Illinois General Assembly - Bill Status for HB5157

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.

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.

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.

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