94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0259

 

Introduced 1/14/2005, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Public Aid Code, the Circuit Courts Act, the Juvenile Court Act of 1987, the Illinois Marriage and Dissolution of Marriage Act, and other Acts. Provides that the chief judge of each circuit shall establish a separate family division for the circuit for the purpose of hearing all family cases. Provides that the chief judge shall designate an appropriate number of circuit judges or associate judges, or both, to serve in the family division. Provides that "family case" means an action in which the court exercises its jurisdiction under Article X of the Illinois Public Aid Code (concerning the enforcement of child support obligations), Article II, III, or IV of the Juvenile Court Act of 1987 (concerning abused, neglected, or dependent minors, minors requiring authoritative intervention, and addicted minors), the Illinois Marriage and Dissolution of Marriage Act, and other designated Acts. Provides for a right to trial by jury in family cases. (Under current law, trial by jury is expressly prohibited under the Illinois Marriage and Dissolution of Marriage Act, the Illinois Parentage Act of 1984, and the Illinois Domestic Violence Act of 1986.) Provides that the court may order parties to a family case to undergo counseling as the court deems appropriate, based on the evidence.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT in relation to courts.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Public Aid Code is amended by
5 changing Section 10-10 as follows:
 
6     (305 ILCS 5/10-10)  (from Ch. 23, par. 10-10)
7     Sec. 10-10. Court enforcement; applicability also to
8 persons who are not applicants or recipients. Except where the
9 Illinois Department, by agreement, acts for the local
10 governmental unit, as provided in Section 10-3.1, local
11 governmental units shall refer to the State's Attorney or to
12 the proper legal representative of the governmental unit, for
13 judicial enforcement as herein provided, instances of
14 non-support or insufficient support when the dependents are
15 applicants or recipients under Article VI. The Child and Spouse
16 Support Unit established by Section 10-3.1 may institute in
17 behalf of the Illinois Department any actions under this
18 Section for judicial enforcement of the support liability when
19 the dependents are (a) applicants or recipients under Articles
20 III, IV, V or VII; (b) applicants or recipients in a local
21 governmental unit when the Illinois Department, by agreement,
22 acts for the unit; or (c) non-applicants or non-recipients who
23 are receiving child support enforcement services under this
24 Article X, as provided in Section 10-1. Where the Child and
25 Spouse Support Unit has exercised its option and discretion not
26 to apply the provisions of Sections 10-3 through 10-8, the
27 failure by the Unit to apply such provisions shall not be a bar
28 to bringing an action under this Section.
29     Action shall be brought in the circuit court to obtain
30 support, or for the recovery of aid granted during the period
31 such support was not provided, or both for the obtainment of
32 support and the recovery of the aid provided. Actions for the

 

 

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1 recovery of aid may be taken separately or they may be
2 consolidated with actions to obtain support. Such actions may
3 be brought in the name of the person or persons requiring
4 support, or may be brought in the name of the Illinois
5 Department or the local governmental unit, as the case
6 requires, in behalf of such persons.
7     In accordance with the Code of Civil Procedure, in an
8 action to obtain support or for the recovery of aid, the
9 responsible relative, a person requiring support, the
10 Department of Human Services, or the local governmental unit
11 may demand a trial by jury as to the issues of fact raised in
12 the action.
13     The court may enter such orders for the payment of moneys
14 for the support of the person as may be just and equitable and
15 may direct payment thereof for such period or periods of time
16 as the circumstances require, including support for a period
17 before the date the order for support is entered. The order may
18 be entered against any or all of the defendant responsible
19 relatives and may be based upon the proportionate ability of
20 each to contribute to the person's support.
21     The Court shall determine the amount of child support
22 (including child support for a period before the date the order
23 for child support is entered) by using the guidelines and
24 standards set forth in subsection (a) of Section 505 and in
25 Section 505.2 of the Illinois Marriage and Dissolution of
26 Marriage Act. For purposes of determining the amount of child
27 support to be paid for a period before the date the order for
28 child support is entered, there is a rebuttable presumption
29 that the responsible relative's net income for that period was
30 the same as his or her net income at the time the order is
31 entered.
32     If (i) the responsible relative was properly served with a
33 request for discovery of financial information relating to the
34 responsible relative's ability to provide child support, (ii)
35 the responsible relative failed to comply with the request,
36 despite having been ordered to do so by the court, and (iii)

 

 

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1 the responsible relative is not present at the hearing to
2 determine support despite having received proper notice, then
3 any relevant financial information concerning the responsible
4 relative's ability to provide child support that was obtained
5 pursuant to subpoena and proper notice shall be admitted into
6 evidence without the need to establish any further foundation
7 for its admission.
8     An order entered under this Section shall include a
9 provision requiring the obligor to report to the obligee and to
10 the clerk of court within 10 days each time the obligor obtains
11 new employment, and each time the obligor's employment is
12 terminated for any reason. The report shall be in writing and
13 shall, in the case of new employment, include the name and
14 address of the new employer. Failure to report new employment
15 or the termination of current employment, if coupled with
16 nonpayment of support for a period in excess of 60 days, is
17 indirect criminal contempt. For any obligor arrested for
18 failure to report new employment bond shall be set in the
19 amount of the child support that should have been paid during
20 the period of unreported employment. An order entered under
21 this Section shall also include a provision requiring the
22 obligor and obligee parents to advise each other of a change in
23 residence within 5 days of the change except when the court
24 finds that the physical, mental, or emotional health of a party
25 or that of a minor child, or both, would be seriously
26 endangered by disclosure of the party's address.
27     The Court shall determine the amount of maintenance using
28 the standards set forth in Section 504 of the Illinois Marriage
29 and Dissolution of Marriage Act.
30     Any new or existing support order entered by the court
31 under this Section shall be deemed to be a series of judgments
32 against the person obligated to pay support thereunder, each
33 such judgment to be in the amount of each payment or
34 installment of support and each such judgment to be deemed
35 entered as of the date the corresponding payment or installment
36 becomes due under the terms of the support order. Each such

 

 

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1 judgment shall have the full force, effect and attributes of
2 any other judgment of this State, including the ability to be
3 enforced. Any such judgment is subject to modification or
4 termination only in accordance with Section 510 of the Illinois
5 Marriage and Dissolution of Marriage Act. A lien arises by
6 operation of law against the real and personal property of the
7 noncustodial parent for each installment of overdue support
8 owed by the noncustodial parent.
9     In an action to obtain support or for the recovery of aid,
10 the court at any time may order the responsible relative or a
11 person requiring support to undergo counseling as the court
12 deems appropriate, based on the evidence, for the purpose of
13 ensuring the payment of any required support or recovered aid.
14     When an order is entered for the support of a minor, the
15 court may provide therein for reasonable visitation of the
16 minor by the person or persons who provided support pursuant to
17 the order. Whoever willfully refuses to comply with such
18 visitation order or willfully interferes with its enforcement
19 may be declared in contempt of court and punished therefor.
20     Except where the local governmental unit has entered into
21 an agreement with the Illinois Department for the Child and
22 Spouse Support Unit to act for it, as provided in Section
23 10-3.1, support orders entered by the court in cases involving
24 applicants or recipients under Article VI shall provide that
25 payments thereunder be made directly to the local governmental
26 unit. Orders for the support of all other applicants or
27 recipients shall provide that payments thereunder be made
28 directly to the Illinois Department. In accordance with federal
29 law and regulations, the Illinois Department may continue to
30 collect current maintenance payments or child support
31 payments, or both, after those persons cease to receive public
32 assistance and until termination of services under Article X.
33 The Illinois Department shall pay the net amount collected to
34 those persons after deducting any costs incurred in making the
35 collection or any collection fee from the amount of any
36 recovery made. In both cases the order shall permit the local

 

 

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1 governmental unit or the Illinois Department, as the case may
2 be, to direct the responsible relative or relatives to make
3 support payments directly to the needy person, or to some
4 person or agency in his behalf, upon removal of the person from
5 the public aid rolls or upon termination of services under
6 Article X.
7     If the notice of support due issued pursuant to Section
8 10-7 directs that support payments be made directly to the
9 needy person, or to some person or agency in his behalf, and
10 the recipient is removed from the public aid rolls, court
11 action may be taken against the responsible relative hereunder
12 if he fails to furnish support in accordance with the terms of
13 such notice.
14     Actions may also be brought under this Section in behalf of
15 any person who is in need of support from responsible
16 relatives, as defined in Section 2-11 of Article II who is not
17 an applicant for or recipient of financial aid under this Code.
18 In such instances, the State's Attorney of the county in which
19 such person resides shall bring action against the responsible
20 relatives hereunder. If the Illinois Department, as authorized
21 by Section 10-1, extends the child support enforcement services
22 provided by this Article to spouses and dependent children who
23 are not applicants or recipients under this Code, the Child and
24 Spouse Support Unit established by Section 10-3.1 shall bring
25 action against the responsible relatives hereunder and any
26 support orders entered by the court in such cases shall provide
27 that payments thereunder be made directly to the Illinois
28 Department.
29     Whenever it is determined in a proceeding to establish or
30 enforce a child support or maintenance obligation that the
31 person owing a duty of support is unemployed, the court may
32 order the person to seek employment and report periodically to
33 the court with a diary, listing or other memorandum of his or
34 her efforts in accordance with such order. Additionally, the
35 court may order the unemployed person to report to the
36 Department of Employment Security for job search services or to

 

 

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1 make application with the local Job Training Partnership Act
2 provider for participation in job search, training or work
3 programs and where the duty of support is owed to a child
4 receiving child support enforcement services under this
5 Article X, the court may order the unemployed person to report
6 to the Illinois Department for participation in job search,
7 training or work programs established under Section 9-6 and
8 Article IXA of this Code.
9     Whenever it is determined that a person owes past-due
10 support for a child receiving assistance under this Code, the
11 court shall order at the request of the Illinois Department:
12         (1) that the person pay the past-due support in
13     accordance with a plan approved by the court; or
14         (2) if the person owing past-due support is unemployed,
15     is subject to such a plan, and is not incapacitated, that
16     the person participate in such job search, training, or
17     work programs established under Section 9-6 and Article IXA
18     of this Code as the court deems appropriate.
19     A determination under this Section shall not be
20 administratively reviewable by the procedures specified in
21 Sections 10-12, and 10-13 to 10-13.10. Any determination under
22 these Sections, if made the basis of court action under this
23 Section, shall not affect the de novo judicial determination
24 required under this Section.
25     A one-time charge of 20% is imposable upon the amount of
26 past-due child support owed on July 1, 1988 which has accrued
27 under a support order entered by the court. The charge shall be
28 imposed in accordance with the provisions of Section 10-21 of
29 this Code and shall be enforced by the court upon petition.
30     All orders for support, when entered or modified, shall
31 include a provision requiring the non-custodial parent to
32 notify the court and, in cases in which a party is receiving
33 child support enforcement services under this Article X, the
34 Illinois Department, within 7 days, (i) of the name, address,
35 and telephone number of any new employer of the non-custodial
36 parent, (ii) whether the non-custodial parent has access to

 

 

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1 health insurance coverage through the employer or other group
2 coverage and, if so, the policy name and number and the names
3 of persons covered under the policy, and (iii) of any new
4 residential or mailing address or telephone number of the
5 non-custodial parent. In any subsequent action to enforce a
6 support order, upon a sufficient showing that a diligent effort
7 has been made to ascertain the location of the non-custodial
8 parent, service of process or provision of notice necessary in
9 the case may be made at the last known address of the
10 non-custodial parent in any manner expressly provided by the
11 Code of Civil Procedure or this Code, which service shall be
12 sufficient for purposes of due process.
13     An order for support shall include a date on which the
14 current support obligation terminates. The termination date
15 shall be no earlier than the date on which the child covered by
16 the order will attain the age of 18. However, if the child will
17 not graduate from high school until after attaining the age of
18 18, then the termination date shall be no earlier than the
19 earlier of the date on which the child's high school graduation
20 will occur or the date on which the child will attain the age
21 of 19. The order for support shall state that the termination
22 date does not apply to any arrearage that may remain unpaid on
23 that date. Nothing in this paragraph shall be construed to
24 prevent the court from modifying the order or terminating the
25 order in the event the child is otherwise emancipated.
26     Upon notification in writing or by electronic transmission
27 from the Illinois Department to the clerk of the court that a
28 person who is receiving support payments under this Section is
29 receiving services under the Child Support Enforcement Program
30 established by Title IV-D of the Social Security Act, any
31 support payments subsequently received by the clerk of the
32 court shall be transmitted in accordance with the instructions
33 of the Illinois Department until the Illinois Department gives
34 notice to the clerk of the court to cease the transmittal.
35 After providing the notification authorized under this
36 paragraph, the Illinois Department shall be entitled as a party

 

 

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1 to notice of any further proceedings in the case. The clerk of
2 the court shall file a copy of the Illinois Department's
3 notification in the court file. The clerk's failure to file a
4 copy of the notification in the court file shall not, however,
5 affect the Illinois Department's right to receive notice of
6 further proceedings.
7     Payments under this Section to the Illinois Department
8 pursuant to the Child Support Enforcement Program established
9 by Title IV-D of the Social Security Act shall be paid into the
10 Child Support Enforcement Trust Fund. All payments under this
11 Section to the Illinois Department of Human Services shall be
12 deposited in the DHS Recoveries Trust Fund. Disbursements from
13 these funds shall be as provided in Sections 12-9.1 and 12-10.2
14 of this Code. Payments received by a local governmental unit
15 shall be deposited in that unit's General Assistance Fund.
16     To the extent the provisions of this Section are
17 inconsistent with the requirements pertaining to the State
18 Disbursement Unit under Sections 10-10.4 and 10-26 of this
19 Code, the requirements pertaining to the State Disbursement
20 Unit shall apply.
21 (Source: P.A. 92-16, eff. 6-28-01; 92-590, eff. 7-1-02; 92-876,
22 eff. 6-1-03; revised 9-27-03.)
 
