HouseFirst Reading
  2/16/2018HouseReferred to Rules Committee
  3/7/2018HouseAssigned to Judiciary - Civil Committee
  3/23/2018HouseTo Domestic Relations Law Subcommittee
  3/28/2018HouseAdded Chief Co-Sponsor Rep. André Thapedi
  4/5/2018HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Sara Feigenholtz
  4/5/2018HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/6/2018HouseAdded Chief Co-Sponsor Rep. Emanuel Chris Welch
  4/9/2018HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  4/10/2018HouseRecommends Do Pass Subcommittee/ Judiciary - Civil Committee; 002-001-000
  4/10/2018HouseReported Back To Judiciary - Civil Committee;
  4/10/2018HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  4/10/2018HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 011-000-000
  4/10/2018HousePlaced on Calendar 2nd Reading - Short Debate
  4/13/2018HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Sara Feigenholtz
  4/13/2018HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/16/2018HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
  4/17/2018HouseSecond Reading - Short Debate
  4/17/2018HouseHeld on Calendar Order of Second Reading - Short Debate
  4/19/2018HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 010-000-000
  4/19/2018HouseHouse Floor Amendment No. 2 Adopted
  4/19/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/24/2018HouseThird Reading - Short Debate - Passed 113-000-000
  4/24/2018HouseAdded Chief Co-Sponsor Rep. Nick Sauer
  4/24/2018HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  4/24/2018SenateArrive in Senate
  4/24/2018SenatePlaced on Calendar Order of First Reading April 25, 2018
  4/25/2018SenateChief Senate Sponsor Sen. Kwame Raoul
  4/25/2018SenateFirst Reading
  4/25/2018SenateReferred to Assignments
  5/1/2018SenateWaive Posting Notice
  5/1/2018SenateAssigned to Judiciary
  5/9/2018SenateDo Pass Judiciary; 009-000-000
  5/9/2018SenatePlaced on Calendar Order of 2nd Reading May 10, 2018
  5/10/2018SenateAdded as Alternate Co-Sponsor Sen. John F. Curran
  5/16/2018SenateSecond Reading
  5/16/2018SenatePlaced on Calendar Order of 3rd Reading May 17, 2018
  5/23/2018SenateAdded as Alternate Chief Co-Sponsor Sen. John G. Mulroe
  5/24/2018SenateThird Reading - Passed; 055-000-000
  5/24/2018HousePassed Both Houses
  6/22/2018HouseSent to the Governor
  8/19/2018HouseGovernor Approved
  8/19/2018HouseEffective Date January 1, 2019
  8/19/2018HousePublic Act . . . . . . . . . 100-0959

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