Full Text of HB2290 96th General Assembly
HB2290eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Probate Act of 1975 is amended by adding | 5 |
| Section 11a-17.1 as follows: | 6 |
| (755 ILCS 5/11a-17.1 new) | 7 |
| Sec. 11a-17.1. Sterilization of ward. | 8 |
| (a) A guardian of the person shall not consent to the | 9 |
| sterilization of the ward without first obtaining an order from | 10 |
| the court granting the guardian the authority to provide | 11 |
| consent. For purposes of this Article XIa, "sterilization" | 12 |
| means any procedure that has as its purpose rendering the ward | 13 |
| permanently incapable of reproduction; provided, however, that | 14 |
| an order from the court is not required for a procedure that is | 15 |
| medically necessary to preserve the life of the ward or to | 16 |
| prevent serious impairment to the health of the ward and which | 17 |
| may result in sterilization. | 18 |
| (b) A guardian seeking authority to consent to the | 19 |
| sterilization of the ward shall seek such authority by filing a | 20 |
| verified motion. The verified motion shall allege facts which | 21 |
| demonstrate that the proposed sterilization is warranted under | 22 |
| subsection (f), (g) or (h) of this Section. The guardian ad | 23 |
| litem will notify the ward of the motion in the manner set |
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| forth in subsection (c) of this Section. | 2 |
| (c) Upon the filing of a verified motion for authority to | 3 |
| consent to sterilization, the court shall appoint a guardian ad | 4 |
| litem to report to the court consistent with the provisions of | 5 |
| this Section. If the guardian ad litem is not a licensed | 6 |
| attorney, he or she shall be qualified, by training or | 7 |
| experience, to work with or advocate for persons with a | 8 |
| developmental disability, mental illness, physical disability, | 9 |
| or disability because of mental deterioration, depending on the | 10 |
| type of disability of the ward that is alleged in the motion. | 11 |
| The court may allow the guardian ad litem reasonable | 12 |
| compensation. The guardian ad litem may consult with a person | 13 |
| who by training or experience is qualified to work with persons | 14 |
| with a developmental disability, mental illness, physical | 15 |
| disability, or disability because of mental deterioration, | 16 |
| depending on the type of disability of the ward that is | 17 |
| alleged. The guardian ad litem may also consult with health | 18 |
| care providers knowledgeable about reproductive health matters | 19 |
| including sterilization, other forms of contraception, and | 20 |
| childbirth. Outside the presence of the guardian, the guardian | 21 |
| ad litem shall personally observe the ward prior to the hearing | 22 |
| and shall inform the ward orally and in writing of the contents | 23 |
| of the verified motion for authority to consent to | 24 |
| sterilization. Outside the presence of the guardian, the | 25 |
| guardian ad litem shall also attempt to elicit the ward's | 26 |
| position concerning the motion, and any other areas of inquiry |
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| deemed appropriate by the court. At or before the hearing, the | 2 |
| guardian ad litem shall file a written report detailing his or | 3 |
| her observations of the ward; the responses of the ward to any | 4 |
| of the inquiries detailed in this Section; the opinion of the | 5 |
| guardian ad litem and any other professionals with whom the | 6 |
| guardian ad litem consulted concerning the ward's | 7 |
| understanding of and desire for or objection to, as well as | 8 |
| what is in the ward's best interest relative to, sterilization, | 9 |
| other forms of contraception, and childbirth; and any other | 10 |
| material issue discovered by the guardian ad litem. The | 11 |
| guardian ad litem shall appear at the hearing and testify, and | 12 |
| may present witnesses, as to any issues presented in his or her | 13 |
| report. | 14 |
| (d) The court (1) may appoint counsel for the ward if the | 15 |
| court finds that the interests of the ward will be best served | 16 |
| by the appointment, and (2) shall appoint counsel upon the | 17 |
| ward's request, if the ward is objecting to the proposed | 18 |
| sterilization, or if the ward takes a position adverse to that | 19 |
| of the guardian ad litem. The ward shall be permitted to obtain | 20 |
