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91_HB0377enr
HB0377 Enrolled LRB9100081SMdvA
1 AN ACT regarding representation of a child, amending
2 named Acts.
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 506 as follows:
7 (750 ILCS 5/506) (from Ch. 40, par. 506)
8 Sec. 506. Representation of child.
9 (a) Duties. In any proceedings involving the support,
10 custody, visitation, education, parentage, property interest,
11 or general welfare of a minor or dependent child, the court
12 may, on its own motion or that of any party, and subject to
13 the terms or specifications the court determines, appoint an
14 attorney to serve in one of the following capacities:
15 (1) as an attorney to represent the child;
16 (2) as a guardian ad litem to address issues the
17 court delineates;
18 (3) as a child's representative whose duty shall be
19 to advocate what the representative finds to be in the
20 best interests of the child after reviewing the facts and
21 circumstances of the case. The child's representative
22 shall have the same power and authority to take part in
23 the conduct of the litigation as does an attorney for a
24 party and shall possess all the powers of investigation
25 and recommendation as does a guardian ad litem. The
26 child's representative shall consider, but not be bound
27 by, the expressed wishes of the child. A child's
28 representative shall have received training in child
29 advocacy or shall possess such experience as determined
30 to be equivalent to such training by the chief judge of
31 the circuit where the child's representative has been
HB0377 Enrolled -2- LRB9100081SMdvA
1 appointed. The child's representative shall not disclose
2 confidential communications made by the child, except as
3 required by law or by the Rules of Professional Conduct.
4 The child's representative shall not be called as a
5 witness regarding the issues set forth in this
6 subsection.
7 During the proceedings the court may appoint an
8 additional attorney to serve in another of the capacities
9 described in subdivisions (a)(1), (a)(2), or (a)(3) on its
10 own motion or that of a party only for good cause shown and
11 when the reasons for the additional appointment are set forth
12 in specific findings.
13 (b) Fees and costs. The court shall enter an order as
14 appropriate for costs, fees, and disbursements, including a
15 retainer, when the attorney, guardian ad litem, or child's
16 representative is appointed, and thereafter as necessary.
17 Such orders shall require payment by either or both parents,
18 by any other party or source, or from the marital estate or
19 the child's separate estate. The court may not order payment
20 by the Illinois Department of Public Aid in cases in which
21 the Department is providing child and spouse support services
22 under Article X of the Illinois Public Aid Code. Unless
23 otherwise ordered by the court at the time fees and costs are
24 approved, all fees and costs payable to an attorney, guardian
25 ad litem, or child's representative under this Section are by
26 implication deemed to be in the nature of support of the
27 child and are within the exceptions to discharge in
28 bankruptcy under 11 U.S.C.A. 523. The provisions of Sections
29 501 and 508 of this Act shall apply to fees and costs for
30 attorneys appointed under this Section.
31 The court may appoint an attorney to represent the best
32 interests of a minor or dependent child with respect to his
33 support, custody, visitation, and property. The court may
34 also appoint an attorney as the guardian-ad-litem for the
HB0377 Enrolled -3- LRB9100081SMdvA
1 child. The court shall enter an order for costs, fees and
2 disbursements in favor of the child's attorney and
3 guardian-ad-litem, as the case may be. The order shall be
4 made against either or both parents or any adult party, or
5 against the child's separate estate.
6 (Source: P.A. 89-364, eff. 8-18-95; 90-309, eff. 1-1-98.)
7 Section 10. The Illinois Parentage Act of 1984 is
8 amended by changing Section 18 as follows:
9 (750 ILCS 45/18) (from Ch. 40, par. 2518)
10 Sec. 18. Right to Counsel; Free Transcript on Appeal.
11 (a) Any party may be represented by counsel at all
12 proceedings under this Act.