23     Section 10. The Circuit Courts Act is amended by adding
24 Section 4.4 as follows:
 
25     (705 ILCS 35/4.4 new)
26     Sec. 4.4. Family Division.
27     (a) In this Section, "family case" means an action in which
28 the court exercises its jurisdiction under any of the
29 following:
30         (1) Article X of the Illinois Public Aid Code.
31         (2) Article II, III, or IV of the Juvenile Court Act of
32     1987.
33         (3) Article 112A of the Code of Criminal Procedure of
34     1963.

 

 

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1         (4) The Illinois Marriage and Dissolution of Marriage
2     Act.
3         (5) The Illinois Uniform Premarital Agreement Act.
4         (6) The Uniform Interstate Family Support Act.
5         (7) The Income Withholding for Support Act.
6         (8) The Emancipation of Minors Act.
7         (9) The Uniform Child-Custody Jurisdiction and
8     Enforcement Act.
9         (10) The Illinois Parentage Act.
10         (11) The Illinois Parentage Act of 1984.
11         (12) The Gestational Surrogacy Act.
12         (13) The Adoption Act.
13         (14) The Illinois Domestic Violence Act of 1986.
14         (15) The Rights of Married Persons Act.
15     (b) The chief judge of each circuit shall establish a
16 separate family division for the circuit. In each circuit,
17 every hearing or other proceeding in a family case shall be
18 assigned to the family division.
19     (c) The chief judge of each circuit shall designate an
20 appropriate number of circuit judges or associate judges, or
21 both, to serve in the family division.
22     (d) This Section applies to all family cases pending on the
23 effective date of this amendatory Act of the 94th General
24 Assembly or commenced on or after that date.
 
25     Section 15. The Juvenile Court Act of 1987 is amended by
26 changing Sections 1-5, 2-20, 2-23, 3-21, 3-24, 4-18, and 4-21
27 as follows:
 
28     (705 ILCS 405/1-5)  (from Ch. 37, par. 801-5)
29     Sec. 1-5. Rights of parties to proceedings.
30     (1) Except as provided in this Section and paragraph (2) of
31 Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is the
32 subject of the proceeding and his parents, guardian, legal
33 custodian or responsible relative who are parties respondent
34 have the right to be present, to be heard, to present evidence

 

 

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1 material to the proceedings, to cross-examine witnesses, to
2 examine pertinent court files and records and also, although
3 proceedings under this Act are not intended to be adversary in
4 character, the right to be represented by counsel. At the
5 request of any party financially unable to employ counsel, with
6 the exception of a foster parent permitted to intervene under
7 this Section, the court shall appoint the Public Defender or
8 such other counsel as the case may require. Counsel appointed
9 for the minor and any indigent party shall appear at all stages
10 of the trial court proceeding, and such appointment shall
11 continue through the permanency hearings and termination of
12 parental rights proceedings subject to withdrawal or
13 substitution pursuant to Supreme Court Rules or the Code of
14 Civil Procedure. Following the dispositional hearing, the
15 court may require appointed counsel, other than counsel for the
16 minor or counsel for the guardian ad litem, to withdraw his or
17 her appearance upon failure of the party for whom counsel was
18 appointed under this Section to attend any subsequent
19 proceedings.
20     No hearing on any petition or motion filed under this Act
21 may be commenced unless the minor who is the subject of the
22 proceeding is represented by counsel. Notwithstanding the
23 preceding sentence, if a guardian ad litem has been appointed
24 for the minor under Section 2-17 of this Act and the guardian
25 ad litem is a licensed attorney at law of this State, or in the
26 event that a court appointed special advocate has been
27 appointed as guardian ad litem and counsel has been appointed
28 to represent the court appointed special advocate, the court
29 may not require the appointment of counsel to represent the
30 minor unless the court finds that the minor's interests are in
31 conflict with what the guardian ad litem determines to be in
32 the best interest of the minor. Each adult respondent shall be
33 furnished a written "Notice of Rights" at or before the first
34 hearing at which he or she appears.
35     (1.5) The Department shall maintain a system of response to
36 inquiry made by parents or putative parents as to whether their

 

 

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1 child is under the custody or guardianship of the Department;
2 and if so, the Department shall direct the parents or putative
3 parents to the appropriate court of jurisdiction, including
4 where inquiry may be made of the clerk of the court regarding
5 the case number and the next scheduled court date of the
6 minor's case. Effective notice and the means of accessing
7 information shall be given to the public on a continuing basis
8 by the Department.
9     (2) (a) Though not appointed guardian or legal custodian or
10 otherwise made a party to the proceeding, any current or
11 previously appointed foster parent or relative caregiver, or
12 representative of an agency or association interested in the
13 minor has the right to be heard by the court, but does not
14 thereby become a party to the proceeding.
15     In addition to the foregoing right to be heard by the
16 court, any current foster parent or relative caregiver of a
17 minor and the agency designated by the court or the Department
18 of Children and Family Services as custodian of the minor who
19 is alleged to be or has been adjudicated an abused or neglected
20 minor under Section 2-3 or a dependent minor under Section 2-4
21 of this Act has the right to and shall be given adequate notice
22 at all stages of any hearing or proceeding under this Act.
23     Any foster parent or relative caregiver who is denied his
24 or her right to be heard under this Section may bring a
25 mandamus action under Article XIV of the Code of Civil
26 Procedure against the court or any public agency to enforce
27 that right. The mandamus action may be brought immediately upon
28 the denial of those rights but in no event later than 30 days
29 after the foster parent has been denied the right to be heard.
30     (b) If after an adjudication that a minor is abused or
31 neglected as provided under Section 2-21 of this Act and a
32 motion has been made to restore the minor to any parent,
33 guardian, or legal custodian found by the court to have caused
34 the neglect or to have inflicted the abuse on the minor, a
35 foster parent may file a motion to intervene in the proceeding
36 for the sole purpose of requesting that the minor be placed

 

 

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1 with the foster parent, provided that the foster parent (i) is
2 the current foster parent of the minor or (ii) has previously
3 been a foster parent for the minor for one year or more, has a
4 foster care license or is eligible for a license, and is not
5 the subject of any findings of abuse or neglect of any child.
6 The juvenile court may only enter orders placing a minor with a
7 specific foster parent under this subsection (2)(b) and nothing
8 in this Section shall be construed to confer any jurisdiction
9 or authority on the juvenile court to issue any other orders
10 requiring the appointed guardian or custodian of a minor to
11 place the minor in a designated foster home or facility. This
12 Section is not intended to encompass any matters that are
13 within the scope or determinable under the administrative and
14 appeal process established by rules of the Department of
15 Children and Family Services under Section 5(o) of the Children
16 and Family Services Act. Nothing in this Section shall relieve
17 the court of its responsibility, under Section 2-14(a) of this
18 Act to act in a just and speedy manner to reunify families
19 where it is the best interests of the minor and the child can
20 be cared for at home without endangering the child's health or
21 safety and, if reunification is not in the best interests of
22 the minor, to find another permanent home for the minor.
23 Nothing in this Section, or in any order issued by the court
24 with respect to the placement of a minor with a foster parent,
25 shall impair the ability of the Department of Children and
26 Family Services, or anyone else authorized under Section 5 of
27 the Abused and Neglected Child Reporting Act, to remove a minor
28 from the home of a foster parent if the Department of Children
29 and Family Services or the person removing the minor has reason
30 to believe that the circumstances or conditions of the minor
31 are such that continuing in the residence or care of the foster
32 parent will jeopardize the child's health and safety or present
33 an imminent risk of harm to that minor's life.
34     (c) If a foster parent has had the minor who is the subject
35 of the proceeding under Article II in his or her home for more
36 than one year on or after July 3, 1994 and if the minor's

 

 

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1 placement is being terminated from that foster parent's home,
2 that foster parent shall have standing and intervenor status
3 except in those circumstances where the Department of Children
4 and Family Services or anyone else authorized under Section 5
5 of the Abused and Neglected Child Reporting Act has removed the
6 minor from the foster parent because of a reasonable belief
7 that the circumstances or conditions of the minor are such that
8 continuing in the residence or care of the foster parent will
9 jeopardize the child's health or safety or presents an imminent
10 risk of harm to the minor's life.
11     (d) The court may grant standing to any foster parent if
12 the court finds that it is in the best interest of the child
13 for the foster parent to have standing and intervenor status.
14     (3) Parties respondent are entitled to notice in compliance
15 with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14 and 4-15 or
16 5-525 and 5-530, as appropriate. At the first appearance before
17 the court by the minor, his parents, guardian, custodian or
18 responsible relative, the court shall explain the nature of the
19 proceedings and inform the parties of their rights under the
20 first 2 paragraphs of this Section.
21     If the child is alleged to be abused, neglected or
22 dependent, the court shall admonish the parents that if the
23 court declares the child to be a ward of the court and awards
24 custody or guardianship to the Department of Children and
25 Family Services, the parents must cooperate with the Department
26 of Children and Family Services, comply with the terms of the
27 service plans, and correct the conditions that require the
28 child to be in care, or risk termination of their parental
29 rights.
30     Upon an adjudication of wardship of the court under
31 Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform the
32 parties of their right to appeal therefrom as well as from any
33 other final judgment of the court.
34     When the court finds that a child is an abused, neglected,
35 or dependent minor under Section 2-21, the court shall admonish
36 the parents that the parents must cooperate with the Department

 

 

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1 of Children and Family Services, comply with the terms of the
2 service plans, and correct the conditions that require the
3 child to be in care, or risk termination of their parental
4 rights.
5     When the court declares a child to be a ward of the court
6 and awards guardianship to the Department of Children and
7 Family Services under Section 2-22, the court shall admonish
8 the parents, guardian, custodian, or responsible relative that
9 the parents must cooperate with the Department of Children and
10 Family Services, comply with the terms of the service plans,
11 and correct the conditions that require the child to be in
12 care, or risk termination of their parental rights.
13     (4) No sanction may be applied against the minor who is the
14 subject of the proceedings by reason of his refusal or failure
15 to testify in the course of any hearing held prior to final
16 adjudication under Section 2-22, 3-23, 4-20 or 5-705.
17     (5) In the discretion of the court, the minor may be
18 excluded from any part or parts of a dispositional hearing and,
19 with the consent of the parent or parents, guardian, counsel or
20 a guardian ad litem, from any part or parts of an adjudicatory
21 hearing.
22     (6) The general public except for the news media and the
23 victim shall be excluded from any hearing and, except for the
24 persons specified in this Section only persons, including
25 representatives of agencies and associations, who in the
26 opinion of the court have a direct interest in the case or in
27 the work of the court shall be admitted to the hearing.
28 However, the court may, for the minor's safety and protection
29 and for good cause shown, prohibit any person or agency present
30 in court from further disclosing the minor's identity. Nothing
31 in this subsection (6) prevents the court from allowing other
32 juveniles to be present or to participate in a court session
33 being held under the Juvenile Drug Court Treatment Act.
34     (7) A party shall not be entitled to exercise the right to
35 a substitution of a judge without cause under subdivision
36 (a)(2) of Section 2-1001 of the Code of Civil Procedure in a

 

 

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1 proceeding under this Act if the judge is currently assigned to
2 a proceeding involving the alleged abuse, neglect, or
3 dependency of the minor's sibling or half sibling and that
4 judge has made a substantive ruling in the proceeding involving
5 the minor's sibling or half sibling.
6     (8) In accordance with the Code of Civil Procedure, a party
7 may demand a trial by jury as to the issues of fact raised in
8 any of the following proceedings:
9         (a) An adjudicatory hearing under Section 2-21, 3-22,
10     or 4-19.
11         (b) A dispositional hearing under Section 2-22, 3-23,
12     or 4-20.
13         (c) A proceeding for termination of parental rights
14     under Section 2-29, 3-30, or 4-27.
15 (Source: P.A. 92-559, eff. 1-1-03; 93-539, eff. 8-18-03.)
 
16     (705 ILCS 405/2-20)  (from Ch. 37, par. 802-20)
17     Sec. 2-20. Continuance under supervision.
18     (1) The court may enter an order of continuance under
19 supervision (a) upon an admission or stipulation by the
20 appropriate respondent or minor respondent of the facts
21 supporting the petition and before proceeding to findings and
22 adjudication, or after hearing the evidence at the adjudicatory
23 hearing but before noting in the minutes of proceeding a
24 finding of whether or not the minor is abused, neglected or
25 dependent; and (b) in the absence of objection made in open
26 court by the minor, his parent, guardian, custodian,
27 responsible relative, defense attorney or the State's
28 Attorney.
29     (2) If the minor, his parent, guardian, custodian,
30 responsible relative, defense attorney or the State's
31 Attorney, objects in open court to any such continuance and
32 insists upon proceeding to findings and adjudication, the court
33 shall so proceed.
34     (3) Nothing in this Section limits the power of the court
35 to order a continuance of the hearing for the production of

 

 

HB0259 - 16 - LRB094 04966 DRJ 34996 b

1 additional evidence or for any other proper reason.
2     (4) When a hearing where a minor is alleged to be abused,
3 neglected or dependent is continued pursuant to this Section,
4 the court may permit the minor to remain in his home if the
5 court determines and makes written factual findings that the
6 minor can be cared for at home when consistent with the minor's
7 health, safety, and best interests, subject to such conditions
8 concerning his conduct and supervision as the court may require
9 by order.
10     (4.5) As a condition of supervision under this Section, the
11 court may order the minor or the minor's parent, guardian,
12 custodian, or other responsible relative to undergo counseling
13 as the court deems appropriate, based on the evidence, in order
14 to achieve the purposes of this Act.
15     (5) If a petition is filed charging a violation of a
16 condition of the continuance under supervision, the court shall
17 conduct a hearing. If the court finds that such condition of
18 supervision has not been fulfilled the court may proceed to
19 findings and adjudication and disposition. The filing of a
20 petition for violation of a condition of the continuance under
21 supervision shall toll the period of continuance under
22 supervision until the final determination of the charge, and
23 the term of the continuance under supervision shall not run
24 until the hearing and disposition of the petition for
25 violation; provided where the petition alleges conduct that
26 does not constitute a criminal offense, the hearing must be
27 held within 15 days of the filing of the petition unless a
28 delay in such hearing has been occasioned by the minor, in
29 which case the delay shall continue the tolling of the period
30 of continuance under supervision for the period of such delay.
31 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
 
