Illinois General Assembly - Full Text of Public Act 095-0912
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Public Act 095-0912


 

Public Act 0912 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0912
 
HB5121 Enrolled LRB095 16625 AJO 42656 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 Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 602.1 as follows:
 
    (750 ILCS 5/602.1)  (from Ch. 40, par. 602.1)
    Sec. 602.1. (a) The dissolution of marriage, the
declaration of invalidity of marriage, the legal separation of
the parents, or the parents living separate and apart shall not
diminish parental powers, rights, and responsibilities except
as the court for good reason may determine under the standards
of Section 602.
    (b) Upon the application of either or both parents, or upon
its own motion, the court shall consider an award of joint
custody. Joint custody means custody determined pursuant to a
Joint Parenting Agreement or a Joint Parenting Order. In such
cases, the court shall initially request the parents to produce
a Joint Parenting Agreement. Such Agreement shall specify each
parent's powers, rights and responsibilities for the personal
care of the child and for major decisions such as education,
health care, and religious training. The Agreement shall
further specify a procedure by which proposed changes, disputes
and alleged breaches may be mediated or otherwise resolved and
shall provide for a periodic review of its terms by the
parents. In producing a Joint Parenting Agreement, the parents
shall be flexible in arriving at resolutions which further the
policy of this State as expressed in Sections 102 and 602. For
the purpose of assisting the court in making a determination
whether an award of joint custody is appropriate, the court may
order mediation and may direct that an investigation be
conducted pursuant to the provisions of Section 605. If there
is a danger to the health or safety of a partner, joint
mediation shall not be required by the court. In the event the
parents fail to produce a Joint Parenting Agreement, the court
may enter an appropriate Joint Parenting Order under the
standards of Section 602 which shall specify and contain the
same elements as a Joint Parenting Agreement, or it may award
sole custody under the standards of Sections 602, 607, and 608.
    (c) The court may enter an order of joint custody if it
determines that joint custody would be in the best interests of
the child, taking into account the following:
        (1) the ability of the parents to cooperate effectively
    and consistently in matters that directly affect the joint
    parenting of the child. "Ability of the parents to
    cooperate" means the parents' capacity to substantially
    comply with a Joint Parenting Order. The court shall not
    consider the inability of the parents to cooperate
    effectively and consistently in matters that do not
    directly affect the joint parenting of the child;
        (2) The residential circumstances of each parent; and
        (3) all other factors which may be relevant to the best
    interest of the child.
    (d) Nothing within this section shall imply or presume that
joint custody shall necessarily mean equal parenting time. The
physical residence of the child in joint custodial situations
shall be determined by:
        (1) express agreement of the parties; or
        (2) order of the court under the standards of this
    Section.
    (e) Notwithstanding any other provision of law, access to
records and information pertaining to a child, including but
not limited to medical, dental, child care and school records,
shall not be denied to a parent for the reason that such parent
is not the child's custodial parent; however, no parent shall
have access to the school records of a child if the parent is
prohibited by an order of protection from inspecting or
obtaining such records pursuant to the Illinois Domestic
Violence Act of 1986, as now or hereafter amended. No parent
who is a named respondent in an order of protection issued
pursuant to the Domestic Violence Act of 1986 shall have access
to the health care records of a child who is a protected person
under that order of protection.
(Source: P.A. 94-377, eff. 7-29-05.)
 
    Section 10. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 222 as follows:
 