13 (a-5) In any proceedings involving the support, custody,
14 visitation, education, parentage, property interest, or
15 general welfare of a minor or dependent child, the court may,
16 on its own motion or that of any party, and subject to the
17 terms or specifications the court determines, appoint an
18 attorney to serve in one of the following capacities:
19 (1) as an attorney to represent the child;
20 (2) as a guardian ad litem to address issues the
21 court delineates;
22 (3) as a child's representative whose duty shall be
23 to advocate what the representative finds to be in the
24 best interests of the child after reviewing the facts and
25 circumstances of the case. The child's representative
26 shall have the same power and authority to take part in
27 the conduct of the litigation as does an attorney for a
28 party and shall possess all the powers of investigation
29 and recommendation as does a guardian ad litem. The
30 child's representative shall consider, but not be bound
31 by, the expressed wishes of the child. A child's
32 representative shall have received training in child
HB0377 Enrolled -4- LRB9100081SMdvA
1 advocacy or shall possess such experience as determined
2 to be equivalent to such training by the chief judge of
3 the circuit where the child's representative has been
4 appointed. The child's representative shall not disclose
5 confidential communications made by the child, except as
6 required by law or by the Rules of Professional Conduct.
7 The child's representative shall not be called as a
8 witness regarding the issues set forth in this
9 subsection.
10 During the proceedings the court may appoint an
11 additional attorney to serve in another of the capacities
12 described in subdivisions (1), (2), or (3) of the preceding
13 paragraph on its own motion or that of a party only for good
14 cause shown and when the reasons for the additional
15 appointment are set forth in specific findings.
16 The court shall enter an order as appropriate for costs,
17 fees, and disbursements, including a retainer, when the
18 attorney, guardian ad litem, or child's representative is
19 appointed, and thereafter as necessary. Such orders shall
20 require payment by either or both parents, by any other party
21 or source, or from the marital estate or the child's separate
22 estate. The court may not order payment by the Illinois
23 Department of Public Aid in cases in which the Department is
24 providing child and spouse support services under Article X
25 of the Illinois Public Aid Code. Unless otherwise ordered by
26 the court at the time fees and costs are approved, all fees
27 and costs payable to an attorney, guardian ad litem, or
28 child's representative under this Section are by implication
29 deemed to be in the nature of support of the child and are
30 within the exceptions to discharge in bankruptcy under 11
31 U.S.C.A. 523. The provisions of Sections 501 and 508 of this
32 Act shall apply to fees and costs for attorneys appointed
33 under this Section. In the best interests of the child, the
34 court may appoint counsel to represent a child whose
HB0377 Enrolled -5- LRB9100081SMdvA
1 parentage is at issue.
2 (b) Upon the request of a mother or child seeking to
3 establish the existence of a father and child relationship,
4 the State's Attorney shall represent the mother or child in
5 the trial court. If the child is an applicant for or a
6 recipient of assistance as defined in Section 2-6 of "The
7 Illinois Public Aid Code", approved April 11, 1967, as
8 amended, or has applied to the Illinois Department of Public
9 Aid for services under Article X of such Code, the Department
10 may file a complaint in the child's behalf under this Act.
11 The Department shall refer the complaint to the Public Aid
12 Claims Enforcement Division of the Office of the Attorney
13 General as provided in Section 12-16 of "The Illinois Public
14 Aid Code" for enforcement by the Attorney General. Legal
15 representation by the State's Attorney or the Attorney
16 General shall be limited to the establishment and enforcement
17 of an order for support, and shall not extend to visitation,
18 custody, property or other matters. If visitation, custody,
19 property or other matters are raised by a party and
20 considered by the court in any proceeding under this Act, the
21 court shall provide a continuance sufficient to enable the
22 mother or child to obtain representation for such matters.
23 (c) The Court may appoint counsel to represent any
24 indigent defendant in the trial court, except that this
25 representation shall be limited to the establishment of a
26 parent and child relationship and an order for support, and
27 shall not extend to visitation, custody, property,
28 enforcement of an order for support, or other matters. If
29 visitation, custody, property or other matters are raised by
30 a party and considered by the court in any proceeding under
31 this Act, the court shall provide a continuance sufficient to
32 enable the defendant to obtain representation for such
33 matters.
34 (d) The court shall furnish on request of any indigent
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1 party a transcript for purposes of appeal.
2 (Source: P.A. 90-23, eff. 1-1-98.)
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