32     (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
33     Sec. 2-23. Kinds of dispositional orders.
34     (1) The following kinds of orders of disposition may be
35 made in respect of wards of the court:

 

 

HB0259 - 17 - LRB094 04966 DRJ 34996 b

1         (a) A minor under 18 years of age found to be neglected
2     or abused under Section 2-3 or dependent under Section 2-4
3     may be (1) continued in the custody of his or her parents,
4     guardian or legal custodian; (2) placed in accordance with
5     Section 2-27; (3) restored to the custody of the parent,
6     parents, guardian, or legal custodian, provided the court
7     shall order the parent, parents, guardian, or legal
8     custodian to cooperate with the Department of Children and
9     Family Services and comply with the terms of an after-care
10     plan or risk the loss of custody of the child and the
11     possible termination of their parental rights; or (4)
12     ordered partially or completely emancipated in accordance
13     with the provisions of the Emancipation of Mature Minors
14     Act.
15         However, in any case in which a minor is found by the
16     court to be neglected or abused under Section 2-3 of this
17     Act, custody of the minor shall not be restored to any
18     parent, guardian or legal custodian whose acts or omissions
19     or both have been identified, pursuant to subsection (1) of
20     Section 2-21, as forming the basis for the court's finding
21     of abuse or neglect, until such time as a hearing is held
22     on the issue of the best interests of the minor and the
23     fitness of such parent, guardian or legal custodian to care
24     for the minor without endangering the minor's health or
25     safety, and the court enters an order that such parent,
26     guardian or legal custodian is fit to care for the minor.
27         (b) A minor under 18 years of age found to be dependent
28     under Section 2-4 may be (1) placed in accordance with
29     Section 2-27 or (2) ordered partially or completely
30     emancipated in accordance with the provisions of the
31     Emancipation of Mature Minors Act.
32         However, in any case in which a minor is found by the
33     court to be dependent under Section 2-4 of this Act,
34     custody of the minor shall not be restored to any parent,
35     guardian or legal custodian whose acts or omissions or both
36     have been identified, pursuant to subsection (1) of Section

 

 

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1     2-21, as forming the basis for the court's finding of
2     dependency, until such time as a hearing is held on the
3     issue of the fitness of such parent, guardian or legal
4     custodian to care for the minor without endangering the
5     minor's health or safety, and the court enters an order
6     that such parent, guardian or legal custodian is fit to
7     care for the minor.
8         (c) When the court awards guardianship to the
9     Department of Children and Family Services, the court shall
10     order the parents to cooperate with the Department of
11     Children and Family Services, comply with the terms of the
12     service plans, and correct the conditions that require the
13     child to be in care, or risk termination of their parental
14     rights.
15     (2) Any order of disposition may provide for protective
16 supervision under Section 2-24 and may include an order of
17 protection under Section 2-25.
18     Unless the order of disposition expressly so provides, it
19 does not operate to close proceedings on the pending petition,
20 but is subject to modification, not inconsistent with Section
21 2-28, until final closing and discharge of the proceedings
22 under Section 2-31.
23     (3) The court also shall enter any other orders necessary
24 to fulfill the service plan, including, but not limited to, (i)
25 orders requiring parties to cooperate with services, (ii)
26 restraining orders controlling the conduct of any party likely
27 to frustrate the achievement of the goal, and (iii) visiting
28 orders. Unless otherwise specifically authorized by law, the
29 court is not empowered under this subsection (3) to order
30 specific placements, specific services, or specific service
31 providers to be included in the plan. If the court concludes
32 that the Department of Children and Family Services has abused
33 its discretion in setting the current service plan or
34 permanency goal for the minor, the court shall enter specific
35 findings in writing based on the evidence and shall enter an
36 order for the Department to develop and implement a new

 

 

HB0259 - 19 - LRB094 04966 DRJ 34996 b

1 permanency goal and service plan consistent with the court's
2 findings. The new service plan shall be filed with the court
3 and served on all parties. The court shall continue the matter
4 until the new service plan is filed.
5     (3.5) In addition to any other order of disposition, the
6 court may order the minor or the minor's parent, guardian,
7 custodian, or other responsible relative to undergo counseling
8 as the court deems appropriate, based on the evidence, in order
9 to achieve the purposes of this Act.
10     (4) In addition to any other order of disposition, the
11 court may order any minor adjudicated neglected with respect to
12 his or her own injurious behavior to make restitution, in
13 monetary or non-monetary form, under the terms and conditions
14 of Section 5-5-6 of the Unified Code of Corrections, except
15 that the "presentence hearing" referred to therein shall be the
16 dispositional hearing for purposes of this Section. The parent,
17 guardian or legal custodian of the minor may pay some or all of
18 such restitution on the minor's behalf.
19     (5) Any order for disposition where the minor is committed
20 or placed in accordance with Section 2-27 shall provide for the
21 parents or guardian of the estate of such minor to pay to the
22 legal custodian or guardian of the person of the minor such
23 sums as are determined by the custodian or guardian of the
24 person of the minor as necessary for the minor's needs. Such
25 payments may not exceed the maximum amounts provided for by
26 Section 9.1 of the Children and Family Services Act.
27     (6) Whenever the order of disposition requires the minor to
28 attend school or participate in a program of training, the
29 truant officer or designated school official shall regularly
30 report to the court if the minor is a chronic or habitual
31 truant under Section 26-2a of the School Code.
32     (7) The court may terminate the parental rights of a parent
33 at the initial dispositional hearing if all of the conditions
34 in subsection (5) of Section 2-21 are met.
35 (Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95; 90-27,
36 eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98; 90-655,

 

 

HB0259 - 20 - LRB094 04966 DRJ 34996 b

1 eff. 7-30-98; revised 10-9-03.)
 
2     (705 ILCS 405/3-21)  (from Ch. 37, par. 803-21)
3     Sec. 3-21. Continuance under supervision.
4     (1) The court may enter an order of continuance under
5 supervision (a) upon an admission or stipulation by the
6 appropriate respondent or minor respondent of the facts
7 supporting the petition and before proceeding to findings and
8 adjudication, or after hearing the evidence at the adjudicatory
9 hearing but before noting in the minutes of proceedings a
10 finding of whether or not the minor is a person requiring
11 authoritative intervention; and (b) in the absence of objection
12 made in open court by the minor, his parent, guardian,
13 custodian, responsible relative, defense attorney or the
14 State's Attorney.
15     (2) If the minor, his parent, guardian, custodian,
16 responsible relative, defense attorney or State's Attorney,
17 objects in open court to any such continuance and insists upon
18 proceeding to findings and adjudication, the court shall so
19 proceed.
20     (3) Nothing in this Section limits the power of the court
21 to order a continuance of the hearing for the production of
22 additional evidence or for any other proper reason.
23     (4) When a hearing where a minor is alleged to be a minor
24 requiring authoritative intervention is continued pursuant to
25 this Section, the court may permit the minor to remain in his
26 home subject to such conditions concerning his conduct and
27 supervision as the court may require by order.
28     (4.5) As a condition of supervision under this Section, the
29 court may order the minor or the minor's parent, guardian,
30 custodian, or other responsible relative to undergo counseling
31 as the court deems appropriate, based on the evidence, in order
32 to achieve the purposes of this Act.
33     (5) If a petition is filed charging a violation of a
34 condition of the continuance under supervision, the court shall
35 conduct a hearing. If the court finds that such condition of

 

 

HB0259 - 21 - LRB094 04966 DRJ 34996 b

1 supervision has not been fulfilled the court may proceed to
2 findings and adjudication and disposition. The filing of a
3 petition for violation of a condition of the continuance under
4 supervision shall toll the period of continuance under
5 supervision until the final determination of the charge, and
6 the term of the continuance under supervision shall not run
7 until the hearing and disposition of the petition for
8 violation; provided where the petition alleges conduct that
9 does not constitute a criminal offense, the hearing must be
10 held within 15 days of the filing of the petition unless a
11 delay in such hearing has been occasioned by the minor, in
12 which case the delay shall continue the tolling of the period
13 of continuance under supervision for the period of such delay.
14     (6) The court must impose upon a minor under an order of
15 continuance under supervision or an order of disposition under
16 this Article III, as a condition of the order, a fee of $25 for
17 each month or partial month of supervision with a probation
18 officer. If the court determines the inability of the minor, or
19 the parent, guardian, or legal custodian of the minor to pay
20 the fee, the court may impose a lesser fee. The court may not
21 impose the fee on a minor who is made a ward of the State under
22 this Act. The fee may be imposed only upon a minor who is
23 actively supervised by the probation and court services
24 department. The fee must be collected by the clerk of the
25 circuit court. The clerk of the circuit court must pay all
26 monies collected from this fee to the county treasurer for
27 deposit into the probation and court services fund under
28 Section 15.1 of the Probation and Probation Officers Act.
29 (Source: P.A. 92-329, eff. 8-9-01.)
 
30     (705 ILCS 405/3-24)  (from Ch. 37, par. 803-24)
31     Sec. 3-24. Kinds of dispositional orders.
32     (1) The following kinds of orders of disposition may be
33 made in respect to wards of the court: A minor found to be
34 requiring authoritative intervention under Section 3-3 may be
35 (a) committed to the Department of Children and Family

 

 

HB0259 - 22 - LRB094 04966 DRJ 34996 b

1 Services, subject to Section 5 of the Children and Family
2 Services Act; (b) placed under supervision and released to his
3 or her parents, guardian or legal custodian; (c) placed in
4 accordance with Section 3-28 with or without also being placed
5 under supervision. Conditions of supervision may be modified or
6 terminated by the court if it deems that the best interests of
7 the minor and the public will be served thereby; (d) ordered
8 partially or completely emancipated in accordance with the
9 provisions of the Emancipation of Mature Minors Act; or (e)
10 subject to having his or her driver's license or driving
11 privilege suspended for such time as determined by the Court
12 but only until he or she attains 18 years of age.
13     (2) Any order of disposition may provide for protective
14 supervision under Section 3-25 and may include an order of
15 protection under Section 3-26.
16     (3) Unless the order of disposition expressly so provides,
17 it does not operate to close proceedings on the pending
18 petition, but is subject to modification until final closing
19 and discharge of the proceedings under Section 3-32.
20     (3.5) In addition to any other order of disposition, the
21 court may order the minor or the minor's parent, guardian,
22 custodian, or other responsible relative to undergo counseling
23 as the court deems appropriate, based on the evidence, in order
24 to achieve the purposes of this Act.
25     (4) In addition to any other order of disposition, the
26 court may order any person found to be a minor requiring
27 authoritative intervention under Section 3-3 to make
28 restitution, in monetary or non-monetary form, under the terms
29 and conditions of Section 5-5-6 of the Unified Code of
30 Corrections, except that the "presentence hearing" referred to
31 therein shall be the dispositional hearing for purposes of this
32 Section. The parent, guardian or legal custodian of the minor
33 may pay some or all of such restitution on the minor's behalf.
34     (5) Any order for disposition where the minor is committed
35 or placed in accordance with Section 3-28 shall provide for the
36 parents or guardian of the estate of such minor to pay to the

 

 

HB0259 - 23 - LRB094 04966 DRJ 34996 b

1 legal custodian or guardian of the person of the minor such
2 sums as are determined by the custodian or guardian of the
3 person of the minor as necessary for the minor's needs. Such
4 payments may not exceed the maximum amounts provided for by
5 Section 9.1 of the Children and Family Services Act.
6     (6) Whenever the order of disposition requires the minor to
7 attend school or participate in a program of training, the
8 truant officer or designated school official shall regularly
9 report to the court if the minor is a chronic or habitual
10 truant under Section 26-2a of the School Code.
11     (7) The court must impose upon a minor under an order of
12 continuance under supervision or an order of disposition under
13 this Article III, as a condition of the order, a fee of $25 for
14 each month or partial month of supervision with a probation
15 officer. If the court determines the inability of the minor, or
16 the parent, guardian, or legal custodian of the minor to pay
17 the fee, the court may impose a lesser fee. The court may not
18 impose the fee on a minor who is made a ward of the State under
19 this Act. The fee may be imposed only upon a minor who is
20 actively supervised by the probation and court services
21 department. The fee must be collected by the clerk of the
22 circuit court. The clerk of the circuit court must pay all
23 monies collected from this fee to the county treasurer for
24 deposit into the probation and court services fund under
25 Section 15.1 of the Probation and Probation Officers Act.
26 (Source: P.A. 92-329, eff. 8-9-01; revised 10-9-03.)
 
27     (705 ILCS 405/4-18)  (from Ch. 37, par. 804-18)
28     Sec. 4-18. Continuance under supervision.
29     (1) The court may enter an order of continuance under
30 supervision (a) upon an admission or stipulation by the
31 appropriate respondent or minor respondent of the facts
32 supporting the petition and before proceeding to findings and
33 adjudication, or after hearing the evidence at the adjudicatory
34 hearing but before noting in the minutes of the proceeding a
35 finding of whether or not the minor is an addict, and (b) in

 

 

HB0259 - 24 - LRB094 04966 DRJ 34996 b

1 the absence of objection made in open court by the minor, his
2 parent, guardian, custodian, responsible relative, defense
3 attorney or the State's Attorney.
4     (2) If the minor, his parent, guardian, custodian,
5 responsible relative, defense attorney or State's Attorney,
6 objects in open court to any such continuance and insists upon
7 proceeding to findings and adjudication, the court shall so
8 proceed.
9     (3) Nothing in this Section limits the power of the court
10 to order a continuance of the hearing for the production of
11 additional evidence or for any other proper reason.
12     (4) When a hearing is continued pursuant to this Section,
13 the court may permit the minor to remain in his home subject to
14 such conditions concerning his conduct and supervision as the
15 court may require by order.
16     (4.5) As a condition of supervision under this Section, the
17 court may order the minor or the minor's parent, guardian,
18 custodian, or other responsible relative to undergo counseling
19 as the court deems appropriate, based on the evidence, in order
20 to achieve the purposes of this Act.
21     (5) If a petition is filed charging a violation of a
22 condition of the continuance under supervision, the court shall
23 conduct a hearing. If the court finds that such condition of
24 supervision has not been fulfilled the court may proceed to
25 findings and adjudication and disposition. The filing of a
26 petition for violation of a condition of the continuance under
27 supervision shall toll the period of continuance under
28 supervision until the final determination of the charge, and
29 the term of the continuance under supervision shall not run
30 until the hearing and disposition of the petition for
31 violation; provided where the petition alleges conduct that
32 does not constitute a criminal offense, the hearing must be
33 held within 15 days of the filing of the petition unless a
34 delay in such hearing has been occasioned by the minor, in
35 which case the delay shall continue the tolling of the period
36 of continuance under supervision for the period of such delay.

