Public Act 90-0349 of the 90th General Assembly
Public Act 90-0349
SB619 Enrolled LRB9002815SMkbB
AN ACT to amend the Adoption Act by changing Section 13.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Adoption Act is amended by changing
Section 13 as follows:
(750 ILCS 50/13) (from Ch. 40, par. 1516)
(Text of Section before amendment by P.A. 89-686)
Sec. 13. Interim order. As soon as practicable after the
filing of a petition for adoption the court shall hold a
hearing for the following purposes:
A. In other than an adoption of a related child or an
adoption through an agency, or of an adult:
(a) To determine the validity of the consent,
provided that the execution of a consent pursuant to this
Act shall be prima facie evidence of its validity, and
provided that the validity of a consent shall not be
affected by the omission therefrom of the names of the
petitioners or adopting parents at the time the consent
is executed or acknowledged, and further provided that
the execution of a consent prior to the filing of a
petition for adoption shall not affect its validity;
(b) To determine whether there is available
suitable temporary custodial care for a child sought to
be adopted.
B. In all cases:
(a) The court shall appoint some licensed attorney
other than the State's attorney acting in his official
capacity as guardian ad litem to represent a child sought
to be adopted. Such guardian ad litem shall have power to
consent to the adoption of the child, if such consent is
required;
(b) The court shall appoint a guardian ad litem for
all named minors or defendants who are persons under
legal disability, if any.
(c) If the petition alleges a person to be unfit
pursuant to the provisions of subparagraph (p) of
paragraph D of Section 1 of this Act, such person shall
be represented by counsel. If such person is indigent or
an appearance has not been entered on his behalf at the
time the matter is set for hearing, the court shall
appoint as counsel for him either the Guardianship and
Advocacy Commission, the public defender, or, only if no
attorney from the Guardianship and Advocacy Commission or
the public defender is available, an attorney licensed to
practice law in this State.
(d) If it is proved to the satisfaction of the
court, after such investigation as the court deems
necessary, that termination of parental rights and
temporary commitment of the child to an agency or to a
person deemed competent by the court, including
petitioners, will be for the welfare of the child, the
court may order the child to be so committed and may
terminate the parental rights of the parents and declare
the child a ward of the court or, if it is not so proved,
the court may enter such other order as it shall deem
necessary and advisable.
(e) Before an interim custody order is granted
under this Section, service of summons shall be had upon
the parent or parents whose rights have not been
terminated, except as provided in subsection (f).
Reasonable notice and opportunity to be heard shall be
given to the parent or parents after service of summons
when the address of the parent or parents is available.
The party seeking an interim custody order shall make all
reasonable efforts to locate the parent or parents of the
child or children they are seeking to adopt and to notify
the parent or parents of the party's request for an
interim custody order pursuant to this Section.
(f) An interim custody order may be granted without
notice upon presentation to the court of a written
petition, accompanied by an affidavit, stating that there
is an immediate danger to the child and that irreparable
harm will result to the child if notice is given to the
parent or parents or legal guardian. Upon making a
finding that there is an immediate danger to the child if
service of process is had upon and notice of hearing is
given to the parent or parents or legal guardian prior to
the entry of an order granting temporary custody to
someone other than a parent or legal guardian, the court
may enter an order of temporary custody which shall
expire not more than 10 days after its entry. Every ex
parte custody order granted without notice shall state
the injury which the court sought to avoid by granting
the order, the irreparable injury that would have
occurred had notice been given, and the reason the order
was granted without notice. The matter shall be set down
for full hearing before the expiration of the ex parte
order and will be heard after service of summons is had
upon and notice of hearing is given to the parent or
parents or legal guardian. At the hearing the burden of
proof shall be upon the party seeking to extend the
interim custody order to show that the order was properly
granted without notice and that custody should remain
with the party seeking to adopt during the pendency of
the adoption proceeding. If the interim custody order is
extended, the reasons for granting the extension shall be
stated in the order.
C. In the case of a child born outside the United States
or a territory thereof, if the petitioners have previously
been appointed guardians of such child by a court of
competent jurisdiction in a country other than the United
States or a territory thereof, the court may order that the
petitioners continue as guardians of such child.
