99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5656
 
Introduced , by Rep. Norine Hammond
 
SYNOPSIS AS INTRODUCED:
 

 
See Index

     Amends the Department of Children and Family Services Act. Requires the Department of Children and Family Services to make reasonable efforts and accommodations to grant visitation privileges to a  non-custodial grandparent or great-grandparent of a child who is in the care and custody of the Department that is separate and apart from any visitation privileges granted to a parent of the child. Provides that the Department shall consider, but shall not be limited to, certain criteria in determining whether to grant visitation, including: (i) the wishes of the child, taking into account
        the child's maturity and ability to express reasoned and independent preferences as to visitation; (ii) the mental and physical health of the
grandparent or great-grandparent; and (iii) the quantity of the visitation time requested
        and the potential adverse impact that visitation would have on the child's customary activities. Provides that the Department may deny a request for visitation after considering the specified criteria in addition to any other criteria the court deems necessary. Contains provisions concerning the automatic termination of visitation privileges and the Department's establishment of an appeal procedure to review a decision to deny visitation. Amends the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987. Provides that a court may grant  visitation privileges to a  non-custodial grandparent or great-grandparent of a child who is in the care and custody of the Department that is separate and apart from any visitation privileges granted to a parent of the child. Provides that the court shall consider certain criteria in determining whether to grant visitation and that the court may deny a request for visitation after considering the specified criteria in addition to any other criteria the court deems necessary.


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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB5656LRB099 17646 KTG 42004 b


  
1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Children and Family Services Act is amended  
5by changing Section 35.8 and  by adding Section 35.9 as follows:
 
6    (20 ILCS 505/35.8)
7    Sec. 35.8. Grandparent and great-grandparent visitation 
8rules; review. Not later than 6 months after the effective date 
9of this amendatory Act of the 99th General Assembly, and every 
105 years thereafter, the Department shall review the rules on 
11granting visitation privileges to a non-custodial grandparent 
12or great-grandparent of a child who is in the care and custody 
13of the Department.

14(Source: P.A. 99-341, eff. 8-11-15.)
 
15    (20 ILCS 505/35.9 new)
16    Sec. 35.9. Visitation privileges; grandparents and 
17great-grandparents.
18    (a) The Department shall make reasonable efforts and 
19accommodations to grant visitation privileges to a  
20non-custodial grandparent or great-grandparent of a child who 
21is in the care and custody of the Department. Any visitation 
22privileges granted under this Section shall be separate and 
 
 
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1apart from any visitation privileges granted to a parent of the 
2child. The Department shall consider, but shall not be limited 
3to, the following criteria in determining whether to grant 
4visitation:
5        (1) the wishes of the child, taking into account
        the 
6    child's maturity and ability to express reasoned and 
7    independent preferences as to visitation;
8        (2) the mental and physical health of the child;
9        (3) the mental and physical health of the
grandparent 
10    or great-grandparent; 
11        (4) the length and quality of the prior
        relationship 
12    between the child and the grandparent or 
13    great-grandparent; 
14        (5) the quantity of the visitation time requested
        and 
15    the potential adverse impact that visitation would have on 
16    the child's customary activities;
17        (6) any other fact that establishes that the loss
        of 
18    the relationship between the child and the grandparent or 
19    great-grandparent is likely to unduly harm the child's 
20    mental, physical, or emotional health; and
21        (7) whether visitation can be structured in a way
        to 
22    minimize the child's exposure to conflicts between adult 
23    family members. 
24    (b) Any visitation privileges granted under this Section
    
25before the filing of a petition for adoption of the child shall 
26automatically terminate upon the child leaving the care or 
 
 
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1custody of the Department. 
2    (c) The Department may deny a request for visitation after 
3considering the criteria provided under subsection (a) in 
4addition to any other criteria the Department deems necessary. 
5If the Department denies visitation, the Department shall 
6inform the grandparent or great-grandparent of his or her right 
7to appeal the decision to deny visitation in accordance with 
8the appeals procedure established by the Department pursuant to 
9subsection (d). 
10    (d) The Department shall adopt any rules necessary to 
11implement this Section, including rules concerning the 
12procedure for appealing a decision to deny visitation 
13privileges for a non-custodial grandparent or 
14great-grandparent. 
 
15    Section 10. The Juvenile Court Act of 1987 is amended  by 
16adding Section 2-10.01 as follows:
 
17    (705 ILCS 405/2-10.01 new)
18    Sec. 2-10.01. Visitation privileges; grandparents and 
19great-grandparents.
20    (a) A court may grant  visitation privileges to a  
21non-custodial grandparent or great-grandparent of a child who 
22is in the care and custody of the Department of Children and 
23Family Services. Any visitation privileges granted under this 
24Section shall be separate and apart from any visitation 
 
 
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1privileges granted to a parent of the child. The court shall 
2consider, but shall not be limited to, the following criteria 
3in determining whether to grant visitation:
4        (1) the wishes of the child, taking into account
        the 
5    child's maturity and ability to express reasoned and 
6    independent preferences as to visitation;
7        (2) the mental and physical health of the child;
8        (3) the mental and physical health of the
grandparent 
9    or great-grandparent; 
10        (4) the length and quality of the prior
        relationship 
11    between the child and the grandparent or 
12    great-grandparent; 
13        (5) the quantity of the visitation time requested
        and 
14    the potential adverse impact that visitation would have on 
15    the child's customary activities;
16        (6) any other fact that establishes that the loss
        of 
17    the relationship between the child and the grandparent or 
18    great-grandparent is likely to unduly harm the child's 
19    mental, physical, or emotional health; and
20        (7) whether visitation can be structured in a way
        to 
21    minimize the child's exposure to conflicts between adult 
22    family members. 
23    (b) Any visitation privileges granted under this Section
    
24before the filing of a petition for adoption of the child shall 
25automatically terminate upon the child leaving the care or 
26custody of the Department of Children and Family Services. 
 
 
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1    (c) The court may deny a request for visitation after 
2considering the criteria provided under subsection (a) in 
3addition to any other criteria the Department deems necessary. 
  

 
 
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1
									INDEX
								
2
									Statutes amended in order of appearance
								
3    20 ILCS 505/35.8
4    20 ILCS 505/35.9 new
5    705 ILCS 405/2-10.01 new