 

 

HB0259 - 25 - LRB094 04966 DRJ 34996 b

1     (6) The court must impose upon a minor under an order of
2 continuance under supervision or an order of disposition under
3 this Article IV, as a condition of the order, a fee of $25 for
4 each month or partial month of supervision with a probation
5 officer. If the court determines the inability of the minor, or
6 the parent, guardian, or legal custodian of the minor to pay
7 the fee, the court may impose a lesser fee. The court may not
8 impose the fee on a minor who is made a ward of the State under
9 this Act. The fee may be imposed only upon a minor who is
10 actively supervised by the probation and court services
11 department. The fee must be collected by the clerk of the
12 circuit court. The clerk of the circuit court must pay all
13 monies collected from this fee to the county treasurer for
14 deposit into the probation and court services fund under
15 Section 15.1 of the Probation and Probation Officers Act.
16 (Source: P.A. 92-329, eff. 8-9-01.)
 
17     (705 ILCS 405/4-21)  (from Ch. 37, par. 804-21)
18     Sec. 4-21. Kinds of dispositional orders.
19     (1) A minor found to be addicted under Section 4-3 may be
20 (a) committed to the Department of Children and Family
21 Services, subject to Section 5 of the Children and Family
22 Services Act; (b) placed under supervision and released to his
23 or her parents, guardian or legal custodian; (c) placed in
24 accordance with Section 4-25 with or without also being placed
25 under supervision. Conditions of supervision may be modified or
26 terminated by the court if it deems that the best interests of
27 the minor and the public will be served thereby; (d) required
28 to attend an approved alcohol or drug abuse treatment or
29 counseling program on an inpatient or outpatient basis instead
30 of or in addition to the disposition otherwise provided for in
31 this paragraph; (e) ordered partially or completely
32 emancipated in accordance with the provisions of the
33 Emancipation of Mature Minors Act; or (f) subject to having his
34 or her driver's license or driving privilege suspended for such
35 time as determined by the Court but only until he or she

 

 

HB0259 - 26 - LRB094 04966 DRJ 34996 b

1 attains 18 years of age. No disposition under this subsection
2 shall provide for the minor's placement in a secure facility.
3     (2) Any order of disposition may provide for protective
4 supervision under Section 4-22 and may include an order of
5 protection under Section 4-23.
6     (3) Unless the order of disposition expressly so provides,
7 it does not operate to close proceedings on the pending
8 petition, but is subject to modification until final closing
9 and discharge of the proceedings under Section 4-29.
10     (3.5) In addition to any other order of disposition, the
11 court may order the minor or the minor's parent, guardian,
12 custodian, or other responsible relative to undergo counseling
13 as the court deems appropriate, based on the evidence, in order
14 to achieve the purposes of this Act.
15     (4) In addition to any other order of disposition, the
16 court may order any minor found to be addicted under this
17 Article as neglected with respect to his or her own injurious
18 behavior, to make restitution, in monetary or non-monetary
19 form, under the terms and conditions of Section 5-5-6 of the
20 Unified Code of Corrections, except that the "presentence
21 hearing" referred to therein shall be the dispositional hearing
22 for purposes of this Section. The parent, guardian or legal
23 custodian of the minor may pay some or all of such restitution
24 on the minor's behalf.
25     (5) Any order for disposition where the minor is placed in
26 accordance with Section 4-25 shall provide for the parents or
27 guardian of the estate of such minor to pay to the legal
28 custodian or guardian of the person of the minor such sums as
29 are determined by the custodian or guardian of the person of
30 the minor as necessary for the minor's needs. Such payments may
31 not exceed the maximum amounts provided for by Section 9.1 of
32 the Children and Family Services Act.
33     (6) Whenever the order of disposition requires the minor to
34 attend school or participate in a program of training, the
35 truant officer or designated school official shall regularly
36 report to the court if the minor is a chronic or habitual

 

 

HB0259 - 27 - LRB094 04966 DRJ 34996 b

1 truant under Section 26-2a of the School Code.
2     (7) The court must impose upon a minor under an order of
3 continuance under supervision or an order of disposition under
4 this Article IV, as a condition of the order, a fee of $25 for
5 each month or partial month of supervision with a probation
6 officer. If the court determines the inability of the minor, or
7 the parent, guardian, or legal custodian of the minor to pay
8 the fee, the court may impose a lesser fee. The court may not
9 impose the fee on a minor who is made a ward of the State under
10 this Act. The fee may be imposed only upon a minor who is
11 actively supervised by the probation and court services
12 department. The fee must be collected by the clerk of the
13 circuit court. The clerk of the circuit court must pay all
14 monies collected from this fee to the county treasurer for
15 deposit into the probation and court services fund under
16 Section 15.1 of the Probation and Probation Officers Act.
17 (Source: P.A. 92-329, eff. 8-9-01; revised 10-9-03.)
 
18     Section 20. The Code of Criminal Procedure of 1963 is
19 amended by changing Sections 112A-7 and 112A-14 as follows:
 
20     (725 ILCS 5/112A-7)  (from Ch. 38, par. 112A-7)
21     Sec. 112A-7. Trial by jury. In accordance with the Code of
22 Civil Procedure, the petitioner or the respondent may demand a
23 There shall be no right to trial by jury of the issues of fact
24 in any proceeding to obtain, modify, vacate or extend an any
25 order of protection under this Article. However, Nothing in
26 this Section shall deny any existing right to trial by jury in
27 a criminal proceeding.
28 (Source: P.A. 87-895; 87-1186; 88-45.)
 
29     (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
30     Sec. 112A-14. Order of protection; remedies.
31     (a) Issuance of order. If the court finds that petitioner
32 has been abused by a family or household member, as defined in
33 this Article, an order of protection prohibiting such abuse

 

 

HB0259 - 28 - LRB094 04966 DRJ 34996 b

1 shall issue; provided that petitioner must also satisfy the
2 requirements of one of the following Sections, as appropriate:
3 Section 112A-17 on emergency orders, Section 112A-18 on interim
4 orders, or Section 112A-19 on plenary orders. Petitioner shall
5 not be denied an order of protection because petitioner or
6 respondent is a minor. The court, when determining whether or
7 not to issue an order of protection, shall not require physical
8 manifestations of abuse on the person of the victim.
9 Modification and extension of prior orders of protection shall
10 be in accordance with this Article.
11     (b) Remedies and standards. The remedies to be included in
12 an order of protection shall be determined in accordance with
13 this Section and one of the following Sections, as appropriate:
14 Section 112A-17 on emergency orders, Section 112A-18 on interim
15 orders, and Section 112A-19 on plenary orders. The remedies
16 listed in this subsection shall be in addition to other civil
17 or criminal remedies available to petitioner.
18         (1) Prohibition of abuse. Prohibit respondent's
19     harassment, interference with personal liberty,
20     intimidation of a dependent, physical abuse or willful
21     deprivation, as defined in this Article, if such abuse has
22     occurred or otherwise appears likely to occur if not
23     prohibited.
24         (2) Grant of exclusive possession of residence.
25     Prohibit respondent from entering or remaining in any
26     residence or household of the petitioner, including one
27     owned or leased by respondent, if petitioner has a right to
28     occupancy thereof. The grant of exclusive possession of the
29     residence shall not affect title to real property, nor
30     shall the court be limited by the standard set forth in
31     Section 701 of the Illinois Marriage and Dissolution of
32     Marriage Act.
33             (A) Right to occupancy. A party has a right to
34         occupancy of a residence or household if it is solely
35         or jointly owned or leased by that party, that party's
36         spouse, a person with a legal duty to support that

 

 

HB0259 - 29 - LRB094 04966 DRJ 34996 b

1         party or a minor child in that party's care, or by any
2         person or entity other than the opposing party that
3         authorizes that party's occupancy (e.g., a domestic
4         violence shelter). Standards set forth in subparagraph
5         (B) shall not preclude equitable relief.
6             (B) Presumption of hardships. If petitioner and
7         respondent each has the right to occupancy of a
8         residence or household, the court shall balance (i) the
9         hardships to respondent and any minor child or
10         dependent adult in respondent's care resulting from
11         entry of this remedy with (ii) the hardships to
12         petitioner and any minor child or dependent adult in
13         petitioner's care resulting from continued exposure to
14         the risk of abuse (should petitioner remain at the
15         residence or household) or from loss of possession of
16         the residence or household (should petitioner leave to
17         avoid the risk of abuse). When determining the balance
18         of hardships, the court shall also take into account
19         the accessibility of the residence or household.
20         Hardships need not be balanced if respondent does not
21         have a right to occupancy.
22             The balance of hardships is presumed to favor
23         possession by petitioner unless the presumption is
24         rebutted by a preponderance of the evidence, showing
25         that the hardships to respondent substantially
26         outweigh the hardships to petitioner and any minor
27         child or dependent adult in petitioner's care. The
28         court, on the request of petitioner or on its own
29         motion, may order respondent to provide suitable,
30         accessible, alternate housing for petitioner instead
31         of excluding respondent from a mutual residence or
32         household.
33         (3) Stay away order and additional prohibitions. Order
34     respondent to stay away from petitioner or any other person
35     protected by the order of protection, or prohibit
36     respondent from entering or remaining present at

 

 

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1     petitioner's school, place of employment, or other
2     specified places at times when petitioner is present, or
3     both, if reasonable, given the balance of hardships.
4     Hardships need not be balanced for the court to enter a
5     stay away order or prohibit entry if respondent has no
6     right to enter the premises.
7         If an order of protection grants petitioner exclusive
8     possession of the residence, or prohibits respondent from
9     entering the residence, or orders respondent to stay away
10     from petitioner or other protected persons, then the court
11     may allow respondent access to the residence to remove
12     items of clothing and personal adornment used exclusively
13     by respondent, medications, and other items as the court
14     directs. The right to access shall be exercised on only one
15     occasion as the court directs and in the presence of an
16     agreed-upon adult third party or law enforcement officer.
17         (4) Counseling. Require or recommend the respondent to
18     undergo counseling for a specified duration with a social
19     worker, psychologist, clinical psychologist, psychiatrist,
20     family service agency, alcohol or substance abuse program,
21     mental health center guidance counselor, agency providing
22     services to elders, program designed for domestic violence
23     abusers or any other guidance service the court deems
24     appropriate. The court may also require or recommend that
25     the petitioner undergo counseling as the court deems
26     appropriate, based on the evidence.
27         (5) Physical care and possession of the minor child. In
28     order to protect the minor child from abuse, neglect, or
29     unwarranted separation from the person who has been the
30     minor child's primary caretaker, or to otherwise protect
31     the well-being of the minor child, the court may do either
32     or both of the following: (i) grant petitioner physical
33     care or possession of the minor child, or both, or (ii)
34     order respondent to return a minor child to, or not remove
35     a minor child from, the physical care of a parent or person
36     in loco parentis.

 

 

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1         If a court finds, after a hearing, that respondent has
2     committed abuse (as defined in Section 112A-3) of a minor
3     child, there shall be a rebuttable presumption that
4     awarding physical care to respondent would not be in the
5     minor child's best interest.
6         (6) Temporary legal custody. Award temporary legal
7     custody to petitioner in accordance with this Section, the
8     Illinois Marriage and Dissolution of Marriage Act, the
9     Illinois Parentage Act of 1984, and this State's Uniform
10     Child-Custody Jurisdiction and Enforcement Act.
11         If a court finds, after a hearing, that respondent has
12     committed abuse (as defined in Section 112A-3) of a minor
13     child, there shall be a rebuttable presumption that
14     awarding temporary legal custody to respondent would not be
15     in the child's best interest.
16         (7) Visitation. Determine the visitation rights, if
17     any, of respondent in any case in which the court awards
18     physical care or temporary legal custody of a minor child
19     to petitioner. The court shall restrict or deny
20     respondent's visitation with a minor child if the court
21     finds that respondent has done or is likely to do any of
22     the following: (i) abuse or endanger the minor child during
23     visitation; (ii) use the visitation as an opportunity to
24     abuse or harass petitioner or petitioner's family or
25     household members; (iii) improperly conceal or detain the
26     minor child; or (iv) otherwise act in a manner that is not
27     in the best interests of the minor child. The court shall
28     not be limited by the standards set forth in Section 607.1
29     of the Illinois Marriage and Dissolution of Marriage Act.
30     If the court grants visitation, the order shall specify
31     dates and times for the visitation to take place or other
32     specific parameters or conditions that are appropriate. No
33     order for visitation shall refer merely to the term
34     "reasonable visitation".
35         Petitioner may deny respondent access to the minor
36     child if, when respondent arrives for visitation,

 

 

