Illinois General Assembly - Bill Status for HB0836
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 Bill Status of HB0836  102nd General Assembly


Short Description:  GUARDIANS-MINOR:NON-US PARENT

House Sponsors
Rep. Jennifer Gong-Gershowitz - Jim Durkin - Elizabeth Hernandez - Emanuel Chris Welch - Sara Feigenholtz, Celina Villanueva, Kelly M. Cassidy, Jaime M. Andrade, Jr., Karina Villa, Theresa Mah, Anna Moeller, Daniel Didech, Robyn Gabel, Delia C. Ramirez, Aaron M. Ortiz, Michelle Mussman, Ann M. Williams, Mary Edly-Allen, Michael J. Zalewski, Lamont J. Robinson, Jr., Bob Morgan, Camille Y. Lilly, Kathleen Willis, Natalie A. Manley, Frances Ann Hurley, Anne Stava-Murray, Deb Conroy, Robert Martwick, Rita Mayfield, Curtis J. Tarver, II, Kambium Buckner, Barbara Hernandez, Carol Ammons, Robert Rita, Sam Yingling, Gregory Harris, Mark L. Walker, Will Guzzardi, Joyce Mason, Martin J. Moylan, Jehan Gordon-Booth, Jonathan Carroll, John Connor, Maurice A. West, II and Thaddeus Jones

Senate Sponsors
(Sen. Ram Villivalam - Cristina Castro and Laura Ellman)

Last Action
DateChamber Action
  7/23/2019HousePublic Act . . . . . . . . . 101-0120

Statutes Amended In Order of Appearance
755 ILCS 5/11-1from Ch. 110 1/2, par. 11-1
755 ILCS 5/11-5from Ch. 110 1/2, par. 11-5
755 ILCS 5/11-5.3
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 5/11-13.1


Synopsis As Introduced
Amends the Probate Act of 1975. Defines "administrative separation". Provides that a court lacks jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if it finds that the minor has a living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Provides that a parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Makes conforming changes. Effective immediately.

House Floor Amendment No. 1
Deletes reference to:
755 ILCS 5/11-10.1

Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: (1) changes the definition of "administrative separation"; (2) provides that the court lacks jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if the minor has a living parent, adoptive parent, or adjudicated parent, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions, unless the parent or parents, due to an administrative separation, are unable to give consent to the appointment in person or by a notarized, written document as evidenced by a sworn affidavit describing the parent's or parents' inability to receive notice or give consent (rather than the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit describing the present location of the parent out of the country and the attempts made to contact the parent); (3) deletes language providing that a parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent, adoptive parent, or adjudicated parent whose whereabouts are known, and who is willing to carry out day-to-day child care decisions unless the parent or parents in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit describing the present location of the parent out of the country and the attempts made to contact the parent; (4) provides that a short-term guardian who was appointed as the result of an administrative separation may renew a short-term guardianship for an additional 365 days from the date the initial appointment expires if the administrative separation is still in effect, unless the written instrument provides for the appointment to terminate upon a different date or event; (5) deletes language providing that the petition for guardian or standby guardian of a minor must state the facts concerning any administrative separation proceeding; (6) provides specific facts that the petition for guardian or standby guardian of a minor must include and that documentation related to an administrative separation shall be attached to the petition as an exhibit; and (7) deletes language providing that failure to give notice to any relative or parent out of the country is not jurisdictional if the petitioner can attest to specific factors. Makes conforming changes. Effective immediately.

