Bill Status of HB 5686   98th General Assembly

Short Description:  PROBATE ACT - GUARDIANS

House Sponsors
Rep. Barbara Flynn Currie-Robyn Gabel-Sara Feigenholtz-Patricia R. Bellock and Ann Williams

Senate Sponsors
(Sen. Mattie Hunter-Julie A. Morrison-Patricia Van Pelt-Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  8/26/2014HousePublic Act . . . . . . . . . 98-1082

Statutes Amended In Order of Appearance
755 ILCS 5/11-5from Ch. 110 1/2, par. 11-5
755 ILCS 5/11-5.4
755 ILCS 5/11-8from Ch. 110 1/2, par. 11-8
755 ILCS 5/11-8.1
755 ILCS 5/11-10.1from Ch. 110 1/2, par. 11-10.1
755 ILCS 5/11-13from Ch. 110 1/2, par. 11-13

Synopsis As Introduced
Amends the Probate Act of 1975. Provides that a court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor if it finds that there is a short-term guardian appointed who is fit, willing, and able to care for the minor and that when the petitioner is not the short-term guardian of the minor, there shall be a rebuttable presumption that the short-term guardian of the minor is fit, willing, and able to care for the minor and that the petitioner shall have the burden of proving that the short-term guardian is not fit, willing, or able to care for the minor or that the short-term guardianship has been vacated. Further provides that the appointment of a short-term guardian does not constitute parental consent for court appointment of a guardian. Provides that if a short-term guardian appointed by the minor's parent or guardian petitions for guardianship or standby guardianship, his or her petition must state certain facts concerning his or her appointment as short-term guardian and include a copy of the short-term guardianship appointment with the petition. Provides that a guardian of a minor shall not remove a minor from the State for more than 30 days without first petitioning the court for removal and obtaining leave of the court.

House Floor Amendment No. 2
Removes language that provides that a court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor if it finds that there is a short-term guardian appointed who is fit, willing, and able to care for the minor and language providing that if the petitioner is not the short-term guardian of the minor, there shall be a rebuttable presumption that the short-term guardian of the minor is fit, willing, and able to care for the minor and that the petitioner shall have the burden of proving that the short-term guardian is not fit, willing, or able to care for the minor or that the guardianship is vacated. Provides that if a short-term guardian has been appointed for the minor prior to the filing of the petition and the petitioner for guardianship is not the short-term guardian, there shall be a rebuttable presumption that it is in the best interest of the minor to remain in the care of the short-term guardian and that the petitioner shall have the burden of proving by a preponderance of the evidence that it is not in the child's best interest to remain with the short-term guardian. Provides that if a short-term guardian appointed for a minor by the minor's parents or guardian petitions for guardianship, the short-term guardian shall state the facts concerning the appointment of the short-term guardian, including the date of appointment, the circumstances surrounding the appointment, the date the short-term guardian appointment ends, and the reasons why a court-ordered guardian is also needed for the minor (rather than the circumstances surrounding the appointment, the length of appointment, and the reasons why a court-ordered guardian is needed for the minor). Adds provisions concerning the removal of a minor.

Senate Floor Amendment No. 1
In language stating that the guardian of the minor shall inform the court of the minor's current address by certified mail, adds "hand delivery" and "other method in accordance with court rules" as alternatives. In provisions concerning the removal of a minor by a guardian from Illinois, adds language stating that the guardianship order may incorporate language governing removal of the minor from the State.

Actions 
DateChamber Action
  2/14/2014HouseFiled with the Clerk by Rep. Barbara Flynn Currie
  2/14/2014HouseFirst Reading
  2/14/2014HouseReferred to Rules Committee
  3/13/2014HouseAssigned to Judiciary
  3/26/2014HouseDo Pass / Short Debate Judiciary; 016-000-000
  3/26/2014HousePlaced on Calendar 2nd Reading - Short Debate
  4/1/2014HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  4/1/2014HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Barbara Flynn Currie
  4/1/2014HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/1/2014HouseAdded Chief Co-Sponsor Rep. Robyn Gabel
  4/1/2014HouseAdded Co-Sponsor Rep. Ann Williams
  4/2/2014HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Barbara Flynn Currie
  4/2/2014HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/3/2014HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
  4/3/2014HouseSecond Reading - Short Debate
  4/3/2014HouseHouse Floor Amendment No. 2 Adopted
  4/3/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/3/2014HouseRemoved Co-Sponsor Rep. Sara Feigenholtz
  4/3/2014HouseAdded Chief Co-Sponsor Rep. Sara Feigenholtz
  4/4/2014HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  4/4/2014HouseThird Reading - Short Debate - Passed 109-000-000
  4/4/2014HouseHouse Floor Amendment No. 1 Tabled Pursuant to Rule 40
  4/7/2014SenateArrive in Senate
  4/7/2014SenatePlaced on Calendar Order of First Reading April 8, 2014
  4/8/2014SenateChief Senate Sponsor Sen. Mattie Hunter
  4/8/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Julie A. Morrison
  4/9/2014SenateFirst Reading
  4/9/2014SenateReferred to Assignments
  4/30/2014SenateAssigned to Judiciary
  5/7/2014SenatePostponed - Judiciary
  5/8/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  5/13/2014SenateDo Pass Judiciary; 010-000-000
  5/13/2014SenatePlaced on Calendar Order of 2nd Reading May 14, 2014
  5/15/2014SenateSecond Reading
  5/15/2014SenatePlaced on Calendar Order of 3rd Reading May 19, 2014
  5/20/2014SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Mattie Hunter
  5/20/2014SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/20/2014SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  5/21/2014SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 009-000-000
  5/22/2014SenateRecalled to Second Reading
  5/22/2014SenateSenate Floor Amendment No. 1 Adopted; Hunter
  5/22/2014SenatePlaced on Calendar Order of 3rd Reading
  5/22/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/22/2014SenateThird Reading - Passed; 057-000-000
  5/22/2014HouseArrived in House
  5/22/2014HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/26/2014HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Barbara Flynn Currie
  5/26/2014HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/26/2014HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
  5/29/2014HouseSenate Floor Amendment No. 1 House Concurs 114-001-000
  5/29/2014HouseHouse Concurs
  5/29/2014HousePassed Both Houses
  6/27/2014HouseSent to the Governor
  8/26/2014HouseGovernor Approved
  8/26/2014HouseEffective Date January 1, 2015
  8/26/2014HousePublic Act . . . . . . . . . 98-1082

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