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1     respondent is under the influence of drugs or alcohol and
2     constitutes a threat to the safety and well-being of
3     petitioner or petitioner's minor children or is behaving in
4     a violent or abusive manner.
5         If necessary to protect any member of petitioner's
6     family or household from future abuse, respondent shall be
7     prohibited from coming to petitioner's residence to meet
8     the minor child for visitation, and the parties shall
9     submit to the court their recommendations for reasonable
10     alternative arrangements for visitation. A person may be
11     approved to supervise visitation only after filing an
12     affidavit accepting that responsibility and acknowledging
13     accountability to the court.
14         (8) Removal or concealment of minor child. Prohibit
15     respondent from removing a minor child from the State or
16     concealing the child within the State.
17         (9) Order to appear. Order the respondent to appear in
18     court, alone or with a minor child, to prevent abuse,
19     neglect, removal or concealment of the child, to return the
20     child to the custody or care of the petitioner or to permit
21     any court-ordered interview or examination of the child or
22     the respondent.
23         (10) Possession of personal property. Grant petitioner
24     exclusive possession of personal property and, if
25     respondent has possession or control, direct respondent to
26     promptly make it available to petitioner, if:
27             (i) petitioner, but not respondent, owns the
28         property; or
29             (ii) the parties own the property jointly; sharing
30         it would risk abuse of petitioner by respondent or is
31         impracticable; and the balance of hardships favors
32         temporary possession by petitioner.
33         If petitioner's sole claim to ownership of the property
34     is that it is marital property, the court may award
35     petitioner temporary possession thereof under the
36     standards of subparagraph (ii) of this paragraph only if a

 

 

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1     proper proceeding has been filed under the Illinois
2     Marriage and Dissolution of Marriage Act, as now or
3     hereafter amended.
4         No order under this provision shall affect title to
5     property.
6         (11) Protection of property. Forbid the respondent
7     from taking, transferring, encumbering, concealing,
8     damaging or otherwise disposing of any real or personal
9     property, except as explicitly authorized by the court, if:
10             (i) petitioner, but not respondent, owns the
11         property; or
12             (ii) the parties own the property jointly, and the
13         balance of hardships favors granting this remedy.
14         If petitioner's sole claim to ownership of the property
15     is that it is marital property, the court may grant
16     petitioner relief under subparagraph (ii) of this
17     paragraph only if a proper proceeding has been filed under
18     the Illinois Marriage and Dissolution of Marriage Act, as
19     now or hereafter amended.
20         The court may further prohibit respondent from
21     improperly using the financial or other resources of an
22     aged member of the family or household for the profit or
23     advantage of respondent or of any other person.
24         (12) Order for payment of support. Order respondent to
25     pay temporary support for the petitioner or any child in
26     the petitioner's care or custody, when the respondent has a
27     legal obligation to support that person, in accordance with
28     the Illinois Marriage and Dissolution of Marriage Act,
29     which shall govern, among other matters, the amount of
30     support, payment through the clerk and withholding of
31     income to secure payment. An order for child support may be
32     granted to a petitioner with lawful physical care or
33     custody of a child, or an order or agreement for physical
34     care or custody, prior to entry of an order for legal
35     custody. Such a support order shall expire upon entry of a
36     valid order granting legal custody to another, unless

 

 

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1     otherwise provided in the custody order.
2         (13) Order for payment of losses. Order respondent to
3     pay petitioner for losses suffered as a direct result of
4     the abuse. Such losses shall include, but not be limited
5     to, medical expenses, lost earnings or other support,
6     repair or replacement of property damaged or taken,
7     reasonable attorney's fees, court costs and moving or other
8     travel expenses, including additional reasonable expenses
9     for temporary shelter and restaurant meals.
10             (i) Losses affecting family needs. If a party is
11         entitled to seek maintenance, child support or
12         property distribution from the other party under the
13         Illinois Marriage and Dissolution of Marriage Act, as
14         now or hereafter amended, the court may order
15         respondent to reimburse petitioner's actual losses, to
16         the extent that such reimbursement would be
17         "appropriate temporary relief", as authorized by
18         subsection (a)(3) of Section 501 of that Act.
19             (ii) Recovery of expenses. In the case of an
20         improper concealment or removal of a minor child, the
21         court may order respondent to pay the reasonable
22         expenses incurred or to be incurred in the search for
23         and recovery of the minor child, including but not
24         limited to legal fees, court costs, private
25         investigator fees, and travel costs.
26         (14) Prohibition of entry. Prohibit the respondent
27     from entering or remaining in the residence or household
28     while the respondent is under the influence of alcohol or
29     drugs and constitutes a threat to the safety and well-being
30     of the petitioner or the petitioner's children.
31         (14.5) Prohibition of firearm possession. (a) When a
32     complaint is made under a request for an order of
33     protection, that the respondent has threatened or is likely
34     to use firearms illegally against the petitioner, and the
35     respondent is present in court, or has failed to appear
36     after receiving actual notice, the court shall examine on

 

 

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1     oath the petitioner, and any witnesses who may be produced.
2     If the court is satisfied that there is any danger of the
3     illegal use of firearms, it shall include in the order of
4     protection the requirement that any firearms in the
5     possession of the respondent, except as provided in
6     subsection (b), be turned over to the local law enforcement
7     agency for safekeeping. If the respondent fails to appear,
8     or refuses or fails to surrender his or her firearms, the
9     court shall issue a warrant for seizure of any firearm in
10     the possession of the respondent. The period of safekeeping
11     shall be for a stated period of time not to exceed 2 years.
12     The firearm or firearms shall be returned to the respondent
13     at the end of the stated period or at expiration of the
14     order of protection, whichever is sooner. (b) If the
15     respondent is a peace officer as defined in Section 2-13 of
16     the Criminal Code of 1961, the court shall order that any
17     firearms used by the respondent in the performance of his
18     or her duties as a peace officer be surrendered to the
19     chief law enforcement executive of the agency in which the
20     respondent is employed, who shall retain the firearms for
21     safekeeping for the stated period not to exceed 2 years as
22     set forth in the court order.
23         (15) Prohibition of access to records. If an order of
24     protection prohibits respondent from having contact with
25     the minor child, or if petitioner's address is omitted
26     under subsection (b) of Section 112A-5, or if necessary to
27     prevent abuse or wrongful removal or concealment of a minor
28     child, the order shall deny respondent access to, and
29     prohibit respondent from inspecting, obtaining, or
30     attempting to inspect or obtain, school or any other
31     records of the minor child who is in the care of
32     petitioner.
33         (16) Order for payment of shelter services. Order
34     respondent to reimburse a shelter providing temporary
35     housing and counseling services to the petitioner for the
36     cost of the services, as certified by the shelter and

 

 

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1     deemed reasonable by the court.
2         (17) Order for injunctive relief. Enter injunctive
3     relief necessary or appropriate to prevent further abuse of
4     a family or household member or to effectuate one of the
5     granted remedies, if supported by the balance of hardships.
6     If the harm to be prevented by the injunction is abuse or
7     any other harm that one of the remedies listed in
8     paragraphs (1) through (16) of this subsection is designed
9     to prevent, no further evidence is necessary to establish
10     that the harm is an irreparable injury.
11     (c) Relevant factors; findings.
12         (1) In determining whether to grant a specific remedy,
13     other than payment of support, the court shall consider
14     relevant factors, including but not limited to the
15     following:
16             (i) the nature, frequency, severity, pattern and
17         consequences of the respondent's past abuse of the
18         petitioner or any family or household member,
19         including the concealment of his or her location in
20         order to evade service of process or notice, and the
21         likelihood of danger of future abuse to petitioner or
22         any member of petitioner's or respondent's family or
23         household; and
24             (ii) the danger that any minor child will be abused
25         or neglected or improperly removed from the
26         jurisdiction, improperly concealed within the State or
27         improperly separated from the child's primary
28         caretaker.
29         (2) In comparing relative hardships resulting to the
30     parties from loss of possession of the family home, the
31     court shall consider relevant factors, including but not
32     limited to the following:
33             (i) availability, accessibility, cost, safety,
34         adequacy, location and other characteristics of
35         alternate housing for each party and any minor child or
36         dependent adult in the party's care;

 

 

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1             (ii) the effect on the party's employment; and
2             (iii) the effect on the relationship of the party,
3         and any minor child or dependent adult in the party's
4         care, to family, school, church and community.
5         (3) Subject to the exceptions set forth in paragraph
6     (4) of this subsection, the court shall make its findings
7     in an official record or in writing, and shall at a minimum
8     set forth the following:
9             (i) That the court has considered the applicable
10         relevant factors described in paragraphs (1) and (2) of
11         this subsection.
12             (ii) Whether the conduct or actions of respondent,
13         unless prohibited, will likely cause irreparable harm
14         or continued abuse.
15             (iii) Whether it is necessary to grant the
16         requested relief in order to protect petitioner or
17         other alleged abused persons.
18         (4) For purposes of issuing an ex parte emergency order
19     of protection, the court, as an alternative to or as a
20     supplement to making the findings described in paragraphs
21     (c)(3)(i) through (c)(3)(iii) of this subsection, may use
22     the following procedure:
23         When a verified petition for an emergency order of
24     protection in accordance with the requirements of Sections
25     112A-5 and 112A-17 is presented to the court, the court
26     shall examine petitioner on oath or affirmation. An
27     emergency order of protection shall be issued by the court
28     if it appears from the contents of the petition and the
29     examination of petitioner that the averments are
30     sufficient to indicate abuse by respondent and to support
31     the granting of relief under the issuance of the emergency
32     order of protection.
33         (5) Never married parties. No rights or
34     responsibilities for a minor child born outside of marriage
35     attach to a putative father until a father and child
36     relationship has been established under the Illinois

 

 

HB0259 - 38 - LRB094 04966 DRJ 34996 b

1     Parentage Act of 1984. Absent such an adjudication, no
2     putative father shall be granted temporary custody of the
3     minor child, visitation with the minor child, or physical
4     care and possession of the minor child, nor shall an order
5     of payment for support of the minor child be entered.
6     (d) Balance of hardships; findings. If the court finds that
7 the balance of hardships does not support the granting of a
8 remedy governed by paragraph (2), (3), (10), (11), or (16) of
9 subsection (b) of this Section, which may require such
10 balancing, the court's findings shall so indicate and shall
11 include a finding as to whether granting the remedy will result
12 in hardship to respondent that would substantially outweigh the
13 hardship to petitioner from denial of the remedy. The findings
14 shall be an official record or in writing.
15     (e) Denial of remedies. Denial of any remedy shall not be
16 based, in whole or in part, on evidence that:
17         (1) Respondent has cause for any use of force, unless
18     that cause satisfies the standards for justifiable use of
19     force provided by Article VII of the Criminal Code of 1961;
20         (2) Respondent was voluntarily intoxicated;
21         (3) Petitioner acted in self-defense or defense of
22     another, provided that, if petitioner utilized force, such
23     force was justifiable under Article VII of the Criminal
24     Code of 1961;
25         (4) Petitioner did not act in self-defense or defense
26     of another;
27         (5) Petitioner left the residence or household to avoid
28     further abuse by respondent;
29         (6) Petitioner did not leave the residence or household
30     to avoid further abuse by respondent;
31         (7) Conduct by any family or household member excused
32     the abuse by respondent, unless that same conduct would
33     have excused such abuse if the parties had not been family
34     or household members.
35 (Source: P.A. 93-108, eff. 1-1-04.)
 

 

 

HB0259 - 39 - LRB094 04966 DRJ 34996 b

1     Section 25. The Illinois Marriage and Dissolution of
2 Marriage Act is amended by adding Sections 307, 404.05, 411.5,
3 and 452.5 and by changing Sections 510 and 606 as follows:
 
4     (750 ILCS 5/307 new)
5     Sec. 307. Trial by jury. In accordance with the Code of
6 Civil Procedure, a party to an action for a declaration of
7 invalidity of marriage may demand a trial by jury as to the
8 issues of fact raised in the action.
 
9     (750 ILCS 5/404.05 new)
10     Sec. 404.05. Counseling. Whether or not the court
11 concludes that there is a prospect of reconciliation, the court
12 may order the petitioner, the respondent, or a child of the
13 parties to undergo counseling as the court deems appropriate,
14 based on the evidence.
 
15     (750 ILCS 5/411.5 new)
16     Sec. 411.5. Trial by jury. In accordance with the Code of
17 Civil Procedure, a party to an action for dissolution of
18 marriage or for legal separation may demand a trial by jury as
19 to the issues of fact raised in the action. This Section does
20 not apply, however, to an action in which the parties have
21 filed a petition for simplified dissolution under Part IV-A.
 
22     (750 ILCS 5/452.5 new)
23     Sec. 452.5. No trial by jury. There is no right to a trial
24 by jury in an action in which the parties have filed a petition
25 for simplified dissolution under this Part IV-A.
 
