| ||||
| Public Act 103-0475 | ||||
| ||||
| ||||
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 changing | ||||
Section 11-5 as follows:
| ||||
(755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
| ||||
Sec. 11-5. Appointment of guardian.
| ||||
(a) Upon the filing of a petition for the appointment of a | ||||
guardian or on
its own motion, the court may appoint a guardian | ||||
of the estate or of both the
person and estate, of a minor, or | ||||
may appoint a guardian of the person only of
a minor or minors, | ||||
as the court finds to be in the best interest of the minor
or | ||||
minors.
| ||||
(a-1) A parent, adoptive parent or adjudicated parent, | ||||
whose parental rights
have not been terminated, may designate | ||||
in any writing, including a will, a
person qualified to act | ||||
under Section 11-3 to be appointed as guardian of
the person or | ||||
estate, or both, of an unmarried minor or of a child likely to | ||||
be
born. A parent, adoptive parent or adjudicated parent, | ||||
whose parental rights
have not been terminated, or a guardian | ||||
or a standby guardian of an unmarried
minor or of a child | ||||
likely to be born may designate in any writing, including a
| ||||
will, a person qualified to act under Section 11-3 to be | ||||
appointed as successor
guardian of the minor's person or | ||
estate, or both. The designation must be
witnessed by 2 or more | ||
credible witnesses at least 18 years of age, neither of
whom is | ||
the person designated as the guardian. The designation may be | ||
proved
by any competent evidence. If the designation is | ||
executed and attested in the
same manner as a will, it shall | ||
have prima facie validity. The designation of a
guardian or | ||
successor guardian does not affect the rights of the other | ||
parent
in the minor.
| ||
(b) The court lacks jurisdiction to proceed on a petition | ||
for the
appointment of a guardian of a minor if it finds that | ||
(i) the minor has a living parent,
adoptive parent or | ||
adjudicated parent, whose parental rights have not been
| ||
terminated, whose whereabouts are known, and who is willing | ||
and able to make
and carry out day-to-day child care decisions | ||
concerning the minor, unless: (1) the
parent or parents | ||
voluntarily relinquished physical custody of the minor; (2) | ||
after receiving notice of the
hearing under Section 11-10.1, | ||
the parent or parents fail to object to the appointment at the
| ||
hearing on the petition; (3) the parent or parents consent to | ||
the appointment as evidenced by a written document that has | ||
been notarized and dated, or by a personal appearance and | ||
consent in open court; or (4) the parent or parents, due to an | ||
administrative separation, are unable to give consent to the | ||
appointment in person or by a notarized, written document as | ||
evidenced by a sworn affidavit submitted by the petitioner | ||
describing the parent's or parents' inability to receive | ||
notice or give consent; or (ii) there is a guardian for the | ||
minor appointed by
a court of competent jurisdiction. There | ||
shall be a rebuttable presumption
that a parent of a minor is | ||
willing and able to make and carry out
day-to-day child care | ||
decisions concerning the minor, but the presumption may
be | ||
rebutted by a preponderance of the evidence. If a short-term | ||
guardian has been appointed for the minor prior to the filing | ||
of the petition and the petitioner for guardianship is not the | ||
short-term guardian, there shall be a rebuttable presumption | ||
that it is in the best interest of the minor to remain in the | ||
care of the short-term guardian. The petitioner shall have the | ||
burden of proving by a preponderance of the evidence that it is | ||
not in the child's best interest to remain with the short-term | ||
guardian.
| ||
(b-1) If the court finds the appointment of a guardian of | ||
the minor to be
in the best interest of the minor, and if a | ||
standby guardian has previously
been appointed for the minor | ||
under Section 11-5.3, the court shall appoint the
standby | ||
guardian as the guardian of the person or estate, or both, of | ||
the minor
unless the court finds, upon good cause shown, that | ||
the appointment would no
longer be in the best interest of the | ||
minor.
