A. J. Wilhelmi
- Democratic
Amends the Probate Act of 1975. In provisions setting forth circumstances under which the court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor, adds language permitting a petition if the parent or parents voluntarily relinquished physical custody of the minor, revises language permitting a petition if the parent or parents consent to the appointment, and makes other changes. Provides that upon the filing of a petition by a minor's living, adoptive, or adjudicated parent whose parental rights have not been terminated, the court shall discharge the guardian and terminate the guardianship if the parent establishes, by a preponderance of the evidence, that a material change in the circumstances of the minor or the parent has occurred since the guardian's appointment unless the guardian establishes, by clear and convincing evidence, that termination of the guardianship would not be in the best interests of the minor. Sets forth factors to be considered by the court in determining the minor's best interests. Repeals provisions concerning the parental right to custody.
Effective Date January 1, 2011
Governor Approved
Public Act . . . . . . . . . 96-1338
Sent to the Governor
Added as Co-Sponsor Sen. Dale A. Righter
Passed Both Houses
House Committee Amendment No. 1 Senate Concurs 055-000-000
House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000
House Committee Amendment No. 1 Motion to Concur Referred to Assignments
House Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. A. J. Wilhelmi
Placed on Calendar Order of Concurrence House Amendment(s) 1 - April 28, 2010
Secretary's Desk - Concurrence House Amendment(s) 1
Third Reading - Short Debate - Passed 108-000-000
Placed on Calendar Order of 3rd Reading - Short Debate
Second Reading - Short Debate
Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 017-000-000
House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
Placed on Calendar 2nd Reading - Short Debate
Assigned to Judiciary I - Civil Law Committee
Referred to Rules Committee
First Reading
Third Reading - Passed; 046-000-000
Placed on Calendar Order of First Reading
Chief House Sponsor Rep. Careen M. Gordon
Arrived in House
Placed on Calendar Order of 3rd Reading March 12, 2010
Second Reading
Do Pass Judiciary; 008-000-000
Placed on Calendar Order of 2nd Reading March 4, 2010
Assigned to Judiciary
First Reading
Referred to Assignments
Filed with Secretary by Sen. A. J. Wilhelmi
Bill Text Versions | Format |
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Introduced | HTML |
Engrossed | HTML |
Enrolled | HTML |
Document | Format |
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Public Act | |
House Amendment 001 |
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