26     (750 ILCS 5/510)  (from Ch. 40, par. 510)
27     Sec. 510. Modification and termination of provisions for
28 maintenance, support, educational expenses, and property
29 disposition.
30     (a) Except as otherwise provided in paragraph (f) of
31 Section 502 and in subsection (b), clause (3) of Section 505.2,

 

 

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1 the provisions of any judgment respecting maintenance or
2 support may be modified only as to installments accruing
3 subsequent to due notice by the moving party of the filing of
4 the motion for modification. An order for child support may be
5 modified as follows:
6         (1) upon a showing of a substantial change in
7     circumstances; and
8         (2) without the necessity of showing a substantial
9     change in circumstances, as follows:
10             (A) upon a showing of an inconsistency of at least
11         20%, but no less than $10 per month, between the amount
12         of the existing order and the amount of child support
13         that results from application of the guidelines
14         specified in Section 505 of this Act unless the
15         inconsistency is due to the fact that the amount of the
16         existing order resulted from a deviation from the
17         guideline amount and there has not been a change in the
18         circumstances that resulted in that deviation; or
19             (B) Upon a showing of a need to provide for the
20         health care needs of the child under the order through
21         health insurance or other means. In no event shall the
22         eligibility for or receipt of medical assistance be
23         considered to meet the need to provide for the child's
24         health care needs.
25     The provisions of subparagraph (a)(2)(A) shall apply only
26 in cases in which a party is receiving child support
27 enforcement services from the Illinois Department of Public Aid
28 under Article X of the Illinois Public Aid Code, and only when
29 at least 36 months have elapsed since the order for child
30 support was entered or last modified.
31     (a-5) An order for maintenance may be modified or
32 terminated only upon a showing of a substantial change in
33 circumstances. In all such proceedings, as well as in
34 proceedings in which maintenance is being reviewed, the court
35 shall consider the applicable factors set forth in subsection
36 (a) of Section 504 and the following factors:

 

 

HB0259 - 41 - LRB094 04966 DRJ 34996 b

1         (1) any change in the employment status of either party
2     and whether the change has been made in good faith;
3         (2) the efforts, if any, made by the party receiving
4     maintenance to become self-supporting, and the
5     reasonableness of the efforts where they are appropriate;
6         (3) any impairment of the present and future earning
7     capacity of either party;
8         (4) the tax consequences of the maintenance payments
9     upon the respective economic circumstances of the parties;
10         (5) the duration of the maintenance payments
11     previously paid (and remaining to be paid) relative to the
12     length of the marriage;
13         (6) the property, including retirement benefits,
14     awarded to each party under the judgment of dissolution of
15     marriage, judgment of legal separation, or judgment of
16     declaration of invalidity of marriage and the present
17     status of the property;
18         (7) the increase or decrease in each party's income
19     since the prior judgment or order from which a review,
20     modification, or termination is being sought;
21         (8) the property acquired and currently owned by each
22     party after the entry of the judgment of dissolution of
23     marriage, judgment of legal separation, or judgment of
24     declaration of invalidity of marriage; and
25         (9) any other factor that the court expressly finds to
26     be just and equitable.
27     (b) The provisions as to property disposition may not be
28 revoked or modified, unless the court finds the existence of
29 conditions that justify the reopening of a judgment under the
30 laws of this State.
31     (c) Unless otherwise agreed by the parties in a written
32 agreement set forth in the judgment or otherwise approved by
33 the court, the obligation to pay future maintenance is
34 terminated upon the death of either party, or the remarriage of
35 the party receiving maintenance, or if the party receiving
36 maintenance cohabits with another person on a resident,

 

 

HB0259 - 42 - LRB094 04966 DRJ 34996 b

1 continuing conjugal basis.
2     (d) Unless otherwise provided in this Act, or as agreed in
3 writing or expressly provided in the judgment, provisions for
4 the support of a child are terminated by emancipation of the
5 child, or if the child has attained the age of 18 and is still
6 attending high school, provisions for the support of the child
7 are terminated upon the date that the child graduates from high
8 school or the date the child attains the age of 19, whichever
9 is earlier, but not by the death of a parent obligated to
10 support or educate the child. An existing obligation to pay for
11 support or educational expenses, or both, is not terminated by
12 the death of a parent. When a parent obligated to pay support
13 or educational expenses, or both, dies, the amount of support
14 or educational expenses, or both, may be enforced, modified,
15 revoked or commuted to a lump sum payment, as equity may
16 require, and that determination may be provided for at the time
17 of the dissolution of the marriage or thereafter.
18     (e) The right to petition for support or educational
19 expenses, or both, under Sections 505 and 513 is not
20 extinguished by the death of a parent. Upon a petition filed
21 before or after a parent's death, the court may award sums of
22 money out of the decedent's estate for the child's support or
23 educational expenses, or both, as equity may require. The time
24 within which a claim may be filed against the estate of a
25 decedent under Sections 505 and 513 and subsection (d) and this
26 subsection shall be governed by the provisions of the Probate
27 Act of 1975, as a barrable, noncontingent claim.
28     (f) A petition to modify or terminate child support,
29 custody, or visitation shall not delay any child support
30 enforcement litigation or supplementary proceeding on behalf
31 of the obligee, including, but not limited to, a petition for a
32 rule to show cause, for non-wage garnishment, or for a
33 restraining order.
34     (g) In accordance with the Code of Civil Procedure, a party
35 to an action to modify or terminate maintenance or support,
36 including educational expenses, may demand a trial by jury as

 

 

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1 to the issues of fact raised in the action.
2 (Source: P.A. 92-289, eff. 8-9-01; 92-590, eff. 7-1-02; 92-651,
3 eff. 7-11-02; 92-876, eff. 6-1-03; 93-353, eff. 1-1-04.)
 
4     (750 ILCS 5/606)  (from Ch. 40, par. 606)
5     Sec. 606. Hearings.
6     (a) Custody proceedings shall receive priority in being set
7 for hearing.
8     (b) The court may tax as costs the payment of necessary
9 travel and other expenses incurred by any person whose presence
10 at the hearing the court deems necessary to determine the best
11 interest of the child.
12     (c) The court, without a jury, shall determine questions of
13 law and fact, except that in accordance with the Code of Civil
14 Procedure, a party to a custody proceeding may demand a trial
15 by jury as to the issues of fact raised in the proceeding. If
16 the court it finds that a public hearing may be detrimental to
17 the child's best interest, the court may exclude the public
18 from a custody hearing, but may admit any person who has a
19 direct and legitimate interest in the particular case or a
20 legitimate educational or research interest in the work of the
21 court.
22     (d) If the court finds it necessary, in order to protect
23 the child's welfare, that the record of any interview, report,
24 investigation, or testimony in a custody proceeding be kept
25 secret, the court may make an appropriate order sealing the
26 record.
27     (e) Previous statements made by the child relating to any
28 allegations that the child is an abused or neglected child
29 within the meaning of the Abused and Neglected Child Reporting
30 Act, or an abused or neglected minor within the meaning of the
31 Juvenile Court Act of 1987, shall be admissible in evidence in
32 a hearing concerning custody of or visitation with the child.
33 No such statement, however, if uncorroborated and not subject
34 to cross-examination, shall be sufficient in itself to support
35 a finding of abuse or neglect.

 

 

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1 (Source: P.A. 87-1081.)
 
2     (750 ILCS 5/103 rep.)
3     Section 26. The Illinois Marriage and Dissolution of
4 Marriage Act is amended by repealing Section 103.
 
5     Section 30. The Illinois Uniform Premarital Agreement Act
6 is amended by adding Sections 8.5 and 8.10 as follows:
 
7     (750 ILCS 10/8.5 new)
8     Sec. 8.5. Trial by jury. In accordance with the Code of
9 Civil Procedure, a party to an action asserting a claim for
10 relief under a premarital agreement may demand a trial by jury
11 as to the issues of fact raised in the action.
 
12     (750 ILCS 10/8.10 new)
13     Sec. 8.10. Counseling. In an action asserting a claim for
14 relief under a premarital agreement, the court may order one or
15 both of the parties to undergo counseling as the court deems
16 appropriate, based on the evidence.
 
17     Section 35. The Uniform Interstate Family Support Act is
18 amended by changing Section 301 as follows:
 
19     (750 ILCS 22/301)
20     (Text of Section before amendment by P.A. 93-479)
21     Sec. 301. Proceedings under Act.
22     (a) Except as otherwise provided in this Act, this Article
23 applies to all proceedings under this Act.
24     (b) This Act provides for the following proceedings:
25         (1) establishment of an order for spousal support or
26     child support pursuant to Article 4;
27         (2) enforcement of a support order and
28     income-withholding order of another state without
29     registration pursuant to Article 5;
30         (3) registration of an order for spousal support or

 

 

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1     child support of another state for enforcement pursuant to
2     Article 6;
3         (4) modification of an order for child support or
4     spousal support issued by a tribunal of this State pursuant
5     to Article 2, Part 2;
6         (5) registration of an order for child support of
7     another state for modification pursuant to Article 6;
8         (6) determination of parentage pursuant to Article 7;
9     and
10         (7) assertion of jurisdiction over nonresidents
11     pursuant to Article 2, Part 1.
12     (c) An individual obligee or a support enforcement agency
13 may commence a proceeding authorized under this Act by filing a
14 petition in an initiating tribunal for forwarding to a
15 responding tribunal or by filing a petition or a comparable
16 pleading directly in a tribunal of another state which has or
17 can obtain personal jurisdiction over the obligor.
18     (d) In accordance with the Code of Civil Procedure, a party
19 to a proceeding described in subsection (b) may demand a trial
20 by jury as to the issues of fact raised in the proceeding.
21 (Source: P.A. 90-240, eff. 7-28-97.)
 
22     (Text of Section after amendment by P.A. 93-479; for
23 operative date see Section 99 of P.A. 93-479)
24     Sec. 301. Proceedings under Act.
25     (a) Except as otherwise provided in this Act, this Article
26 applies to all proceedings under this Act.
27     (b) An individual obligee or a support enforcement agency
28 may initiate a proceeding authorized under this Act by filing a
29 petition in an initiating tribunal for forwarding to a
30 responding tribunal or by filing a petition or a comparable
31 pleading directly in a tribunal of another state which has or
32 can obtain personal jurisdiction over the obligor.
33     (d) In accordance with the Code of Civil Procedure, a party
34 to a proceeding initiated under this Act may demand a trial by
35 jury as to the issues of fact raised in the proceeding.

 

 

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1 (Source: P.A. 93-479, eff. 1-1-04; for operative date see
2 Section 99 of P.A. 93-479.)
 
3     Sec. 301. Proceedings under Act.
4     (a) Except as otherwise provided in this Act, this Article
5 applies to all proceedings under this Act.
6     (b) An individual obligee or a support enforcement agency
7 may initiate a proceeding authorized under this Act by filing a
8 petition in an initiating tribunal for forwarding to a
9 responding tribunal or by filing a petition or a comparable
10 pleading directly in a tribunal of another state which has or
11 can obtain personal jurisdiction over the obligor.
12     (c) In accordance with the Code of Civil Procedure, a party
13 to a proceeding initiated under this Act may demand a trial by
14 jury as to the issues of fact raised in the proceeding.
15 (Source: P.A. 93-479, eff. 1-1-04; for operative date see
16 Section 99 of P.A. 93-479.)
 
17     Section 40. The Income Withholding for Support Act is
18 amended by changing Section 40 as follows:
 
19     (750 ILCS 28/40)
20     Sec. 40. Petitions to contest withholding or to modify,
21 suspend, terminate, or correct income withholding notices.
22     (a) When an obligor files a petition to contest
23 withholding, the court, after due notice to all parties, shall
24 hear the matter as soon as practicable and shall enter an order
25 granting or denying relief, ordering service of an amended
26 income withholding notice, where applicable, or otherwise
27 resolving the matter. In accordance with the Code of Civil
28 Procedure, a party to a proceeding to contest withholding under
29 this subsection may demand a trial by jury as to the issues of
30 fact raised in the proceeding.
31     The court shall deny the obligor's petition if the court
32 finds that when the income withholding notice was mailed, sent
33 by facsimile transmission or other electronic means, or placed

 

 

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1 for personal delivery to or service on the payor:
2         (1) a delinquency existed; or
3         (2) the parties' written agreement providing an
4     alternative arrangement to immediate withholding under
5     subsection (a) of Section 20 no longer ensured payment of
6     support.
7     (b) At any time, an obligor, obligee, public office or
8 Clerk of the Circuit Court may petition the court to:
9         (1) modify, suspend or terminate the income
10     withholding notice because of a modification, suspension
11     or termination of the underlying order for support; or
12         (2) modify the amount of income to be withheld to
13     reflect payment in full or in part of the delinquency or
14     arrearage by income withholding or otherwise; or
15         (3) suspend the income withholding notice because of
16     inability to deliver income withheld to the obligee due to
17     the obligee's failure to provide a mailing address or other
18     means of delivery.
19     (c) At any time an obligor may petition the court to
20 correct a term contained in an income withholding notice to
21 conform to that stated in the underlying order for support for:
22         (1) the amount of current support;
23         (2) the amount of the arrearage;
24         (3) the periodic amount for payment of the arrearage;
25     or
26         (4) the periodic amount for payment of the delinquency.
27     (d) The obligor, obligee or public office shall serve on
28 the payor, in the manner provided for service of income
29 withholding notices in subsection (g) of Section 20, a copy of
30 any order entered pursuant to this Section that affects the
31 duties of the payor.
32     (e) At any time, a public office or Clerk of the Circuit
33 Court may serve a notice on the payor to:
34         (1) cease withholding of income for payment of current
35     support for a child when the support obligation for that
36     child has automatically ceased under the order for support

 

 

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1     through emancipation or otherwise; or
2         (2) cease withholding of income for payment of
3     delinquency or arrearage when the delinquency or arrearage
4     has been paid in full.
5     (f) The notice provided for under subsection (e) of this
6 Section shall be served on the payor in the manner provided for
7 service of income withholding notices in subsection (g) of
8 Section 20, and a copy shall be provided to the obligor and the
9 obligee.
10     (g) The income withholding notice shall continue to be
11 binding upon the payor until service of an amended income
12 withholding notice or any order of the court or notice entered
13 or provided for under this Section.
14 (Source: P.A. 90-673, eff. 1-1-99.)
 
15     Section 45. The Emancipation of Minors Act is amended by
16 adding Section 7.5 and changing Section 9 as follows:
 
17     (750 ILCS 30/7.5 new)
18     Sec. 7.5. Trial by jury. In accordance with the Code of
19 Civil Procedure, a party to a proceeding for emancipation under
20 this Act may demand a trial by jury as to the issues of fact
21 raised in the proceeding.
 
