Rep. Norine K. Hammond
Filed: 3/29/2016
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 5656




2    AMENDMENT NO. ______. Amend House Bill 5656 by replacing 
3everything after the enacting clause with the following:

 
 
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)
 
 
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1    Sec. 35.9. Visitation privileges; grandparents and 
2great-grandparents.
3    (a) The Department shall make reasonable efforts and 
4accommodations to provide for visitation privileges to a  
5non-custodial grandparent or great-grandparent of a child who 
6is in the care and custody of the Department. Any visitation 
7privileges provided under this Section shall be separate and 
8apart from any visitation privileges provided to a parent of 
9the child. The Department shall provide visitation privileges 
10only if doing so is in the child's best interest, taking into 
11consideration the factors set out in subsection (4.05) of 
12Section 1-3 of the Juvenile Court Act of 1987 and the following 
13additional factors:
14        (1) the mental and physical health of the
grandparent 
15    or great-grandparent; 
16        (2) the quantity of the visitation time requested
        and 
17    the potential adverse impact that visitation would have on 
18    the child's customary activities;
19        (3) any other fact that establishes that the loss
        of 
20    the relationship between the child and the grandparent or 
21    great-grandparent is likely to unduly harm the child's 
22    mental, physical, or emotional health; and
23        (4) whether visitation can be structured in a way
        to 
24    minimize the child's exposure to conflicts between adult 
25    family members. 
26    (b) Any visitation privileges provided under this Section
    
 
 
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1shall automatically terminate upon the child leaving the care 
2or custody of the Department. 
3    (c) The Department may deny a request for visitation after 
4considering the criteria provided under subsection (a) in 
5addition to any other criteria the Department deems necessary. 
6If the Department determines that a grandparent or 
7great-grandparent is inappropriate to serve as a visitation 
8resource and denies visitation, the Department shall: (i) 
9document the basis of its determination and maintain the 
10documentation in the child's case file and (ii) inform the 
11grandparent or great-grandparent of his or her right to a 
12clinical review in accordance with Department rules and 
13procedures. The Department may adopt any rules necessary to 
14implement this Section.".