HB 836

Abstract

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.