SB2246 101ST GENERAL ASSEMBLY

LRB101 11904 LNS 58936 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2246

Introduced 4/4/2019, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

750 ILCS 50/15

from Ch. 40, par. 1519

Amends the Adoption Act. Provides that if a child is placed for adoption, any relative who wishes to adopt the child, upon a written or oral motion to intervene, shall be made a party to the adoption proceeding. Provides that an intervening party may not exercise the right to a substitution of judge. Provides that if there is a grandparent who wishes to adopt, the court shall place the child with the grandparent unless the court makes an express finding based on clear and convincing evidence that placement with the grandparent would be harmful to the child's welfare. Provides that if no grandparent is available, the court shall place the child with another relative in the following order: an older sibling, an aunt or uncle, a cousin or cousins, or other relative. Provides that a relative may waive his or her right to adopt a child, and make the waiver conditional on the child being adopted by some other designated relative. Provides that if the designated relative fails to adopt the child, or the designative relative adopts the child and his or her parental rights to the child are subsequently terminated, then the rights waived may be reasserted. Provides that the court may enter an order requiring any relative who wishes to conditionally waive adoption rights to name the designated relative no less than 30 days after being made a party to the adoption proceeding.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Adoption Act is amended by changing Section 15 as follows:

(750 ILCS 50/15) (from Ch. 40, par. 1519)

Sec. 15. Placement of child - religion; relation.

(a) The welfare of the child shall be the prime consideration in all adoption proceedings. The court in entering a judgment of adoption shall, whenever possible, give custody through adoption to a petitioner or petitioners of the same religious belief as that of the child.

(b) It is the public policy of this State to favor adoption of a child by a relative unless it is shown by clear and convincing evidence that any such adoption would be harmful to the welfare of the child.

(c) If a child is placed for adoption, any relative who wishes to adopt the child and who is not already a party to the adoption proceeding, upon a written or oral motion to intervene, shall be made a party to the adoption proceeding, except that no one who becomes a party under this subsection may exercise the rights granted by paragraph (2) of subsection (a) of Section 2-1001 of the Code of Civil Procedure.

(d) If there is a grandparent who wishes to adopt, the court shall place the child with the grandparent, unless after an evidentiary hearing the court makes an express finding based on clear and convincing evidence that placement with the grandparent would be harmful to the child's welfare.

(e) If no grandparent is available, then if there is an older sibling who wishes to adopt, the court shall place the child with the older sibling, unless after an evidentiary hearing the court makes an express finding based on clear and convincing evidence that placement with the older sibling would be harmful to the child's welfare.

(f) If no grandparent or older sibling is available, then if there is an aunt or uncle who wishes to adopt, the court shall place the child with the aunt or uncle, or both, unless after an evidentiary hearing the court makes an express finding based on clear and convincing evidence that placement with the aunt or uncle, or both, would be harmful to the child's welfare.

(g) If no grandparent, older sibling, or aunt or uncle is available, then if there is a cousin who wishes to adopt, the court shall place the child with the cousin, unless after an evidentiary hearing the court makes an express finding based on clear and convincing evidence that placement with the cousin or cousins would be harmful to the child's welfare.

(h) If no grandparent, older sibling, aunt or uncle, or cousin is available, then if there is a relative who wishes to adopt, the court shall place the child with the relative, unless after an evidentiary hearing the court makes an express finding based on clear and convincing evidence that placement with the relative would be harmful to the child's welfare.

(i) A grandparent, older sibling, aunt or uncle, or cousin may waive his or her right to adopt a child and make the waiver conditional on the child being adopted by some other designated relative. If the designated relative fails to adopt the child, or if the designated relative does adopt the child and his or her parental rights to the child are subsequently terminated, then the rights waived under this subsection may be reasserted. No relative may waive and subsequently reassert rights in this manner more than twice in an adoption proceeding.

(j) The court, on motion of any party or on its own motion, may enter an order requiring any relative who wishes to conditionally waive adoption rights under subsection (i) to name the designated relative or relatives no less than 30 days after being made a party to the adoption proceeding.

(Source: P.A. 84-452.)