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91_HB1845eng HB1845 Engrossed LRB9103725SMdv 1 AN ACT to amend the Illinois Marriage and Dissolution of 2 Marriage Act by changing Section 607. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Marriage and Dissolution of 6 Marriage Act is amended by changing Section 607 as follows: 7 (750 ILCS 5/607) (from Ch. 40, par. 607) 8 (Text of Section before amendment by P.A. 90-801) 9 Sec. 607. Visitation. 10 (a) A parent not granted custody of the child is 11 entitled to reasonable visitation rights unless the court 12 finds, after a hearing, that visitation would endanger 13 seriously the child's physical, mental, moral or emotional 14 health. If the custodian's street address is not identified, 15 pursuant to Section 708, the court shall require the parties 16 to identify reasonable alternative arrangements for 17 visitation by a non-custodial parent, including but not 18 limited to visitation of the minor child at the residence of 19 another person or at a local public or private facility. 20 (b) (1) The court may grant reasonable visitation 21 privileges to a grandparent, great-grandparent, or sibling of 22 any minor child upon petition to the court by the 23 grandparents or great-grandparents or on behalf of the 24 sibling, with notice to the parties required to be notified 25 under Section 601 of this Act, if the court determines that 26 it is in the best interests and welfare of the child, and may 27 issue any necessary orders to enforce such visitation 28 privileges. Except as provided in paragraph (2) of this 29 subsection (b), a petition for visitation privileges may be 30 filed under this paragraph (1) whether or not a petition 31 pursuant to this Act has been previously filed or is HB1845 Engrossed -2- LRB9103725SMdv 1 currently pending if one or more of the following 2 circumstances exist: 3 (A) the parents are not currently cohabiting on a 4 permanent or an indefinite basis; 5 (B) one of the parents has been absent from the 6 marital abode for more than one month without the spouse 7 knowing his or her whereabouts; 8 (C) one of the parents is deceased; 9 (D) one of the parents joins in the petition with 10 the grandparents, great-grandparents, or sibling; or 11 (E) a sibling is in State custody. 12 (1.2) Except as provided in paragraph (2) of this 13 subsection (b), the grandparent of a minor child may file a 14 petition for visitation privileges, with notice to parties as 15 required under Section 601, if the grandparent has had an 16 established relationship with the child but has been denied 17 an opportunity to visit the child for more than 90 days 18 preceding the date of filing of the petition. If the court 19 finds that visitation with the grandparent is in the best 20 interests and welfare of the child, the court shall grant 21 reasonable visitation privileges to the grandparent. A 22 petition for visitation privileges may be filed under this 23 paragraph (1.2) whether or not a petition pursuant to this 24 Act has been previously filed or is currently pending. 25 (1.5) The Court may grant reasonable visitation 26 privileges to a stepparent upon petition to the court by the 27 stepparent, with notice to the parties required to be 28 notified under Section 601 of this Act, if the court 29 determines that it is in the best interests and welfare of 30 the child, and may issue any necessary orders to enforce 31 those visitation privileges. A petition for visitation 32 privileges may be filed under this paragraph (1.5) whether or 33 not a petition pursuant to this Act has been previously filed 34 or is currently pending if the following circumstances are HB1845 Engrossed -3- LRB9103725SMdv 1 met: 2 (A) the child is at least 12 years old; 3 (B) the child resided continuously with the parent 4 and stepparent for at least 5 years; 5 (C) the parent is deceased or is disabled and is 6 unable to care for the child; 7 (D) the child wishes to have reasonable visitation 8 with the stepparent; and 9 (E) the stepparent was providing for the care, 10 control, and welfare to the child prior to the initiation 11 of the petition for visitation. 12 (2)(A) A petition for visitation privileges shall not be 13 filed pursuant to this subsection (b) by the parents or 14 grandparents of a putative father if the paternity of the 15 putative father has not been legally established. 16 (B) A petition for visitation privileges may not be 17 filed under this subsection (b) if the child who is the 18 subject of the grandparents' or great-grandparents' petition 19 has been voluntarily surrendered by the parent or parents, 20 except for a surrender to the Illinois Department of Children 21 and Family Services or a foster care facility, or has been 22 previously adopted by an individual or individuals who are 23 not related to the biological parents of the child or is the 24 subject of a pending adoption petition by an individual or 25 individuals who are not related to the biological parents of 26 the child. 27 (3) When one parent is deceased, the surviving parent 28 shall not interfere with the visitation rights of the 29 grandparents. 30 (c) The court may modify an order granting or denying 31 visitation rights whenever modification would serve the best 32 interest of the child; but the court shall not restrict a 33 parent's visitation rights unless it finds that the 34 visitation would endanger seriously the child's physical, HB1845 Engrossed -4- LRB9103725SMdv 1 mental, moral or emotional health. 