| ||
(b-2) No petition for the appointment of a guardian of a | ||
minor shall be filed if the primary purpose of the filing is to | ||
reduce the financial resources available to the minor in order | ||
to cause the minor to qualify for public or private financial | ||
assistance from an educational institution. The court may deny | ||
the petition if it finds by a preponderance of the evidence | ||
that the primary 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. | ||
(c) If the minor is 14 years of age or more, the minor may | ||
nominate the
guardian of the minor's person and estate, | ||
subject to approval of the court. If
the minor's nominee is not | ||
approved by the court or if, after notice to the minor, the | ||
minor fails to nominate a
guardian of the minor's person or | ||
estate, the court may appoint the guardian
without nomination.
| ||
(d) The court shall not appoint as guardian of the person | ||
of the minor any
person whom the court has determined had | ||
caused or substantially contributed to
the minor becoming a | ||
neglected or abused minor as defined in the Juvenile Court
Act | ||
of 1987, unless 2 years have elapsed since the last proven | ||
incident of abuse
or neglect and the court determines that | ||
appointment of such person as guardian
is in the best | ||
interests of the minor.
| ||
(e) Previous statements made by the minor relating to any | ||
allegations
that the minor is an abused or neglected child | ||
within the meaning of the
Abused and Neglected Child Reporting | ||
Act, or an abused or neglected minor
within the meaning of the | ||
Juvenile Court Act of 1987, shall be admissible
in evidence in | ||
a hearing concerning appointment of a guardian of the person
| ||
or estate of the minor. No such statement, however, if | ||
uncorroborated and
not subject to cross-examination, shall be | ||
sufficient in itself to support
a finding of abuse or neglect.
| ||
(Source: P.A. 101-120, eff. 7-23-19.)
| ||
Section 10. The Educational Planning Services Consumer | ||
Protection Act is amended by changing Sections 10, 15, 20, 25, | ||
30, 40, and 90 as follows: | ||
(815 ILCS 616/10)
| ||
Sec. 10. Purpose and construction. The purpose of this Act | ||
is to protect consumers who enter into agreements with | ||
educational planning service providers and to regulate | ||
educational planning service providers. This Act shall be | ||
construed as a consumer protection law for all purposes. This | ||
Act shall be liberally construed to effectuate its purpose.
| ||
(Source: P.A. 102-571, eff. 1-1-22.) | ||
(815 ILCS 616/15)
| ||
Sec. 15. Definitions. As used in this Act: | ||
"Consumer" means any person who purchases or contracts for | ||
the purchase of educational planning services. | ||
"Educational planning services" means college and career | ||
preparatory planning services, including, but not limited to, | ||
advice regarding and assistance with college and career | ||
searches; college application preparation or submission; | ||
financial aid application planning, preparation, or | ||
submission; and scholarship searches and applications. | ||
"Educational planning service provider" means any person | ||
or entity engaging in or holding itself out as engaging in the | ||
business of providing educational planning services in | ||
exchange for any fee or compensation, or any person who | ||
solicits or acts on behalf of any person or entity engaging in | ||
or holding itself out as engaging in the business of providing | ||
educational planning services in exchange for any fee or | ||
compensation. "Educational planning service provider" does not | ||
include any of the following: | ||
(1) An A not-for-profit or public institution of | ||
higher learning, as defined in the Higher Education | ||
Student Assistance Act, and the individuals employed by | ||
that institution where educational planning services are | ||
provided as part of the financial aid or career counseling | ||
services offered by the institution. | ||
(2) Public entities and their officers while acting in | ||
their official capacities. | ||
(3) Persons acting on behalf of a consumer under court | ||
order or as a legal representative. | ||
"Enrollment fee" or "set up fee" means any fee, | ||
obligation, or compensation paid or to be paid by the consumer | ||
to an educational planning service provider in consideration | ||
of or in connection with establishing a contract or other | ||
agreement with a consumer related to the provision of | ||
educational planning services. | ||
"Maintenance fee" means any fee, obligation, or | ||
compensation paid or to be paid by the consumer on a periodic | ||
basis to an educational planning service provider in | ||
consideration for maintaining the relationship and services to | ||
be provided by the educational planning service provider in | ||
accordance with a contract with a consumer related to the | ||
provision of educational planning services.
