19A.9 Termination of Parental Rights


(A) Petition

Every request for termination of parental rights in which there is an action pending in the Abuse, Neglect and Dependency Section of the Juvenile Division shall be commenced by filing a petition or a motion, in compliance with 705 ILCS 405/2-13, in the pending abuse, neglect or dependency case of the minor. The petition shall include the statutory ground for termination and may be supplemented or amended, and may incorporate findings in any adjudication of a petition for abuse, neglect or dependency.

(B) Default Hearings

(1) The court shall determine that proper notice has been given and record its findings;

(2) Petitioner shall present affidavits, which satisfy Supreme Court Rule 191, or witnesses.

(C) Uncontested Cases

The court shall conduct a hearing when parents voluntarily consent or surrender the minor or fail to contest the case. At the hearing petitioner shall make a prima facie showing that there is a legal basis for the termination of parental rights, and:

(1) If the parent is present in court, the court shall determine whether the parent fully understands the consequences of a consent or surrender, and right to representation by counsel;

(2) If the parent is not present in court but has signed a consent or surrender, the court shall determine whether there has been compliance with all state law requirements regarding a written voluntary consent or surrender and whether the parent was thoroughly advised of and understood the consequences of consent or surrender.

(3) If the parent is not present in court and has not signed a consent or surrender but has failed to contest the termination, the court shall determine whether the parent has been given proper notice of the proceedings.

[Amended, effective April 10, 2000 ]