PROBATE-GUARDIAN-PARENT RIGHTS
Summary
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.
Bill status
signed
all 5 stages cleared
Introduction
Mar 2010
Committee Review
May 2010
Senate Passage
May 2010
House Passage
Apr 2010
Signed into Law
Jul 2010
Introduced Mar 15, 2010
Signed Jul 27, 2010
Floor votes · Senate May 4, 2010 · House Apr 23, 2010
How they voted
45–0
Passed · 4 other
Total votes 49
May 4, 2010
D
Democratic30
100% Yea
R
Republican19
78% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
36
Key actions
8
Committee
10
Amendments
4
Jul 27, 2010
Signed into law
Governor Approved
upper
May 4, 2010
Upper · Passed
Passed Both Houses
upper
May 4, 2010
Upper · Passed
House Committee Amendment No. 1 Senate Concurs 055-000-000
upper
May 4, 2010
Upper · Passed
House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000
upper
May 3, 2010
Committee
House Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
upper
May 3, 2010
Committee
House Committee Amendment No. 1 Motion to Concur Referred to Assignments
upper
Apr 27, 2010
Introduced
Placed on Calendar Order of Concurrence House Amendment(s) 1 - April 28, 2010
upper
Apr 27, 2010
Introduced
Secretary's Desk - Concurrence House Amendment(s) 1
upper
Apr 23, 2010
House · Passed
House Vote: pass (87-0-7)
house
Apr 21, 2010
Lower · Passed
Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 017-000-000
lower
Apr 21, 2010
Lower · Passed
House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
lower
Apr 21, 2010
Introduced
House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
lower
Apr 8, 2010
Committee
Assigned to Judiciary I - Civil Law Committee
lower
Mar 16, 2010
Committee
Referred to Rules Committee
lower
Mar 15, 2010
Introduced
Arrived in House
lower
Mar 3, 2010
Upper · Passed
Do Pass Judiciary; 008-000-000
upper
Feb 24, 2010
Committee
Assigned to Judiciary
upper
Feb 10, 2010
Committee
Referred to Assignments
upper
0 primary · 1 co-sponsor
Sponsors
No sponsor information available.
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