| ||
(Source: P.A. 102-571, eff. 1-1-22.) | ||
(815 ILCS 616/20)
| ||
Sec. 20. Prohibitions and requirements. | ||
(a) It shall be unlawful for any person or entity to act as | ||
an educational planning service provider unless it remains in | ||
compliance with except as authorized by this Act. | ||
(b) An educational planning service provider may not | ||
provide educational planning services to a consumer for a fee | ||
without a written contract signed and dated by both the | ||
consumer and the educational planning service provider. A | ||
contract between an educational planning service provider and | ||
a consumer for the provision of educational planning services | ||
shall disclose clearly and conspicuously all of the following: | ||
(1) The name and address of the consumer. | ||
(2) The date of execution of the contract. | ||
(3) The legal name of the educational planning service | ||
provider, including any other business names used by the | ||
educational planning service provider. | ||
(4) The corporate address and regular business | ||
address, including a street address, of the educational | ||
planning service provider. | ||
(5) The telephone number at which the consumer may | ||
speak with a representative of the educational planning | ||
service provider during normal business hours. | ||
(6) A description of the services and an itemized list | ||
of all fees to be paid by the consumer for each service and | ||
the date, approximate date, or circumstances under which | ||
each fee will become due. | ||
(7) The contents of the Consumer Notice and Rights | ||
Form provided in Section 25 of this Act. | ||
(8) A written notice to the consumer that the consumer | ||
may cancel the contract at any time until after the | ||
educational planning service provider has fully performed | ||
each service the educational planning service provider | ||
contracted to perform or represented he or she would | ||
perform and that the consumer may not be required to pay | ||
for services the consumer did not receive and shall be | ||
entitled to a full refund of any fees paid for educational | ||
planning services not provided. | ||
(9) A form the consumer may use to cancel the contract | ||
pursuant to this Act. The form shall include the name and | ||
mailing address of the educational planning service | ||
provider and shall disclose clearly and conspicuously how | ||
the consumer can cancel the contract, including applicable | ||
addresses, telephone numbers, facsimile numbers, and | ||
electronic mail addresses the consumer can use to cancel | ||
the contract. Notwithstanding any other provision of this | ||
paragraph (9) to the contrary, a consumer's lack of strict | ||
adherence to an educational planning service provider's | ||
cancellation form or processes does not invalidate a | ||
consumer's good faith and reasonable method or form of | ||
cancellation. | ||
(c) If an educational planning service provider | ||
communicates with a consumer primarily in a language other | ||
than English, then the educational planning service provider | ||
shall furnish to the consumer a translation of all the | ||
disclosures and documents required by this Act, including, but | ||
not limited to, the contract, in that other language. | ||
(d) An educational planning service provider may not | ||
charge or receive from a consumer any enrollment fee, set up | ||
fee, up-front fee of any kind, or maintenance fee, and a | ||
consumer shall pay only for the educational planning services | ||
provided. | ||
(e) An educational planning service provider may not do | ||
any of the following: | ||
(1) Represent, expressly or by implication, any | ||
results or outcomes of its educational planning services | ||
in any advertising, marketing, or other communication to | ||
consumers unless the educational planning service provider | ||
possesses substantiation for such representation at the | ||
time such representation is made. | ||
(2) Expressly or by implication, make any unfair or | ||
deceptive representations or any omissions of material | ||
facts in any of its advertising or marketing | ||
communications concerning educational planning services. | ||
(3) Advertise or market educational planning services, | ||
enter into a contract for educational planning services, | ||
or provide educational planning services without making | ||
the disclosures required in this Act at the times and in | ||
the form and manner as described in this Act. | ||
(4) Advise about or represent, expressly or by | ||
implication, any unlawful services to be provided or fees | ||
to be collected by the educational planning service | ||
provider. | ||
(5) Advise or represent, expressly or by implication, | ||
that consumers pay any fees that are unearned by the | ||
educational planning service provider. | ||
(6) Advise, encourage, or represent, expressly or by | ||
implication, that a consumer provide false or misleading | ||
information about financial or other circumstances to gain | ||
admission into a higher education institution or to be | ||
eligible for student financial aid, including, but not | ||
limited to, advising a consumer to petition for the | ||
appointment of a guardian for a minor for the primary | ||
purpose of reducing the financial resources available to | ||
the minor in order to cause the minor to qualify for public | ||
or private financial aid.