| the appointment of counsel either at the hearing or by any | 21 |
| written or oral request communicated to the court prior to the | 22 |
| hearing. The court shall inform the ward of this right to | 23 |
| obtain appointed counsel. The court may allow counsel for the | 24 |
| ward reasonable compensation. | 25 |
| (e) The court shall order a medical and psychological | 26 |
| evaluation of the ward. The evaluation shall address the ward's |
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| decision making capacity with respect to the proposed | 2 |
| sterilization, the existence of any less permanent | 3 |
| alternatives, and any other material issue. | 4 |
| (f) The court shall determine, as a threshold inquiry, | 5 |
| whether the ward has capacity to consent or withhold consent to | 6 |
| the proposed sterilization and, if the ward lacks such | 7 |
| capacity, whether the ward is likely to regain such capacity. | 8 |
| The ward shall not be deemed to lack such capacity solely on | 9 |
| the basis of the adjudication of disability and appointment of | 10 |
| a guardian. In determining capacity, the court shall consider | 11 |
| whether the ward is able, after being provided appropriate | 12 |
| information, to understand the relationship between sexual | 13 |
| activity and reproduction; the consequences of reproduction; | 14 |
| and the nature and consequences of the proposed sterilization | 15 |
| procedure. If the court finds that (1) the ward has capacity to | 16 |
| consent or withhold consent to the proposed sterilization, and | 17 |
| (2) the ward objects or consents to the procedure, the court | 18 |
| shall enter an order consistent with the ward's objection or | 19 |
| consent and the proceedings on the verified motion shall be | 20 |
| terminated. | 21 |
| (g) If the court finds that the ward does not have capacity | 22 |
| to consent or withhold consent to the proposed sterilization | 23 |
| and is unlikely to regain such capacity, the court shall | 24 |
| determine whether the ward is expressing a clear desire for the | 25 |
| proposed sterilization. If the ward is expressing a clear | 26 |
| desire for the proposed sterilization, the court's decision |
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| regarding the proposed sterilization shall be made in | 2 |
| accordance with the standards set forth in subsection (e) of | 3 |
| Section 11a-17 of this Act. | 4 |
| (h) If the court finds that the ward does not have capacity | 5 |
| to consent or withhold consent to the proposed sterilization | 6 |
| and is unlikely to regain such capacity, and that the ward is | 7 |
| not expressing a clear desire for the proposed sterilization, | 8 |
| the court shall consider the standards set forth in subsection | 9 |
| (e) of Section 11a-17 of this Act and enter written findings of | 10 |
| fact and conclusions of law addressing those standards. In | 11 |
| addition, the court shall not authorize the guardian to consent | 12 |
| to the proposed sterilization unless the court finds, by clear | 13 |
| and convincing evidence and based on written findings of fact | 14 |
| and conclusions of law, that all of the following factors are | 15 |
| present: | 16 |
| (1) The ward lacks decisional capacity regarding the | 17 |
| proposed sterilization. | 18 |
| (2) The ward is fertile and capable of procreation. | 19 |
| (3) The benefits to the ward of the proposed | 20 |
| sterilization outweigh the harm. | 21 |
| (4) The court has considered less intrusive | 22 |
| alternatives and found them to be inadequate in this case. | 23 |
| (5) The proposed sterilization is in the best interest | 24 |
| of the ward. In considering the ward's best interest, the | 25 |
| court shall consider the following factors: | 26 |
| (A) The possibility that the ward will experience |
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| trauma or
psychological damage if he or she has a child | 2 |
| and, conversely, the
possibility of trauma or | 3 |
| psychological damage from the proposed
sterilization. | 4 |
| (B) The ward is or is likely to become sexually | 5 |
| active. | 6 |
| (C) The inability of the ward to understand | 7 |
| reproduction or
contraception and the likely | 8 |
| permanence of that inability. | 9 |
| (D) Any other factors that assist the court in | 10 |
| determining the best
interest of the ward relative to | 11 |
| the proposed sterilization.
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