2 (d) If any court has entered an order prohibiting a 3 non-custodial parent of a child from any contact with a child 4 or restricting the non-custodial parent's contact with the 5 child, the following provisions shall apply: 6 (1) If an order has been entered granting 7 visitation privileges with the child to a grandparent or 8 great-grandparent who is related to the child through the 9 non-custodial parent, the visitation privileges of the 10 grandparent or great-grandparent may be revoked if: 11 (i) a court has entered an order prohibiting 12 the non-custodial parent from any contact with the 13 child, and the grandparent or great-grandparent is 14 found to have used his or her visitation privileges 15 to facilitate contact between the child and the 16 non-custodial parent; or 17 (ii) a court has entered an order restricting 18 the non-custodial parent's contact with the child, 19 and the grandparent or great-grandparent is found to 20 have used his or her visitation privileges to 21 facilitate contact between the child and the 22 non-custodial parent in a manner that violates the 23 terms of the order restricting the non-custodial 24 parent's contact with the child. 25 Nothing in this subdivision (1) limits the authority 26 of the court to enforce its orders in any manner 27 permitted by law. 28 (2) Any order granting visitation privileges with 29 the child to a grandparent or great-grandparent who is 30 related to the child through the non-custodial parent 31 shall contain the following provision: 32 "If the (grandparent or great-grandparent, whichever 33 is applicable) who has been granted visitation privileges 34 under this order uses the visitation privileges to HB1845 Engrossed -5- LRB9103725SMdv 1 facilitate contact between the child and the child's 2 non-custodial parent, the visitation privileges granted 3 under this order shall be permanently revoked." 4 (e) No parent, not granted custody of the child, or 5 grandparent, or great-grandparent, or stepparent, or sibling 6 of any minor child, convicted of any offense involving an 7 illegal sex act perpetrated upon a victim less than 18 years 8 of age including but not limited to offenses for violations 9 of Article 12 of the Criminal Code of 1961, is entitled to 10 visitation rights while incarcerated or while on parole, 11 probation, conditional discharge, periodic imprisonment, or 12 mandatory supervised release for that offense, and upon 13 discharge from incarceration for a misdemeanor offense or 14 upon discharge from parole, probation, conditional discharge, 15 periodic imprisonment, or mandatory supervised release for a 16 felony offense, visitation shall be denied until the person 17 successfully completes a treatment program approved by the 18 court. 19 (Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98.) 20 (Text of Section after amendment by P.A. 90-801) 21 Sec. 607. Visitation. 22 (a) A parent not granted custody of the child is 23 entitled to reasonable visitation rights unless the court 24 finds, after a hearing, that visitation would endanger 25 seriously the child's physical, mental, moral or emotional 26 health. If the custodian's street address is not identified, 27 pursuant to Section 708, the court shall require the parties 28 to identify reasonable alternative arrangements for 29 visitation by a non-custodial parent, including but not 30 limited to visitation of the minor child at the residence of 31 another person or at a local public or private facility. 32 (b) (1) The court may grant reasonable visitation 33 privileges to a grandparent, great-grandparent, or sibling of 34 any minor child upon petition to the court by the HB1845 Engrossed -6- LRB9103725SMdv 1 grandparents or great-grandparents or on behalf of the 2 sibling, with notice to the parties required to be notified 3 under Section 601 of this Act, if the court determines that 4 it is in the best interests and welfare of the child, and may 5 issue any necessary orders to enforce such visitation 6 privileges. Except as provided in paragraph (2) of this 7 subsection (b), a petition for visitation privileges may be 8 filed under this paragraph (1) whether or not a petition 9 pursuant to this Act has been previously filed or is 10 currently pending if one or more of the following 11 circumstances exist: 12 (A) the parents are not currently cohabiting on a 13 permanent or an indefinite basis; 14 (B) one of the parents has been absent from the 15 marital abode for more than one month without the spouse 16 knowing his or her whereabouts; 17 (C) one of the parents is deceased; 18 (D) one of the parents joins in the petition with 19 the grandparents, great-grandparents, or sibling; or 20 (E) a sibling is in State custody. 21 (1.2) Except as provided in paragraph (2) of this 22 subsection (b), the grandparent of a minor child may file a 23 petition for visitation privileges, with notice to parties as 24 required under Section 601, if the grandparent has had an 25 established relationship with the child but has been denied 26 an opportunity to visit the child for more than 90 days 27 preceding the date of filing of the petition. If the court 28 finds that visitation with the grandparent is in the best 29 interests and welfare of the child, the court shall grant 30 reasonable visitation privileges to the grandparent. A 31 petition for visitation privileges may be filed under this 32 paragraph (1.2) whether or not a petition pursuant to this 33 Act has been previously filed or is currently pending. 34 (1.5) The Court may grant reasonable visitation HB1845 Engrossed -7- LRB9103725SMdv 1 privileges to a stepparent upon petition to the court by the 2 stepparent, with notice to the parties required to be 3 notified under Section 601 of this Act, if the court 4 determines that it is in the best interests and welfare of 5 the child, and may issue any necessary orders to enforce 6 those visitation privileges. A petition for visitation 7 privileges may be filed under this paragraph (1.5) whether or 8 not a petition pursuant to this Act has been previously filed 9 or is currently pending if the following circumstances are 10 met: 11 (A) the child is at least 12 years old; 12 (B) the child resided continuously with the parent 13 and stepparent for at least 5 years; 14 (C) the parent is deceased or is disabled and is 15 unable to care for the child; 16 (D) the child wishes to have reasonable visitation 17 with the stepparent; and 18 (E) the stepparent was providing for the care, 19 control, and welfare to the child prior to the initiation 20 of the petition for visitation. 