(Source: P.A. 89-644, eff. 1-1-97.)
(Text of Section after amendment by P.A. 89-686)
Sec. 13. Interim order. As soon as practicable after the
filing of a petition for adoption the court shall hold a
hearing for the following purposes:
A. In other than an adoption of a related child or an
adoption through an agency, or of an adult:
(a) To determine the validity of the consent,
provided that the execution of a consent pursuant to this
Act shall be prima facie evidence of its validity, and
provided that the validity of a consent shall not be
affected by the omission therefrom of the names of the
petitioners or adopting parents at the time the consent
is executed or acknowledged, and further provided that
the execution of a consent prior to the filing of a
petition for adoption shall not affect its validity.;
(b) To determine whether there is available
suitable temporary custodial care for a child sought to
be adopted.
B. In all cases:
(a) The court shall appoint some licensed attorney
other than the State's attorney acting in his or her
official capacity as guardian ad litem to represent a
child sought to be adopted. Such guardian ad litem shall
have power to consent to the adoption of the child, if
such consent is required.;
(b) The court shall appoint a guardian ad litem for
all named minors or defendants who are persons under
legal disability, if any.
(c) If the petition alleges a person to be unfit
pursuant to the provisions of subparagraph (p) of
paragraph D of Section 1 of this Act, such person shall
be represented by counsel. If such person is indigent or
an appearance has not been entered on his behalf at the
time the matter is set for hearing, the court shall
appoint as counsel for him either the Guardianship and
Advocacy Commission, the public defender, or, only if no
attorney from the Guardianship and Advocacy Commission or
the public defender is available, an attorney licensed to
practice law in this State.
(d) If it is proved to the satisfaction of the
court, after such investigation as the court deems
necessary, that termination of parental rights and
temporary commitment of the child to an agency or to a
person deemed competent by the court, including
petitioners, will be for the welfare of the child, the
court may order the child to be so committed and may
terminate the parental rights of the parents and declare
the child a ward of the court or, if it is not so proved,
the court may enter such other order as it shall deem
necessary and advisable.
(e) Before an interim custody order is granted
under this Section, service of summons shall be had upon
the parent or parents whose rights have not been
terminated, except as provided in subsection (f).
Reasonable notice and opportunity to be heard shall be
given to the parent or parents after service of summons
when the address of the parent or parents is available.
The party seeking an interim custody order shall make all
reasonable efforts to locate the parent or parents of the
child or children they are seeking to adopt and to notify
the parent or parents of the party's request for an
interim custody order pursuant to this Section.
(f) An interim custody order may be granted without
notice upon presentation to the court of a written
petition, accompanied by an affidavit, stating that there
is an immediate danger to the child and that irreparable
harm will result to the child if notice is given to the
parent or parents or legal guardian. Upon making a
finding that there is an immediate danger to the child if
service of process is had upon and notice of hearing is
given to the parent or parents or legal guardian prior to
the entry of an order granting temporary custody to
someone other than a parent or legal guardian, the court
may enter an order of temporary custody which shall
expire not more than 10 days after its entry. Every ex
parte custody order granted without notice shall state
the injury which the court sought to avoid by granting
the order, the irreparable injury that would have
occurred had notice been given, and the reason the order
was granted without notice. The matter shall be set down
for full hearing before the expiration of the ex parte
order and will be heard after service of summons is had
upon and notice of hearing is given to the parent or
parents or legal guardian. At the hearing the burden of
proof shall be upon the party seeking to extend the
interim custody order to show that the order was properly
granted without notice and that custody should remain
with the party seeking to adopt during the pendency of
the adoption proceeding. If the interim custody order is
extended, the reasons for granting the extension shall be
stated in the order.
C. In the case of a child born outside the United States
or a territory thereof, if the petitioners have previously
been appointed guardians of such child by a court of
competent jurisdiction in a country other than the United
States or a territory thereof, the court may order that the
petitioners continue as guardians of such child.
(Source: P.A. 89-644, eff. 1-1-97; 89-686, eff. 6-1-97;
revised 1-14-97.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.