| ||
(Source: P.A. 102-571, eff. 1-1-22.) | ||
(815 ILCS 616/25)
| ||
Sec. 25. Required disclosures. | ||
(a) In any marketing or advertising communications, an | ||
education planning service provider must provide the following | ||
disclosure verbatim, both orally and in writing, with the | ||
caption: | ||
CONSUMER NOTICE OF AVAILABILITY | ||
OF FREE THESE SERVICES FOR FREE | ||
General educational Educational planning services may | ||
be available of this type are provided free of charge from | ||
at no cost to you by the Illinois Student Assistance | ||
Commission and may also be offered by other public or | ||
not-for-profit entities, such as a public library or an | ||
institution of higher learning. | ||
(b) An educational planning service provider must provide | ||
the following warning verbatim, both orally and in writing, | ||
with the caption "CONSUMER NOTICE AND RIGHTS FORM" in at least | ||
18-point 28-point font and the remaining portion in at least | ||
12-point 14-point font, to a consumer before the consumer | ||
signs a contract for the educational planning service | ||
provider's services: | ||
CONSUMER NOTICE AND RIGHTS FORM | ||
AVAILABILITY OF FREE THESE SERVICES FOR FREE | ||
General educational Educational planning services may | ||
be available of this type are provided free of charge from | ||
at no cost to you by the Illinois Student Assistance | ||
Commission and may be offered by other public or | ||
not-for-profit entities, such as a public library or an | ||
institution of higher learning. | ||
YOUR RIGHT TO CANCEL | ||
If you sign a contract with an educational planning | ||
service provider, you have the right to cancel at any time | ||
and receive a full refund of all unearned fees you have | ||
paid to the provider. You will not be responsible for | ||
payment of services that are not fully performed. | ||
IF YOU ARE DISSATISFIED OR YOU HAVE QUESTIONS | ||
If you are dissatisfied with an educational planning | ||
service provider or have any questions, please bring it to | ||
the attention of the Illinois Attorney General's Office. | ||
(c) The educational planning service provider must | ||
maintain proof that it has provided to the consumer the | ||
Consumer Notice and Rights Form in accordance with subsection | ||
(b) of this Section. | ||
(d) The consumer shall sign and date an acknowledgment | ||
form titled "Consumer Notice and Rights Form" that states: "I, | ||
the consumer, have received from the educational planning | ||
service provider a copy of the form titled "Consumer Notice | ||
and Rights Form," and I have been provided the Illinois | ||
Student Assistance Commission's Internet website address where | ||
I can obtain general educational planning services are | ||
provided free of charge.". The educational planning service | ||
provider or its representative shall also sign and date the | ||
acknowledgment form, which shall include the name and address | ||
of the educational planning service provider. The | ||
acknowledgment form shall be in duplicate and shall be | ||
incorporated into the Consumer Notice and Rights Form under | ||
subsection (b) of this Section. The original acknowledgment | ||
form shall be retained by the educational planning service | ||
provider, and the duplicate copy shall be retained by the | ||
consumer. | ||
(e) If the acknowledgment form under subsection (d) of | ||
this Section is in an electronic format, then, in addition to | ||
the other requirements of this Act, the acknowledgment form | ||
shall: | ||
(1) contain a live link to the Illinois Student | ||
Assistance Commission's Internet website where general | ||
educational planning services may be available are offered | ||
free of charge; and | ||
(2) be digitally signed by the consumer in compliance | ||
with the provisions of the federal Electronic Signatures | ||
in Global and National Commerce Act concerning consumer | ||
disclosures, including subsection (c) of Section 101 of | ||
that Act.
