Public Act 096-0272
 		





HB2290 Enrolled
LRB096 07455 AJO 17547 b






    AN ACT concerning civil law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Probate Act of 1975 is amended  by adding 
Section 11a-17.1 as follows:
 
    (755 ILCS 5/11a-17.1  new)
    Sec. 11a-17.1. Sterilization of ward.
    (a)  A guardian of the person shall not consent to the 
sterilization of the ward without first obtaining an order from 
the court granting the guardian the authority to provide 
consent.  For purposes of this Article XIa, "sterilization" 
means any procedure that has as its purpose rendering the ward 
permanently incapable of reproduction; provided, however, that 
an order from the court is not required for a procedure that is 
medically necessary to preserve the life of the ward or to 
prevent serious impairment to the health of the ward and which 
may result in sterilization.
    (b)  A guardian seeking authority to consent to the 
sterilization of the ward shall seek such authority by filing a 
verified motion.  The verified motion shall allege facts which 
demonstrate that the proposed sterilization is warranted under 
subsection (f), (g) or (h) of this Section.  The guardian ad 
litem will notify the ward of the motion in the manner set 
forth in subsection (c) of this Section.
    (c)  Upon the filing of a verified motion for authority to 
consent to sterilization, the court shall appoint a guardian ad 
litem to report to the court consistent with the provisions of 
this Section.  If the guardian ad litem is not a licensed 
attorney, he or she shall be qualified, by training or 
experience, to work with or advocate for persons with a 
developmental disability, mental illness, physical disability, 
or disability because of mental deterioration, depending on the 
type of disability of the ward that is alleged in the motion.  
The court may allow the guardian ad litem reasonable 
compensation.  The guardian ad litem may consult with a person 
who by training or experience is qualified to work with persons 
with a developmental disability, mental illness, physical 
disability, or disability because of mental deterioration, 
depending on the type of disability of the ward that is 
alleged.  The guardian ad litem may also consult with health 
care providers knowledgeable about reproductive health matters 
including sterilization, other forms of contraception, and 
childbirth.  Outside the presence of the guardian, the guardian 
ad litem shall personally observe the ward prior to the hearing 
and shall inform the ward orally and in writing of the contents 
of the verified motion for authority to consent to 
sterilization.  Outside the presence of the guardian, the 
guardian ad litem shall also attempt to elicit the ward's 
position concerning the motion, and any other areas of inquiry 
deemed appropriate by the court.  At or before the hearing, the 
guardian ad litem shall file a written report detailing his or 
her observations of the ward; the responses of the ward to any 
of the inquiries detailed in this Section; the opinion of the 
guardian ad litem and any other professionals with whom the 
guardian ad litem consulted concerning the ward's 
understanding of and desire for or objection to, as well as 
what is in the ward's best interest relative to, sterilization, 
other forms of contraception, and childbirth; and any other 
material issue discovered by the guardian ad litem.  The 
guardian ad litem shall appear at the hearing and testify, and 
may present witnesses, as to any issues presented in his or her 
report.
    (d)  The court (1) may appoint counsel for the ward if the 
court finds that the interests of the ward will be best served 
by the appointment, and (2) shall appoint counsel upon the 
ward's request, if the ward is objecting to the proposed 
sterilization, or if the ward takes a position adverse to that 
of the guardian ad litem.  The ward shall be permitted to obtain 
the appointment of counsel either at the hearing or by any 
written or oral request communicated to the court prior to the 
hearing.  The court shall inform the ward of this right to 
obtain appointed counsel. The court may allow counsel for the 
ward reasonable compensation.
    (e)  The court shall order a medical and psychological 
evaluation of the ward.  The evaluation shall address the ward's 
decision making capacity with respect to the proposed 
sterilization, the existence of any less permanent 
alternatives, and any other material issue.
    (f)  The court shall determine, as a threshold inquiry, 
whether the ward has capacity to consent or withhold consent to 
the proposed sterilization and, if the ward lacks such 
capacity, whether the ward is likely to regain such capacity.  
The ward shall not be deemed to lack such capacity solely on 
the basis of the adjudication of disability and appointment of 
a guardian.  In determining capacity, the court shall consider 
whether the ward is able, after being provided appropriate 
information, to understand the relationship between sexual 
activity and reproduction; the consequences of reproduction; 
and the nature and consequences of the proposed sterilization 
procedure.  If the court finds that (1) the ward has capacity to 
consent or withhold consent to the proposed sterilization, and 
(2) the ward objects or consents to the procedure, the court 
shall enter an order consistent with the ward's objection or 
consent and the proceedings on the verified motion shall be 
terminated.
    (g)  If the court finds that the ward does not have capacity 
to consent or withhold consent to the proposed sterilization 
and is unlikely to regain such capacity, the court shall 
determine whether the ward is expressing a clear desire for the 
proposed sterilization.  If the ward is expressing a clear 
desire for the proposed sterilization, the court's decision 
regarding the proposed sterilization shall be made in 
accordance with the standards set forth in subsection (e) of 
Section 11a-17 of this Act.
    (h)  If the court finds that the ward does not have capacity 
to consent or withhold consent to the proposed sterilization 
and is unlikely to regain such capacity, and that the ward is 
not expressing a clear desire for the proposed sterilization, 
the court shall consider the standards set forth in subsection 
(e) of Section 11a-17 of this Act and enter written findings of 
fact and conclusions of law addressing those standards.  In 
addition, the court shall not authorize the guardian to consent 
to the proposed sterilization unless the court finds, by clear 
and convincing evidence and based on written findings of fact 
and conclusions of law, that all of the following factors are 
present:
        (1)  The ward lacks decisional capacity regarding the 
    proposed sterilization.
        (2)  The ward is fertile and capable of procreation.
        (3)  The benefits to the ward of the proposed 
    sterilization outweigh the harm.
        (4)  The court has considered less intrusive 
    alternatives and found them to be inadequate in this case.
        (5)  The proposed sterilization is in the best interest 
    of the ward.  In considering the ward's best interest, the 
    court shall consider the following factors: 
            (A)  The possibility that the ward will experience 
        trauma or

 psychological damage if he or she has a child 
        and, conversely, the

possibility of trauma or 
        psychological damage from the proposed

sterilization.
            (B)  The ward is or is likely to become sexually 
        active.
            (C)  The inability of the ward to understand 
        reproduction or

contraception and the likely 
        permanence of that inability.
            (D)  Any other factors that assist the court in 
        determining the best

interest of the ward relative to 
        the proposed sterilization.