22     (750 ILCS 30/9)  (from Ch. 40, par. 2209)
23     Sec. 9. Hearing on petition.
24     (a) Mature minor. Before proceeding to a hearing on the
25 petition for emancipation of a mature minor the court shall
26 advise all persons present of the nature of the proceedings,
27 and their rights and responsibilities if an order of
28 emancipation should be entered.
29     If, after the hearing, the court determines that the minor
30 is a mature minor who is of sound mind and has the capacity and
31 maturity to manage his own affairs including his finances, and
32 that the best interests of the minor and his family will be
33 promoted by declaring the minor an emancipated minor, the court

 

 

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1 shall enter a finding that the minor is an emancipated minor
2 within the meaning of this Act, or that the mature minor is
3 partially emancipated with such limitations as the court by
4 order deems appropriate. The court may also order that the
5 emancipated or partially emancipated minor or the minor's
6 parent or parents or guardian undergo counseling as the court
7 deems appropriate, based on the evidence. No order of complete
8 or partial emancipation may be entered under this Act if there
9 is any objection by the minor, his parents or guardian.
10     (b) Homeless minor. Upon the verified petition of a
11 homeless minor, the court shall immediately grant partial
12 emancipation for the sole purpose of allowing the homeless
13 minor to consent to the receipt of services and shelter or
14 housing provided by the youth transitional housing program
15 named in the petition and to other services that the youth
16 transitional housing program may arrange by referral. The court
17 may require that a youth transitional housing program employee
18 appear before the court at the time of the filing of the
19 petition and may inquire into the facts asserted in the
20 petition. No other hearing shall be scheduled in the case of a
21 petition affecting a homeless minor, unless, after notice, a
22 parent or guardian requests such a hearing. If such a hearing
23 is requested, then the homeless minor must be present at the
24 hearing. After the granting of partial emancipation to a
25 homeless youth, if the youth transitional housing program
26 determines that its facility and services are no longer
27 appropriate for the minor or that another program is more
28 appropriate for the minor, the program shall notify the court
29 and the court, after a hearing, may modify its order. At any
30 hearing under this subsection (b), the court may also order
31 that the minor or the minor's parent or parents or guardian
32 undergo counseling as the court deems appropriate, based on the
33 evidence.
34 (Source: P.A. 93-105, eff. 7-8-03.)
 
35     Section 50. The Illinois Parentage Act of 1984 is amended

 

 

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1 by changing Sections 13 and 14 as follows:
 
2     (750 ILCS 45/13)  (from Ch. 40, par. 2513)
3     Sec. 13. Civil Action.
4     (a) An action under this Act is a civil action governed by
5 the provisions of the "Code of Civil Procedure", approved
6 August 19, 1981, as amended, and the Supreme Court rules
7 applicable thereto, except where otherwise specified in this
8 Act.
9     (b) In accordance with the Code of Civil Procedure, a party
10 to an action under this Act may demand a trial by jury as to the
11 issues of fact raised in the action. Trial by jury is not
12 available under this Act.
13     (c) Certified copies of the bills for costs incurred for
14 pregnancy and childbirth shall be admitted into evidence at
15 judicial or administrative proceedings without foundation
16 testimony or other proof of authenticity or accuracy.
17 (Source: P.A. 90-18, eff. 7-1-97.)
 
18     (750 ILCS 45/14)  (from Ch. 40, par. 2514)
19     Sec. 14. Judgment.
20     (a) (1) The judgment shall contain or explicitly reserve
21 provisions concerning any duty and amount of child support and
22 may contain provisions concerning the custody and guardianship
23 of the child, visitation privileges with the child, the
24 furnishing of bond or other security for the payment of the
25 judgment, which the court shall determine in accordance with
26 the relevant factors set forth in the Illinois Marriage and
27 Dissolution of Marriage Act and any other applicable law of
28 Illinois, to guide the court in a finding in the best interests
29 of the child. In determining custody, joint custody, removal,
30 or visitation, the court shall apply the relevant standards of
31 the Illinois Marriage and Dissolution of Marriage Act,
32 including Section 609. Specifically, in determining the amount
33 of any child support award, the court shall use the guidelines
34 and standards set forth in subsection (a) of Section 505 and in

 

 

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1 Section 505.2 of the Illinois Marriage and Dissolution of
2 Marriage Act. For purposes of Section 505 of the Illinois
3 Marriage and Dissolution of Marriage Act, "net income" of the
4 non-custodial parent shall include any benefits available to
5 that person under the Illinois Public Aid Code or from other
6 federal, State or local government-funded programs. The court
7 shall, in any event and regardless of the amount of the
8 non-custodial parent's net income, in its judgment order the
9 non-custodial parent to pay child support to the custodial
10 parent in a minimum amount of not less than $10 per month. In
11 an action brought within 2 years after a child's birth, the
12 judgment or order may direct either parent to pay the
13 reasonable expenses incurred by either parent related to the
14 mother's pregnancy and the delivery of the child. The judgment
15 or order shall contain the father's social security number,
16 which the father shall disclose to the court; however, failure
17 to include the father's social security number on the judgment
18 or order does not invalidate the judgment or order.
19     (2) If a judgment of parentage contains no explicit award
20 of custody, the establishment of a support obligation or of
21 visitation rights in one parent shall be considered a judgment
22 granting custody to the other parent. If the parentage judgment
23 contains no such provisions, custody shall be presumed to be
24 with the mother; however, the presumption shall not apply if
25 the father has had physical custody for at least 6 months prior
26 to the date that the mother seeks to enforce custodial rights.
27     (3) The court may also order that the child or the child's
28 parent or parents undergo counseling as the court deems
29 appropriate, based on the evidence.
30     (b) The court shall order all child support payments,
31 determined in accordance with such guidelines, to commence with
32 the date summons is served. The level of current periodic
33 support payments shall not be reduced because of payments set
34 for the period prior to the date of entry of the support order.
35 The Court may order any child support payments to be made for a
36 period prior to the commencement of the action. In determining

 

 

HB0259 - 52 - LRB094 04966 DRJ 34996 b

1 whether and the extent to which the payments shall be made for
2 any prior period, the court shall consider all relevant facts,
3 including the factors for determining the amount of support
4 specified in the Illinois Marriage and Dissolution of Marriage
5 Act and other equitable factors including but not limited to:
6         (1) The father's prior knowledge of the fact and
7     circumstances of the child's birth.
8         (2) The father's prior willingness or refusal to help
9     raise or support the child.
10         (3) The extent to which the mother or the public agency
11     bringing the action previously informed the father of the
12     child's needs or attempted to seek or require his help in
13     raising or supporting the child.
14         (4) The reasons the mother or the public agency did not
15     file the action earlier.
16         (5) The extent to which the father would be prejudiced
17     by the delay in bringing the action.
18     For purposes of determining the amount of child support to
19 be paid for any period before the date the order for current
20 child support is entered, there is a rebuttable presumption
21 that the father's net income for the prior period was the same
22 as his net income at the time the order for current child
23 support is entered.
24     If (i) the non-custodial parent was properly served with a
25 request for discovery of financial information relating to the
26 non-custodial parent's ability to provide child support, (ii)
27 the non-custodial parent failed to comply with the request,
28 despite having been ordered to do so by the court, and (iii)
29 the non-custodial parent is not present at the hearing to
30 determine support despite having received proper notice, then
31 any relevant financial information concerning the
32 non-custodial parent's ability to provide child support that
33 was obtained pursuant to subpoena and proper notice shall be
34 admitted into evidence without the need to establish any
35 further foundation for its admission.
36     (c) Any new or existing support order entered by the court

 

 

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1 under this Section shall be deemed to be a series of judgments
2 against the person obligated to pay support thereunder, each
3 judgment to be in the amount of each payment or installment of
4 support and each such judgment to be deemed entered as of the
5 date the corresponding payment or installment becomes due under
6 the terms of the support order. Each judgment shall have the
7 full force, effect and attributes of any other judgment of this
8 State, including the ability to be enforced. A lien arises by
9 operation of law against the real and personal property of the
10 noncustodial parent for each installment of overdue support
11 owed by the noncustodial parent.
12     (d) If the judgment or order of the court is at variance
13 with the child's birth certificate, the court shall order that
14 a new birth certificate be issued under the Vital Records Act.
15     (e) On request of the mother and the father, the court
16 shall order a change in the child's name. After hearing
17 evidence the court may stay payment of support during the
18 period of the father's minority or period of disability.
19     (f) If, upon a showing of proper service, the father fails
20 to appear in court, or otherwise appear as provided by law, the
21 court may proceed to hear the cause upon testimony of the
22 mother or other parties taken in open court and shall enter a
23 judgment by default. The court may reserve any order as to the
24 amount of child support until the father has received notice,
25 by regular mail, of a hearing on the matter.
26     (g) A one-time charge of 20% is imposable upon the amount
27 of past-due child support owed on July 1, 1988 which has
28 accrued under a support order entered by the court. The charge
29 shall be imposed in accordance with the provisions of Section
30 10-21 of the Illinois Public Aid Code and shall be enforced by
31 the court upon petition.
32     (h) All orders for support, when entered or modified, shall
33 include a provision requiring the non-custodial parent to
34 notify the court and, in cases in which party is receiving
35 child support enforcement services under Article X of the
36 Illinois Public Aid Code, the Illinois Department of Public

 

 

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1 Aid, within 7 days, (i) of the name and address of any new
2 employer of the non-custodial parent, (ii) whether the
3 non-custodial parent has access to health insurance coverage
4 through the employer or other group coverage and, if so, the
5 policy name and number and the names of persons covered under
6 the policy, and (iii) of any new residential or mailing address
7 or telephone number of the non-custodial parent. In any
8 subsequent action to enforce a support order, upon a sufficient
9 showing that a diligent effort has been made to ascertain the
10 location of the non-custodial parent, service of process or
11 provision of notice necessary in the case may be made at the
12 last known address of the non-custodial parent in any manner
13 expressly provided by the Code of Civil Procedure or this Act,
14 which service shall be sufficient for purposes of due process.
15     (i) An order for support shall include a date on which the
16 current support obligation terminates. The termination date
17 shall be no earlier than the date on which the child covered by
18 the order will attain the age of 18. However, if the child will
19 not graduate from high school until after attaining the age of
20 18, then the termination date shall be no earlier than the
21 earlier of the date on which the child's high school graduation
22 will occur or the date on which the child will attain the age
23 of 19. The order for support shall state that the termination
24 date does not apply to any arrearage that may remain unpaid on
25 that date. Nothing in this subsection shall be construed to
26 prevent the court from modifying the order or terminating the
27 order in the event the child is otherwise emancipated.
28     (j) An order entered under this Section shall include a
29 provision requiring the obligor to report to the obligee and to
30 the clerk of court within 10 days each time the obligor obtains
31 new employment, and each time the obligor's employment is
32 terminated for any reason. The report shall be in writing and
33 shall, in the case of new employment, include the name and
34 address of the new employer. Failure to report new employment
35 or the termination of current employment, if coupled with
36 nonpayment of support for a period in excess of 60 days, is

 

 

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1 indirect criminal contempt. For any obligor arrested for
2 failure to report new employment bond shall be set in the
3 amount of the child support that should have been paid during
4 the period of unreported employment. An order entered under
5 this Section shall also include a provision requiring the
6 obligor and obligee parents to advise each other of a change in
7 residence within 5 days of the change except when the court
8 finds that the physical, mental, or emotional health of a party
9 or that of a minor child, or both, would be seriously
10 endangered by disclosure of the party's address.
11 (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; 93-139,
12 eff. 7-10-03; revised 9-15-03.)
 
13     Section 55. The Adoption Act is amended by adding Section
14 5.5 as follows:
 
15     (750 ILCS 50/5.5 new)
16     Sec. 5.5. Trial by jury. In accordance with the Code of
17 Civil Procedure, a party to a proceeding for adoption under
18 this Act may demand a trial by jury as to the issues of fact
19 raised in the proceeding.
 
20     Section 60. The Illinois Domestic Violence Act of 1986 is
21 amended by changing Sections 206 and 214 as follows:
 
22     (750 ILCS 60/206)  (from Ch. 40, par. 2312-6)
23     Sec. 206. Trial by jury. In accordance with the Code of
24 Civil Procedure, the petitioner or the respondent may demand a
25 There shall be no right to trial by jury of the issues of fact
26 in any proceeding to obtain, modify, vacate or extend an any
27 order of protection under this Act. However, Nothing in this
28 Section shall deny any existing right to trial by jury in a
29 criminal proceeding.
30 (Source: P.A. 87-1186.)
 
31     (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)

 

 

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1     Sec. 214. Order of protection; remedies.
2     (a) Issuance of order. If the court finds that petitioner
3 has been abused by a family or household member or that
4 petitioner is a high-risk adult who has been abused, neglected,
5 or exploited, as defined in this Act, an order of protection
6 prohibiting the abuse, neglect, or exploitation shall issue;
7 provided that petitioner must also satisfy the requirements of
8 one of the following Sections, as appropriate: Section 217 on
9 emergency orders, Section 218 on interim orders, or Section 219
10 on plenary orders. Petitioner shall not be denied an order of
11 protection because petitioner or respondent is a minor. The
12 court, when determining whether or not to issue an order of
13 protection, shall not require physical manifestations of abuse
14 on the person of the victim. Modification and extension of
15 prior orders of protection shall be in accordance with this
16 Act.
17     (b) Remedies and standards. The remedies to be included in
18 an order of protection shall be determined in accordance with
19 this Section and one of the following Sections, as appropriate:
20 Section 217 on emergency orders, Section 218 on interim orders,
21 and Section 219 on plenary orders. The remedies listed in this
22 subsection shall be in addition to other civil or criminal
23 remedies available to petitioner.
24         (1) Prohibition of abuse, neglect, or exploitation.
25     Prohibit respondent's harassment, interference with
26     personal liberty, intimidation of a dependent, physical
27     abuse, or willful deprivation, neglect or exploitation, as
28     defined in this Act, or stalking of the petitioner, as
29     defined in Section 12-7.3 of the Criminal Code of 1961, if
30     such abuse, neglect, exploitation, or stalking has
31     occurred or otherwise appears likely to occur if not
32     prohibited.
33         (2) Grant of exclusive possession of residence.
34     Prohibit respondent from entering or remaining in any
35     residence or household of the petitioner, including one
36     owned or leased by respondent, if petitioner has a right to

 

 