21 (2)(A) A petition for visitation privileges shall not be 22 filed pursuant to this subsection (b) by the parents or 23 grandparents of a putative father if the paternity of the 24 putative father has not been legally established. 25 (B) A petition for visitation privileges may not be 26 filed under this subsection (b) if the child who is the 27 subject of the grandparents' or great-grandparents' petition 28 has been voluntarily surrendered by the parent or parents, 29 except for a surrender to the Illinois Department of Children 30 and Family Services or a foster care facility, or has been 31 previously adopted by an individual or individuals who are 32 not related to the biological parents of the child or is the 33 subject of a pending adoption petition by an individual or 34 individuals who are not related to the biological parents of HB1845 Engrossed -8- LRB9103725SMdv 1 the child. 2 (3) When one parent is deceased, the surviving parent 3 shall not interfere with the visitation rights of the 4 grandparents. 5 (c) The court may modify an order granting or denying 6 visitation rights whenever modification would serve the best 7 interest of the child; but the court shall not restrict a 8 parent's visitation rights unless it finds that the 9 visitation would endanger seriously the child's physical, 10 mental, moral or emotional health. 11 (d) If any court has entered an order prohibiting a 12 non-custodial parent of a child from any contact with a child 13 or restricting the non-custodial parent's contact with the 14 child, the following provisions shall apply: 15 (1) If an order has been entered granting 16 visitation privileges with the child to a grandparent or 17 great-grandparent who is related to the child through the 18 non-custodial parent, the visitation privileges of the 19 grandparent or great-grandparent may be revoked if: 20 (i) a court has entered an order prohibiting 21 the non-custodial parent from any contact with the 22 child, and the grandparent or great-grandparent is 23 found to have used his or her visitation privileges 24 to facilitate contact between the child and the 25 non-custodial parent; or 26 (ii) a court has entered an order restricting 27 the non-custodial parent's contact with the child, 28 and the grandparent or great-grandparent is found to 29 have used his or her visitation privileges to 30 facilitate contact between the child and the 31 non-custodial parent in a manner that violates the 32 terms of the order restricting the non-custodial 33 parent's contact with the child. 34 Nothing in this subdivision (1) limits the authority HB1845 Engrossed -9- LRB9103725SMdv 1 of the court to enforce its orders in any manner 2 permitted by law. 3 (2) Any order granting visitation privileges with 4 the child to a grandparent or great-grandparent who is 5 related to the child through the non-custodial parent 6 shall contain the following provision: 7 "If the (grandparent or great-grandparent, whichever 8 is applicable) who has been granted visitation privileges 9 under this order uses the visitation privileges to 10 facilitate contact between the child and the child's 11 non-custodial parent, the visitation privileges granted 12 under this order shall be permanently revoked." 13 (e) No parent, not granted custody of the child, or 14 grandparent, or great-grandparent, or stepparent, or sibling 15 of any minor child, convicted of any offense involving an 16 illegal sex act perpetrated upon a victim less than 18 years 17 of age including but not limited to offenses for violations 18 of Article 12 of the Criminal Code of 1961, is entitled to 19 visitation rights while incarcerated or while on parole, 20 probation, conditional discharge, periodic imprisonment, or 21 mandatory supervised release for that offense, and upon 22 discharge from incarceration for a misdemeanor offense or 23 upon discharge from parole, probation, conditional discharge, 24 periodic imprisonment, or mandatory supervised release for a 25 felony offense, visitation shall be denied until the person 26 successfully completes a treatment program approved by the 27 court. 28 (f) Unless the court determines, after considering all 29 relevant factors, including but not limited to those set 30 forth in Section 602(a), that it would be in the best 31 interests of the child to allow visitation, the court shall 32 not enter an order providing visitation rights and pursuant 33 to a motion to modify visitation shall revoke visitation 34 rights previously granted to any person who would otherwise HB1845 Engrossed -10- LRB9103725SMdv 1 be entitled to petition for visitation rights under this 2 Section who has been convicted of first degree murder of the 3 parent, grandparent, great-grandparent, or sibling of the 4 child who is the subject of the order. Until an order is 5 entered pursuant to this subsection, no person shall visit, 6 with the child present, a person who has been convicted of 7 first degree murder of the parent, grandparent, 8 great-grandparent, or sibling of the child without the 9 consent of the child's parent, other than a parent convicted 10 of first degree murder as set forth herein, or legal 11 guardian. 12 (Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98; 13 90-801, eff. 6-1-99; revised 12-22-98.) 14 Section 95. No acceleration or delay. Where this Act 15 makes changes in a statute that is represented in this Act by 16 text that is not yet or no longer in effect (for example, a 17 Section represented by multiple versions), the use of that 18 text does not accelerate or delay the taking effect of (i) 19 the changes made by this Act or (ii) provisions derived from 20 any other Public Act. 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.