| ||
(Source: P.A. 102-571, eff. 1-1-22.) | ||
(815 ILCS 616/30)
| ||
Sec. 30. Cancellation of contract; refund. | ||
(a) A consumer may cancel a contract with an educational | ||
planning service provider at any time before the educational | ||
planning service provider has fully performed each service the | ||
educational planning service provider contracted to perform or | ||
represented it would perform. | ||
(b) If a consumer cancels a contract with an educational | ||
planning service provider, then the educational planning | ||
service provider shall refund all fees and compensation, with | ||
the exception of any earned fees for services provided. | ||
(c) At any time upon a material violation of this Act on | ||
the part of the educational planning service provider, the | ||
educational planning service provider shall refund all fees | ||
and compensation to the consumer. | ||
(d) An educational planning service provider shall make | ||
any refund required under this Act within 5 business days | ||
after the notice of cancellation or voiding of the contract | ||
due to a violation of this Act and shall include with the | ||
refund a full statement of account showing fees received and | ||
fees refunded. | ||
(e) Upon cancellation or voiding of the contract, all | ||
direct debit authorizations granted to the educational | ||
planning service provider by the consumer shall be considered | ||
revoked and voided. | ||
(f) Upon the termination of the contract for any reason, | ||
the educational planning service provider shall provide a | ||
timely and accurate response to any postsecondary institution, | ||
agency, or other entity that contacts the provider in | ||
reference to the consumer, indicating that the provider notice | ||
that it no longer represents the consumer to any entity or | ||
agency with whom the educational planning service provider has | ||
had any prior communication on behalf of the consumer in | ||
connection with the provision of any educational planning | ||
services.
| ||
(Source: P.A. 102-571, eff. 1-1-22.) | ||
(815 ILCS 616/40)
| ||
Sec. 40. Civil remedies; injunction. | ||
(a) A material violation of this Act constitutes an | ||
unlawful practice under the Consumer Fraud and Deceptive | ||
Business Practices Act. All remedies, penalties, and authority | ||
granted to the Attorney General or State's Attorney by the | ||
Consumer Fraud and Deceptive Business Practices Act shall be | ||
available to him or her for the enforcement of this Act. | ||
(b) A consumer who suffers loss by reason of a material | ||
violation of this Act may bring a civil action in accordance | ||
with the Consumer Fraud and Deceptive Business Practices Act | ||
to enforce a provision of this Act. All remedies and rights | ||
granted to a consumer by the Consumer Fraud and Deceptive | ||
Business Practices Act shall be available to the consumer | ||
bringing such an action. The remedies and rights provided for | ||
in this Act are not exclusive, but cumulative, and all other | ||
applicable claims are specifically preserved. | ||
(c) Any contract for educational planning services made in | ||
material violation of this Act shall be null and void and of no | ||
legal effect. | ||
(d) To engage in educational planning services in | ||
violation of this Act is declared to be inimical to the public | ||
welfare and to constitute a public nuisance. The Illinois | ||
Student Assistance Commission may, in the name of the people | ||
of the State of Illinois, through the Attorney General, file a | ||
complaint for an injunction in the circuit court to enjoin | ||
such person from engaging in that unlawful business. An | ||
injunction proceeding shall be in addition to and not in lieu | ||
of penalties and remedies otherwise provided in this Act.
| ||
(Source: P.A. 102-571, eff. 1-1-22.) | ||
(815 ILCS 616/90)
| ||
Sec. 90. Rules. The Illinois Student Assistance Commission | ||
shall adopt and enforce all reasonable rules necessary or | ||
appropriate for the administration of this Act.
| ||
(Source: P.A. 102-571, eff. 1-1-22.) | ||