CBA Record March-April 2020

CBA Legislative News By Juli Vyverberg, Director, CBA Lawyer Referral Service and Legislation Program T he following bills were drafted by CBA substantive law committees, reviewed by the Legislative Com- fication as to a birth father applies to a petitioner who is a birth mother and requiring more detail on the Affidavit as to the father to improve due diligence (this codifies and is consistent with cur- rent practice);

Records - Attorney: Amends Mental Health and Developmental Disabilities Confidentiality Act 740 ILCS 110/13 and 110/9 – This legislation is needed to protect the confidentiality of the attorney- client relationship when a therapist, as defined by the Act, or and agency, consults an attorney. It would remove language per- mitting disclosure of a record or commu- nication without consent to an advocate consulted by a therapist or agency which provides services concerning the therapist’s or agency’s legal rights or duties in relation to the recipient and the services being provided. It provides that a notation of the information disclosed and the purpose of such disclosure or use is not required to be noted in the recipient’s record in the case of a disclosure to an attorney consulted by a therapist or agency which provides services concerning the therapist’s or agency’s legal rights or duties in relation to the recipient and the services being provided. Status: Introduction Drafted by: Mental Health and Disability Law Committee HB5046-5049 (Evans, Jr.) PropertyTax A. Amends the Property Tax Code 35 ILCS 200/21-295 (Creation of Indem- nity fund), 21-310 (Sales in error), 21-355(Amount of Redemption) - Makes the $80 fee paid by tax pur-

mittee, and approved by the Board of Managers for inclusion in the CBA’s spon- sored Legislative program for the 101th General Assembly – 2019-2020 Session. For a full text copy of the bills, go to the Illinois General Assembly website (www. ilga.gov) or contact Juli Vyverberg, direc- tor of the CBA’s Legislative Program at 312-554-2062. SB2559 (Feigenholtz) Adoption . Amends 750 ILCS 50/2, 11, 13, 14 – The legisla- tion proposed would improve and update court procedures in adoption court in 4 separate categories: 1. Clarifying the jurisdiction of Illinois courts to oversee the adoptions of chil- dren who are born, or reside, in Illinois by non-Illinois adopting parents as long as an Illinois agency is involved, in recognition of the increase in ‘agency assisted’ adoptions in Illinois; 2. Granting the court discretion in the appointment of a Guardian ad Litem (GAL) for the child in the adoption of a related child not involving youth in care, primarily in recognition of increase in adoptions involving reproductive technology; 3. Clarifying that the Affidavit of Identi-

4. Clarifying that in Illinois licensed agency adoptions, judgment can be entered after placement and completion of investigation consistent with current practice. Status: Passed unanimously out of Senate Judiciary Committee Drafted by: Adoption Law Committee HB4978 (Gong-Gershowitz) Probate – Guardian Appointment. Amends the Probate Act 735 ILCS 5/11-5 – Recently, there has been an appointment of guard- ians of minors for educational scholarship enhancement purposes. The proposed amendment provides that the court may deny such a petition if it finds that the pri- mary purpose of the filing is to enable the minor to declare financial independence so that the minor may obtain public or private financial assistance from an educational institution or a State or federal student financial aid program. Status: Judiciary Committee Drafted by: Probate Law Committee

SB3812 (Martwick) Mental Health

About the CBA Legislative Program:

The CBA is actively involved in Illinois’ legislative process. In addition to the Association’s sponsored legislative program, CBA committees review non-sponsored legislation and make recommendations to the Legislative Committee as to whether the CBA should support or oppose legislation. Each year, the Committee, with approval of the Board of Managers, takes positions in support and/or opposition to hundreds of proposed bills. The Association’s two legislative counsels, Larry and Tom Suffredin, represent the CBA’s interest in the General Assembly and, when needed, schedule members to testify for or against proposed legislation in Springfield. Members are encouraged to join the Legislative Committee. Your knowledge of the law and expertise is invaluable in evalu- ating both sponsored and non-sponsored legislation and will help ensure the success of the Association’s legislative program. To join the committee, contact Juli Vyverberg at 312-554-2062 or jvyverberg@chicagobar.org.

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