HB 5369

  • Illinois House Bill
  • 96th Regular Session
  • Introduced in House
  • House
  • Senate
  • Governor

Child Custody-Kinship Custody


Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a child custody proceeding may be commenced by a person who provides "kinship care", by filing a petition that alleges that it is in the best interest of the child to live with him or her, if the person is the "de facto custodian" of the child. Provides that "de facto custodian" means the person who has been the primary caregiver for, and financial supporter of, a child who has resided with the person: for a period of 6 months or more, if the child is under 3 years of age; or for a period of one year or more, if the child is 3 years of age or older. Provides that "kinship care" means the care, nurturing, and protection of a child by a relative, grandparent, godparent, stepparent, or any adult who has physical custody and a kinship bond with a child. Provides that any notice of hearing in the proceeding shall be served by personal service or sent by certified or registered mail to all persons who have appeared of record in the proceeding. Amends the Probate Act of 1975. Provides that unless excused by the court for good cause shown, a petition for guardianship of a minor and a notice of hearing on the petition shall be given by personal service or by certified or registered mail to the minor, the minor's relatives, and the person having custody of the minor (instead of giving notice of the hearing on the petition, in person or by mail, to the minor and to the minor's relatives). Provides that the requirement that a copy of the petition and notice be served on or delivered to the person having custody of the minor is jurisdictional, but failure to provide copies to any relative is not jurisdictional (instead of providing that the failure to provide copies to any relative is not jurisdictional). Provides that a notice of hearing in a proceeding concerning guardianship of a minor shall be sent by certified or registered mail, return receipt requested, to all persons who have appeared of record in the proceeding.

Bill Sponsors (1)


No votes to display


Jan 11, 2011


Session Sine Die

Mar 26, 2010


Rule 19(a) / Re-referred to Rules Committee

Mar 25, 2010


Second Reading - Short Debate


Held on Calendar Order of Second Reading - Short Debate

Mar 10, 2010


Do Pass / Short Debate Judiciary I - Civil Law Committee; 012-000-000


Placed on Calendar 2nd Reading - Short Debate

Mar 09, 2010


Moved to Suspend Rule 25 Rep. Barbara Flynn Currie


Suspend Rule 25 - Prevailed

Mar 08, 2010


Assigned to Judiciary I - Civil Law Committee

Feb 05, 2010


First Reading


Referred to Rules Committee

Feb 04, 2010


Filed with the Clerk by Rep. Eddie Washington

Bill Text

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