    (750 ILCS 60/222)  (from Ch. 40, par. 2312-22)
    Sec. 222. Notice of orders.
    (a) Entry and issuance. Upon issuance of any order of
protection, the clerk shall immediately, or on the next court
day if an emergency order is issued in accordance with
subsection (c) of Section 217, (i) enter the order on the
record and file it in accordance with the circuit court
procedures and (ii) provide a file stamped copy of the order to
respondent, if present, and to petitioner.
    (b) Filing with sheriff. The clerk of the issuing judge
shall, or the petitioner may, on the same day that an order of
protection is issued, file a certified copy of that order with
the sheriff or other law enforcement officials charged with
maintaining Department of State Police records or charged with
serving the order upon respondent. If the order was issued in
accordance with subsection (c) of Section 217, the clerk shall
on the next court day, file a certified copy of the order with
the Sheriff or other law enforcement officials charged with
maintaining Department of State Police records.
    (c) Service by sheriff. Unless respondent was present in
court when the order was issued, the sheriff, other law
enforcement official or special process server shall promptly
serve that order upon respondent and file proof of such
service, in the manner provided for service of process in civil
proceedings. Instead of serving the order upon the respondent,
however, the sheriff, other law enforcement official, or
special process server may serve the respondent with a short
form notification as provided in Section 222.10. If process has
not yet been served upon the respondent, it shall be served
with the order or short form notification. A single fee may be
charged for service of an order obtained in civil court, or for
service of such an order together with process, unless waived
or deferred under Section 210.
    (c-5) If the person against whom the order of protection is
issued is arrested and the written order is issued in
accordance with subsection (c) of Section 217 and received by
the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law
enforcement agent shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for hearing on the petition
for order of protection or receipt of the order issued under
Section 217 of this Act.
    (d) Extensions, modifications and revocations. Any order
extending, modifying or revoking any order of protection shall
be promptly recorded, issued and served as provided in this
Section.
    (e) Notice to schools. Upon the request of the petitioner,
within 24 hours of the issuance of an order of protection, the
clerk of the issuing judge shall send written notice of the
order of protection along with a certified copy of the order of
protection to the day-care facility, pre-school or
pre-kindergarten, or private school or the principal office of
the public school district or any college or university in
which any child who is a protected person under the order of
protection or any child of the petitioner is enrolled. If the
child transfers enrollment to another day-care facility,
pre-school, pre-kindergarten, private school, public school,
college, or university, the petitioner may, within 24 hours of
the transfer, send to the clerk written notice of the transfer,
including the name and address of the institution to which the
child is transferring. Within 24 hours of receipt of notice
from the petitioner that a child is transferring to another
day-care facility, pre-school, pre-kindergarten, private
school, public school, college, or university, the clerk shall
send written notice of the order of protection, along with a
certified copy of the order, to the institution to which the
child is transferring.
    (f) Disclosure by schools. After receiving a certified copy
of an order of protection that prohibits a respondent's access
to records, neither a day-care facility, pre-school,
pre-kindergarten, public or private school, college, or
university nor its employees shall allow a respondent access to
a protected child's records or release information in those
records to the respondent. The school shall file the copy of
the order of protection in the records of a child who is a
protected person under the order of protection. When a child
who is a protected person under the order of protection
transfers to another day-care facility, pre-school,
pre-kindergarten, public or private school, college, or
university, the institution from which the child is
transferring may, at the request of the petitioner, provide,
within 24 hours of the transfer, written notice of the order of
protection, along with a certified copy of the order, to the
institution to which the child is transferring.
    (g) Notice to health care facilities and health care
practitioners. Upon the request of the petitioner, the clerk of
the circuit court shall send a certified copy of the order of
protection to any specified health care facility or health care
practitioner requested by the petitioner at the mailing address
provided by the petitioner.
    (h) Disclosure by health care facilities and health care
practitioners. After receiving a certified copy of an order of
protection that prohibits a respondent's access to records, no
health care facility or health care practitioner shall allow a
respondent access to the records of any child who is a
protected person under the order of protection, or release
information in those records to the respondent, unless the
order has expired or the respondent shows a certified copy of
the court order vacating the corresponding order of protection
that was sent to the health care facility or practitioner.
Nothing in this Section shall be construed to require health
care facilities or health care practitioners to alter
procedures related to billing and payment. The health care
facility or health care practitioner may file the copy of the
order of protection in the records of a child who is a
protected person under the order of protection, or may employ
any other method to identify the records to which a respondent
is prohibited access. No health care facility or health care
practitioner shall be civilly or professionally liable for
reliance on a copy of an order of protection, except for
willful and wanton misconduct.
(Source: P.A. 92-90, eff. 7-18-01; 92-162, eff. 1-1-02; 92-651,
eff. 7-11-02.)

Effective Date: 1/1/2009