Bill Text: IL SB2246 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Adoption Act. Provides that if a child is placed for adoption, any relative who wishes to adopt the child, upon a written or oral motion to intervene, shall be made a party to the adoption proceeding. Provides that an intervening party may not exercise the right to a substitution of judge. Provides that if there is a grandparent who wishes to adopt, the court shall place the child with the grandparent unless the court makes an express finding based on clear and convincing evidence that placement with the grandparent would be harmful to the child's welfare. Provides that if no grandparent is available, the court shall place the child with another relative in the following order: an older sibling, an aunt or uncle, a cousin or cousins, or other relative. Provides that a relative may waive his or her right to adopt a child, and make the waiver conditional on the child being adopted by some other designated relative. Provides that if the designated relative fails to adopt the child, or the designative relative adopts the child and his or her parental rights to the child are subsequently terminated, then the rights waived may be reasserted. Provides that the court may enter an order requiring any relative who wishes to conditionally waive adoption rights to name the designated relative no less than 30 days after being made a party to the adoption proceeding.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2246 Detail]

Download: Illinois-2019-SB2246-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB2246 Introduced 4/4/2019, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
750 ILCS 50/15 from Ch. 40, par. 1519
Amends the Adoption Act. Provides that if a child is placed for adoption, any relative who wishes to adopt the child, upon a written or oral motion to intervene, shall be made a party to the adoption proceeding. Provides that an intervening party may not exercise the right to a substitution of judge. Provides that if there is a grandparent who wishes to adopt, the court shall place the child with the grandparent unless the court makes an express finding based on clear and convincing evidence that placement with the grandparent would be harmful to the child's welfare. Provides that if no grandparent is available, the court shall place the child with another relative in the following order: an older sibling, an aunt or uncle, a cousin or cousins, or other relative. Provides that a relative may waive his or her right to adopt a child, and make the waiver conditional on the child being adopted by some other designated relative. Provides that if the designated relative fails to adopt the child, or the designative relative adopts the child and his or her parental rights to the child are subsequently terminated, then the rights waived may be reasserted. Provides that the court may enter an order requiring any relative who wishes to conditionally waive adoption rights to name the designated relative no less than 30 days after being made a party to the adoption proceeding.
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A BILL FOR
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AN ACT concerning civil law.
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
15 as follows:
(750 ILCS 50/15) (from Ch. 40, par. 1519)
Sec. 15. Placement of child - religion; relation.
(a) The welfare of the child shall be the prime
consideration in all adoption proceedings. The court in
entering a judgment of adoption shall, whenever possible, give
custody through adoption to a petitioner or petitioners of the
same religious belief as that of the child.
(b) It is the public policy of this State to favor adoption
of a child by a relative unless it is shown by clear and
convincing evidence that any such adoption would be harmful to
the welfare of the child.
(c) If a child is placed for adoption, any relative who
wishes to adopt the child and who is not already a party to the
adoption proceeding, upon a written or oral motion to
intervene, shall be made a party to the adoption proceeding,
except that no one who becomes a party under this subsection
may exercise the rights granted by paragraph (2) of subsection
(a) of Section 2-1001 of the Code of Civil Procedure.

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(d) If there is a grandparent who wishes to adopt, the
court shall place the child with the grandparent, unless after
an evidentiary hearing the court makes an express finding based
on clear and convincing evidence that placement with the
grandparent would be harmful to the child's welfare.
(e) If no grandparent is available, then if there is an
older sibling who wishes to adopt, the court shall place the
child with the older sibling, unless after an evidentiary
hearing the court makes an express finding based on clear and
convincing evidence that placement with the older sibling would
be harmful to the child's welfare.
(f) If no grandparent or older sibling is available, then
if there is an aunt or uncle who wishes to adopt, the court
shall place the child with the aunt or uncle, or both, unless
after an evidentiary hearing the court makes an express finding
based on clear and convincing evidence that placement with the
aunt or uncle, or both, would be harmful to the child's
welfare.
(g) If no grandparent, older sibling, or aunt or uncle is
available, then if there is a cousin who wishes to adopt, the
court shall place the child with the cousin, unless after an
evidentiary hearing the court makes an express finding based on
clear and convincing evidence that placement with the cousin or
cousins would be harmful to the child's welfare.
(h) If no grandparent, older sibling, aunt or uncle, or
cousin is available, then if there is a relative who wishes to

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adopt, the court shall place the child with the relative,
unless after an evidentiary hearing the court makes an express
finding based on clear and convincing evidence that placement
with the relative would be harmful to the child's welfare.
(i) A grandparent, older sibling, aunt or uncle, or cousin
may waive his or her right to adopt a child and make the waiver
conditional on the child being adopted by some other designated
relative. If the designated relative fails to adopt the child,
or if the designated relative does adopt the child and his or
her parental rights to the child are subsequently terminated,
then the rights waived under this subsection may be reasserted.
No relative may waive and subsequently reassert rights in this
manner more than twice in an adoption proceeding.
(j) The court, on motion of any party or on its own motion,
may enter an order requiring any relative who wishes to
conditionally waive adoption rights under subsection (i) to
name the designated relative or relatives no less than 30 days
after being made a party to the adoption proceeding.
(Source: P.A. 84-452.)