Illinois General Assembly - Bill Status for SB0098

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a guardian ad litem appointed in a child custody proceeding shall have completed 3 hours of training that relates to the functions and duties of a guardian ad litem and that includes training on the dynamics of domestic violence on partners and children. Requires a guardian ad litem in a child custody proceeding to investigate whether there is evidence that either partner engaged in domestic violence and to report to the court on the results of the investigation. Creates a rebuttable presumption that it is not in the best interest of the child for the court to grant sole or joint custody or visitation to a parent who: (i) has been adjudicated guilty of domestic violence as defined in the Illinois Domestic Violence Act of 1986 on multiple incidents of domestic violence or of a single incident of domestic violence that resulted in serious physical injury, as determined by the trier of fact, against the parent's partner or against the child; or (ii) has been convicted of violating an order of protection entered under the specified Sections of the Illinois Domestic Violence Act of 1986. Lists evidence that may be used to rebut the presumption. Provides that, in cases where the presumption is rebutted, the court shall state the evidence upon which the court determined that the presumption was rebutted and its findings relating to the reason that legal custody with that party is in the best interest of the child. Provides that, if there is a danger to the health or safety of a partner, joint mediation for custody shall not be required by the court. Requires that professional personnel, evaluators, and investigators, who advise the court concerning child interview or child custody, must have 3 hours of training in domestic violence and its effects on the partner and the child. Makes other changes. Effective immediately.

Deletes everything after the enacting clause. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a guardian ad litem appointed in a child custody proceeding shall have completed 3 hours of training that relates to the functions and duties of a guardian ad litem and that includes training on the dynamics of domestic violence on partners and children. Requires a guardian ad litem in a child custody proceeding to investigate whether there is evidence that either partner engaged in domestic violence and to report to the court on the results of the investigation. Provides that, in any proceeding for legal custody, joint custody, or modification of an order granting or denying visitation rights of a parent, where the court hears evidence concerning physical violence or threat of physical violence by the child's potential custodian or the occurrence of ongoing or repeated abuse as defined in the listed Section of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person, the court shall state in writing the reason that the court determined that legal custody, joint custody, or granting or denying visitation with that party is in the best interest of the child. Provides that, if there is a danger to the health or safety of a partner, joint mediation for custody shall not be required by the court. Requires that professional personnel, evaluators, and investigators, who advise the court concerning child interview or child custody, must have 3 hours of training in domestic violence and its effects on the partner and the child. Effective immediately.

Deletes everything after the enacting clause. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, in the list of relevant factors that the court shall consider when determining the best interest of the child, the court shall consider whether there is an occurrence of ongoing or repeated abuse as defined in the listed Section of the Illinois Domestic Violence Act of 1986. Provides that if there is a danger to the health or safety of a partner, joint mediation shall not be required by the court. Provides that the Supreme Court of Illinois, through its Administrative Office of the Illinois Courts, shall approve 3 hours of training for guardians ad litem, professional personnel, evaluators, and investigators. Requires the training to have a component on the dynamics of domestic violence and its effect on parents and children. Effective immediately.

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