ISBA Statehouse Review for the week of August 30
ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers the New probate fee, Juvenile Records, Adoption and Disabled adults. More information on each bill is available below the video.
New probate fee. Public Act 97-1093 (Silverstein, D-Chicago; Feigenholtz, D-Chicago) creates a $100 fee to open a decedent's estate to fund the State Guardianship and Advocacy Commission. It exempts indigents, the State Guardian, any state agency, any local public guardian, and any state's attorney. (2) It also allows the court to appoint a limited guardian for a disabled adult who lacks some but not all of the required capacity. If the court finds that the ward is totally without the required capacity, it may appoint a plenary guardian. (3) It adds criteria for the termination of the guardianship or modification of the guardian's duties. Effective January 1, 2013.
Juvenile Records. Public Act 97-1104 (Sente, D-Lincolnshire; Millner, R-West Chicago) amends the Juvenile Court Act to allow law enforcement to orally share information that would otherwise be confidential to certain school officials if law enforcement believes that there is an imminent threat of physical harm to students, school personnel, or others who are present in the school or on school grounds. Effective January 1, 2013.
Adoption. Public Act 97-1063 (Feigenholtz, D-Chicago; Koehler, D-Edwards) rewrites and re-formats parts of the Adoption Act. (1) It rewrites the form for a final and irrevocable consent to adoption by a specified person or persons in DCFS cases. (2) It creates the Adoption Advisory Council to replace the two current advisory groups. (3) Allows the court to waive the statutory time requirements of a child to be in the physical custody of certain specified persons before a parent may execute a consent for adoption in a case in which DCFS is involved. Effective January 1, 2013.
Disabled adults. Public Act 97-1095 (Silverstein, D-Chicago; Feigenholtz, D-Chicago) prohibits anyone but a judge from staying of enforcement or suspending an order adjudicating a person disabled and appointing a guardian pending the filing and resolution of any post-judgment motion. Effective August 24, 2012.