Actions 
DateChamber Action
  1/23/2019HouseFiled with the Clerk by Rep. Jennifer Gong-Gershowitz
  1/28/2019HouseFirst Reading
  1/28/2019HouseReferred to Rules Committee
  1/29/2019HouseAdded Chief Co-Sponsor Rep. Elizabeth Hernandez
  1/29/2019HouseAdded Co-Sponsor Rep. Celina Villanueva
  1/29/2019HouseAdded Chief Co-Sponsor Rep. Linda Chapa LaVia
  1/29/2019HouseAdded Chief Co-Sponsor Rep. Sara Feigenholtz
  1/29/2019HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  2/1/2019HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  2/5/2019HouseAssigned to Adoption & Child Welfare Committee
  2/5/2019HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  2/5/2019HouseAdded Co-Sponsor Rep. Karina Villa
  2/5/2019HouseAdded Co-Sponsor Rep. Theresa Mah
  2/5/2019HouseAdded Co-Sponsor Rep. Anna Moeller
  2/6/2019HouseAdded Co-Sponsor Rep. Daniel Didech
  2/6/2019HouseAdded Co-Sponsor Rep. Robyn Gabel
  2/6/2019HouseAdded Co-Sponsor Rep. Delia C. Ramirez
  2/7/2019HouseAdded Co-Sponsor Rep. Aaron M. Ortiz
  2/7/2019HouseAdded Co-Sponsor Rep. Michelle Mussman
  2/13/2019HouseAdded Co-Sponsor Rep. Ann M. Williams
  2/13/2019HouseDo Pass / Short Debate Adoption & Child Welfare Committee; 012-000-000
  2/13/2019HouseAdded Co-Sponsor Rep. Mary Edly-Allen
  2/14/2019HousePlaced on Calendar 2nd Reading - Short Debate
  2/14/2019HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  2/14/2019HouseAdded Co-Sponsor Rep. Lamont J. Robinson, Jr.
  2/14/2019HouseAdded Co-Sponsor Rep. Bob Morgan
  2/14/2019HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  3/4/2019HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Jennifer Gong-Gershowitz
  3/4/2019HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/6/2019HouseAdded Co-Sponsor Rep. Kathleen Willis
  3/12/2019HouseHouse Floor Amendment No. 1 Rules Refers to Adoption & Child Welfare Committee
  3/12/2019HouseAdded Chief Co-Sponsor Rep. Emanuel Chris Welch
  3/12/2019HouseRemoved Co-Sponsor Rep. Emanuel Chris Welch
  3/13/2019HouseHouse Floor Amendment No. 1 Recommends Be Adopted Adoption & Child Welfare Committee; 012-000-000
  3/14/2019HouseAdded Co-Sponsor Rep. Natalie A. Manley
  3/14/2019HouseAdded Co-Sponsor Rep. Frances Ann Hurley
  3/14/2019HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  3/14/2019HouseAdded Co-Sponsor Rep. Deb Conroy
  3/14/2019HouseAdded Co-Sponsor Rep. Robert Martwick
  3/14/2019HouseAdded Co-Sponsor Rep. Rita Mayfield
  3/14/2019HouseAdded Co-Sponsor Rep. Curtis J. Tarver, II
  3/14/2019HouseAdded Co-Sponsor Rep. Kambium Buckner
  3/14/2019HouseAdded Co-Sponsor Rep. Barbara Hernandez
  3/14/2019HouseAdded Co-Sponsor Rep. Carol Ammons
  3/14/2019HouseAdded Co-Sponsor Rep. Robert Rita
  3/14/2019HouseAdded Co-Sponsor Rep. Monica Bristow
  3/14/2019HouseAdded Co-Sponsor Rep. Sam Yingling
  3/14/2019HouseAdded Co-Sponsor Rep. Gregory Harris
  3/14/2019HouseAdded Co-Sponsor Rep. Mark L. Walker
  3/19/2019HouseRemoved Co-Sponsor Rep. Monica Bristow
  3/20/2019HouseAdded Chief Co-Sponsor Rep. Jim Durkin
  3/20/2019HouseRemove Chief Co-Sponsor Rep. Linda Chapa LaVia
  3/20/2019HouseAdded Co-Sponsor Rep. Will Guzzardi
  3/21/2019HouseSecond Reading - Short Debate
  3/21/2019HouseHouse Floor Amendment No. 1 Adopted
  3/21/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/21/2019HouseAdded Co-Sponsor Rep. Joyce Mason
  3/21/2019HouseAdded Co-Sponsor Rep. Martin J. Moylan
  3/27/2019HouseAdded Co-Sponsor Rep. Jehan Gordon-Booth
  3/28/2019HouseThird Reading - Short Debate - Passed 089-019-000
  3/28/2019HouseAdded Co-Sponsor Rep. Jonathan Carroll
  3/28/2019HouseAdded Co-Sponsor Rep. John Connor
  3/28/2019HouseAdded Co-Sponsor Rep. Maurice A. West, II
  3/28/2019HouseAdded Co-Sponsor Rep. Thaddeus Jones
  4/3/2019SenateArrive in Senate
  4/3/2019SenatePlaced on Calendar Order of First Reading
  4/3/2019SenateChief Senate Sponsor Sen. Ram Villivalam
  4/3/2019SenateFirst Reading
  4/3/2019SenateReferred to Assignments
  4/12/2019SenateAdded as Alternate Chief Co-Sponsor Sen. Cristina Castro
  4/24/2019SenateAssigned to Judiciary
  4/30/2019SenateAdded as Alternate Co-Sponsor Sen. Laura Ellman
  5/2/2019SenatePostponed - Judiciary
  5/8/2019SenateDo Pass Judiciary; 010-000-000
  5/8/2019SenatePlaced on Calendar Order of 2nd Reading May 9, 2019
  5/9/2019SenateSecond Reading
  5/9/2019SenatePlaced on Calendar Order of 3rd Reading May 14, 2019
  5/16/2019SenateThird Reading - Passed; 056-000-000
  5/16/2019HousePassed Both Houses
  6/14/2019HouseSent to the Governor
  7/23/2019HouseGovernor Approved
  7/23/2019HouseEffective Date July 23, 2019
  7/23/2019HousePublic Act . . . . . . . . . 101-0120

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