93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6716


 
Introduced 02/09/04, by Roger L. Eddy
 
SYNOPSIS AS INTRODUCED:
 		














755 ILCS 5/11-5
  from Ch. 110 1/2, par. 11-5







    Amends the Probate Act of 1975.  Provides that the court shall not appoint as guardian of the person of the minor any person who is currently a registered sex offender.
















LRB093 18093 LCB 43781 b

















 


 


A BILL FOR









 











HB6716

LRB093 18093 LCB 43781 b






1
    AN ACT concerning estates.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Probate Act of 1975 is amended  by changing 
5
Section 11-5 as follows:
 



6
    (755 ILCS 5/11-5)  (from Ch. 110 1/2, par. 11-5)



7
    Sec. 11-5. Appointment of guardian. 


8
    (a) Upon the filing of a petition for the appointment of a 
9
guardian or on
its own motion, the court may appoint a guardian 
10
of the estate or of both the
person and estate, of a minor, or 
11
may appoint a guardian of the person only of
a minor or minors, 
12
as the court finds to be in the best interest of the minor
or 
13
minors.

14
    (a-1) A parent, adoptive parent or adjudicated parent, 
15
whose parental rights
have not been terminated, may designate 
16
in any writing, including a will, a
person qualified to act 
17
under Section 11-3 to be appointed as guardian of
the person or 
18
estate, or both, of an unmarried minor or of a child likely to 
19
be
born.  A parent, adoptive parent or adjudicated parent, whose 
20
parental rights
have not been terminated, or a guardian or a 
21
standby guardian of an unmarried
minor or of a child likely to 
22
be born may designate in any writing, including a
will, a 
23
person qualified to act under Section 11-3 to be appointed as 
24
successor
guardian of the minor's person or estate, or both.  
25
The designation must be
witnessed by 2 or more credible 
26
witnesses at least 18 years of age, neither of
whom is the 
27
person designated as the guardian.  The designation may be 
28
proved
by any competent evidence.  If the designation is 
29
executed and attested in the
same manner as a will, it shall 
30
have prima facie validity. The designation of a
guardian or 
31
successor guardian does not affect the rights of the other 
32
parent
in the minor.

 


 






HB6716
- 2 -
LRB093 18093 LCB 43781 b




1
    (b) The court lacks jurisdiction to proceed on a petition 
2
for the
appointment of a guardian of a minor if (i) the minor 
3
has a living parent,
adoptive parent or adjudicated parent, 
4
whose parental rights have not been
terminated, whose 
5
whereabouts are known, and who is willing and able to make
and 
6
carry out day-to-day child care decisions concerning the minor, 
7
unless the
parent or parents consent to the appointment or, 
8
after receiving notice of the
hearing under Section 11-10.1, 
9
fail to object to the appointment at the
hearing on the 
10
petition or (ii) there is a guardian for the minor appointed by

11
a court of competent jurisdiction.  There shall be a rebuttable 
12
presumption
that a parent of a minor is willing and able to 
13
make and carry out
day-to-day child care decisions concerning 
14
the minor, but the presumption may
be rebutted by a 
15
preponderance of the evidence.

16
    (b-1) If the court finds the appointment of a guardian of 
17
the minor to be
in the best interest of the minor, and if a 
18
standby guardian has previously
been appointed for the minor 
19
under Section 11-5.3, the court shall appoint the
standby 
20
guardian as the guardian of the person or estate, or both, of 
21
the minor
unless the court finds, upon good cause shown, that 
22
the appointment would no
longer be in the best interest of the 
23
minor.

24
    (c) If the minor is 14 years of age or more, the minor may 
25
nominate the
guardian of the minor's person and estate, subject 
26
to approval of the court. If
the minor's nominee is not 
27
approved by the court or if, after notice to the minor, the 
28
minor fails to nominate a
guardian of the minor's person or 
29
estate, the court may appoint the guardian
without nomination.

30
    (d) The court shall not appoint as guardian of the person 
31
of the minor any
person who is currently a registered sex 
32
offender or whom the court has determined had caused or 
33
substantially contributed to
the minor becoming a neglected or 
34
abused minor as defined in the Juvenile Court
Act of 1987 
35
unless 2 years have elapsed since the last proven incident of 
36
abuse
or neglect and the court determines that appointment of 
 


 






HB6716
- 3 -
LRB093 18093 LCB 43781 b




1
such person as guardian
is in the best interests of the minor.

2
    (e) Previous statements made by the minor relating to any 
3
allegations
that the minor is an abused or neglected child 
4
within the meaning of the
Abused and Neglected Child Reporting 
5
Act, or an abused or neglected minor
within the meaning of the 
6
Juvenile Court Act of 1987, shall be admissible
in evidence in 
7
a hearing concerning appointment of a guardian of the person
or 
8
estate of the minor.  No such statement, however, if 
9
uncorroborated and
not subject to cross-examination, shall be 
10
sufficient in itself to support
a finding of abuse or neglect.

11
(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97; 
12
90-796, eff. 12-15-98.)