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1     occupancy thereof. The grant of exclusive possession of the
2     residence shall not affect title to real property, nor
3     shall the court be limited by the standard set forth in
4     Section 701 of the Illinois Marriage and Dissolution of
5     Marriage Act.
6             (A) Right to occupancy. A party has a right to
7         occupancy of a residence or household if it is solely
8         or jointly owned or leased by that party, that party's
9         spouse, a person with a legal duty to support that
10         party or a minor child in that party's care, or by any
11         person or entity other than the opposing party that
12         authorizes that party's occupancy (e.g., a domestic
13         violence shelter). Standards set forth in subparagraph
14         (B) shall not preclude equitable relief.
15             (B) Presumption of hardships. If petitioner and
16         respondent each has the right to occupancy of a
17         residence or household, the court shall balance (i) the
18         hardships to respondent and any minor child or
19         dependent adult in respondent's care resulting from
20         entry of this remedy with (ii) the hardships to
21         petitioner and any minor child or dependent adult in
22         petitioner's care resulting from continued exposure to
23         the risk of abuse (should petitioner remain at the
24         residence or household) or from loss of possession of
25         the residence or household (should petitioner leave to
26         avoid the risk of abuse). When determining the balance
27         of hardships, the court shall also take into account
28         the accessibility of the residence or household.
29         Hardships need not be balanced if respondent does not
30         have a right to occupancy.
31             The balance of hardships is presumed to favor
32         possession by petitioner unless the presumption is
33         rebutted by a preponderance of the evidence, showing
34         that the hardships to respondent substantially
35         outweigh the hardships to petitioner and any minor
36         child or dependent adult in petitioner's care. The

 

 

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1         court, on the request of petitioner or on its own
2         motion, may order respondent to provide suitable,
3         accessible, alternate housing for petitioner instead
4         of excluding respondent from a mutual residence or
5         household.
6         (3) Stay away order and additional prohibitions. Order
7     respondent to stay away from petitioner or any other person
8     protected by the order of protection, or prohibit
9     respondent from entering or remaining present at
10     petitioner's school, place of employment, or other
11     specified places at times when petitioner is present, or
12     both, if reasonable, given the balance of hardships.
13     Hardships need not be balanced for the court to enter a
14     stay away order or prohibit entry if respondent has no
15     right to enter the premises.
16         If an order of protection grants petitioner exclusive
17     possession of the residence, or prohibits respondent from
18     entering the residence, or orders respondent to stay away
19     from petitioner or other protected persons, then the court
20     may allow respondent access to the residence to remove
21     items of clothing and personal adornment used exclusively
22     by respondent, medications, and other items as the court
23     directs. The right to access shall be exercised on only one
24     occasion as the court directs and in the presence of an
25     agreed-upon adult third party or law enforcement officer.
26         (4) Counseling. Require or recommend the respondent to
27     undergo counseling for a specified duration with a social
28     worker, psychologist, clinical psychologist, psychiatrist,
29     family service agency, alcohol or substance abuse program,
30     mental health center guidance counselor, agency providing
31     services to elders, program designed for domestic violence
32     abusers or any other guidance service the court deems
33     appropriate. The court may also require or recommend that
34     the petitioner undergo counseling as the court deems
35     appropriate, based on the evidence.
36         (5) Physical care and possession of the minor child. In

 

 

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1     order to protect the minor child from abuse, neglect, or
2     unwarranted separation from the person who has been the
3     minor child's primary caretaker, or to otherwise protect
4     the well-being of the minor child, the court may do either
5     or both of the following: (i) grant petitioner physical
6     care or possession of the minor child, or both, or (ii)
7     order respondent to return a minor child to, or not remove
8     a minor child from, the physical care of a parent or person
9     in loco parentis.
10         If a court finds, after a hearing, that respondent has
11     committed abuse (as defined in Section 103) of a minor
12     child, there shall be a rebuttable presumption that
13     awarding physical care to respondent would not be in the
14     minor child's best interest.
15         (6) Temporary legal custody. Award temporary legal
16     custody to petitioner in accordance with this Section, the
17     Illinois Marriage and Dissolution of Marriage Act, the
18     Illinois Parentage Act of 1984, and this State's Uniform
19     Child-Custody Jurisdiction and Enforcement Act.
20         If a court finds, after a hearing, that respondent has
21     committed abuse (as defined in Section 103) of a minor
22     child, there shall be a rebuttable presumption that
23     awarding temporary legal custody to respondent would not be
24     in the child's best interest.
25         (7) Visitation. Determine the visitation rights, if
26     any, of respondent in any case in which the court awards
27     physical care or temporary legal custody of a minor child
28     to petitioner. The court shall restrict or deny
29     respondent's visitation with a minor child if the court
30     finds that respondent has done or is likely to do any of
31     the following: (i) abuse or endanger the minor child during
32     visitation; (ii) use the visitation as an opportunity to
33     abuse or harass petitioner or petitioner's family or
34     household members; (iii) improperly conceal or detain the
35     minor child; or (iv) otherwise act in a manner that is not
36     in the best interests of the minor child. The court shall

 

 

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1     not be limited by the standards set forth in Section 607.1
2     of the Illinois Marriage and Dissolution of Marriage Act.
3     If the court grants visitation, the order shall specify
4     dates and times for the visitation to take place or other
5     specific parameters or conditions that are appropriate. No
6     order for visitation shall refer merely to the term
7     "reasonable visitation".
8         Petitioner may deny respondent access to the minor
9     child if, when respondent arrives for visitation,
10     respondent is under the influence of drugs or alcohol and
11     constitutes a threat to the safety and well-being of
12     petitioner or petitioner's minor children or is behaving in
13     a violent or abusive manner.
14         If necessary to protect any member of petitioner's
15     family or household from future abuse, respondent shall be
16     prohibited from coming to petitioner's residence to meet
17     the minor child for visitation, and the parties shall
18     submit to the court their recommendations for reasonable
19     alternative arrangements for visitation. A person may be
20     approved to supervise visitation only after filing an
21     affidavit accepting that responsibility and acknowledging
22     accountability to the court.
23         (8) Removal or concealment of minor child. Prohibit
24     respondent from removing a minor child from the State or
25     concealing the child within the State.
26         (9) Order to appear. Order the respondent to appear in
27     court, alone or with a minor child, to prevent abuse,
28     neglect, removal or concealment of the child, to return the
29     child to the custody or care of the petitioner or to permit
30     any court-ordered interview or examination of the child or
31     the respondent.
32         (10) Possession of personal property. Grant petitioner
33     exclusive possession of personal property and, if
34     respondent has possession or control, direct respondent to
35     promptly make it available to petitioner, if:
36             (i) petitioner, but not respondent, owns the

 

 

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1         property; or
2             (ii) the parties own the property jointly; sharing
3         it would risk abuse of petitioner by respondent or is
4         impracticable; and the balance of hardships favors
5         temporary possession by petitioner.
6         If petitioner's sole claim to ownership of the property
7     is that it is marital property, the court may award
8     petitioner temporary possession thereof under the
9     standards of subparagraph (ii) of this paragraph only if a
10     proper proceeding has been filed under the Illinois
11     Marriage and Dissolution of Marriage Act, as now or
12     hereafter amended.
13         No order under this provision shall affect title to
14     property.
15         (11) Protection of property. Forbid the respondent
16     from taking, transferring, encumbering, concealing,
17     damaging or otherwise disposing of any real or personal
18     property, except as explicitly authorized by the court, if:
19             (i) petitioner, but not respondent, owns the
20         property; or
21             (ii) the parties own the property jointly, and the
22         balance of hardships favors granting this remedy.
23         If petitioner's sole claim to ownership of the property
24     is that it is marital property, the court may grant
25     petitioner relief under subparagraph (ii) of this
26     paragraph only if a proper proceeding has been filed under
27     the Illinois Marriage and Dissolution of Marriage Act, as
28     now or hereafter amended.
29         The court may further prohibit respondent from
30     improperly using the financial or other resources of an
31     aged member of the family or household for the profit or
32     advantage of respondent or of any other person.
33         (12) Order for payment of support. Order respondent to
34     pay temporary support for the petitioner or any child in
35     the petitioner's care or custody, when the respondent has a
36     legal obligation to support that person, in accordance with

 

 

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1     the Illinois Marriage and Dissolution of Marriage Act,
2     which shall govern, among other matters, the amount of
3     support, payment through the clerk and withholding of
4     income to secure payment. An order for child support may be
5     granted to a petitioner with lawful physical care or
6     custody of a child, or an order or agreement for physical
7     care or custody, prior to entry of an order for legal
8     custody. Such a support order shall expire upon entry of a
9     valid order granting legal custody to another, unless
10     otherwise provided in the custody order.
11         (13) Order for payment of losses. Order respondent to
12     pay petitioner for losses suffered as a direct result of
13     the abuse, neglect, or exploitation. Such losses shall
14     include, but not be limited to, medical expenses, lost
15     earnings or other support, repair or replacement of
16     property damaged or taken, reasonable attorney's fees,
17     court costs and moving or other travel expenses, including
18     additional reasonable expenses for temporary shelter and
19     restaurant meals.
20             (i) Losses affecting family needs. If a party is
21         entitled to seek maintenance, child support or
22         property distribution from the other party under the
23         Illinois Marriage and Dissolution of Marriage Act, as
24         now or hereafter amended, the court may order
25         respondent to reimburse petitioner's actual losses, to
26         the extent that such reimbursement would be
27         "appropriate temporary relief", as authorized by
28         subsection (a)(3) of Section 501 of that Act.
29             (ii) Recovery of expenses. In the case of an
30         improper concealment or removal of a minor child, the
31         court may order respondent to pay the reasonable
32         expenses incurred or to be incurred in the search for
33         and recovery of the minor child, including but not
34         limited to legal fees, court costs, private
35         investigator fees, and travel costs.
36         (14) Prohibition of entry. Prohibit the respondent

 

 

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1     from entering or remaining in the residence or household
2     while the respondent is under the influence of alcohol or
3     drugs and constitutes a threat to the safety and well-being
4     of the petitioner or the petitioner's children.
5         (14.5) Prohibition of firearm possession.
6             (a) When a complaint is made under a request for an
7         order of protection, that the respondent has
8         threatened or is likely to use firearms illegally
9         against the petitioner, and the respondent is present
10         in court, or has failed to appear after receiving
11         actual notice, the court shall examine on oath the
12         petitioner, and any witnesses who may be produced. If
13         the court is satisfied that there is any danger of the
14         illegal use of firearms, it shall issue an order that
15         any firearms in the possession of the respondent,
16         except as provided in subsection (b), be turned over to
17         the local law enforcement agency for safekeeping. If
18         the respondent has failed to appear, the court shall
19         issue a warrant for seizure of any firearm in the
20         possession of the respondent. The period of
21         safekeeping shall be for a stated period of time not to
22         exceed 2 years. The firearm or firearms shall be
23         returned to the respondent at the end of the stated
24         period or at expiration of the order of protection,
25         whichever is sooner.
26             (b) If the respondent is a peace officer as defined
27         in Section 2-13 of the Criminal Code of 1961, the court
28         shall order that any firearms used by the respondent in
29         the performance of his or her duties as a peace officer
30         be surrendered to the chief law enforcement executive
31         of the agency in which the respondent is employed, who
32         shall retain the firearms for safekeeping for the
33         stated period not to exceed 2 years as set forth in the
34         court order.
35         (15) Prohibition of access to records. If an order of
36     protection prohibits respondent from having contact with

 

 

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1     the minor child, or if petitioner's address is omitted
2     under subsection (b) of Section 203, or if necessary to
3     prevent abuse or wrongful removal or concealment of a minor
4     child, the order shall deny respondent access to, and
5     prohibit respondent from inspecting, obtaining, or
6     attempting to inspect or obtain, school or any other
7     records of the minor child who is in the care of
8     petitioner.
9         (16) Order for payment of shelter services. Order
10     respondent to reimburse a shelter providing temporary
11     housing and counseling services to the petitioner for the
12     cost of the services, as certified by the shelter and
13     deemed reasonable by the court.
14         (17) Order for injunctive relief. Enter injunctive
15     relief necessary or appropriate to prevent further abuse of
16     a family or household member or further abuse, neglect, or
17     exploitation of a high-risk adult with disabilities or to
18     effectuate one of the granted remedies, if supported by the
19     balance of hardships. If the harm to be prevented by the
20     injunction is abuse or any other harm that one of the
21     remedies listed in paragraphs (1) through (16) of this
22     subsection is designed to prevent, no further evidence is
23     necessary that the harm is an irreparable injury.
24     (c) Relevant factors; findings.
25         (1) In determining whether to grant a specific remedy,
26     other than payment of support, the court shall consider
27     relevant factors, including but not limited to the
28     following:
29             (i) the nature, frequency, severity, pattern and
30         consequences of the respondent's past abuse, neglect
31         or exploitation of the petitioner or any family or
32         household member, including the concealment of his or
33         her location in order to evade service of process or
34         notice, and the likelihood of danger of future abuse,
35         neglect, or exploitation to petitioner or any member of
36         petitioner's or respondent's family or household; and

 

 

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1             (ii) the danger that any minor child will be abused
2         or neglected or improperly removed from the
3         jurisdiction, improperly concealed within the State or
4         improperly separated from the child's primary
5         caretaker.
6         (2) In comparing relative hardships resulting to the
7     parties from loss of possession of the family home, the
8     court shall consider relevant factors, including but not
9     limited to the following:
10             (i) availability, accessibility, cost, safety,
11         adequacy, location and other characteristics of
12         alternate housing for each party and any minor child or
13         dependent adult in the party's care;
14             (ii) the effect on the party's employment; and
15             (iii) the effect on the relationship of the party,
16         and any minor child or dependent adult in the party's
17         care, to family, school, church and community.
18         (3) Subject to the exceptions set forth in paragraph
19     (4) of this subsection, the court shall make its findings
20     in an official record or in writing, and shall at a minimum
21     set forth the following:
22             (i) That the court has considered the applicable
23         relevant factors described in paragraphs (1) and (2) of
24         this subsection.
25             (ii) Whether the conduct or actions of respondent,
26         unless prohibited, will likely cause irreparable harm
27         or continued abuse.
28             (iii) Whether it is necessary to grant the
29         requested relief in order to protect petitioner or
30         other alleged abused persons.
31         (4) For purposes of issuing an ex parte emergency order
32     of protection, the court, as an alternative to or as a
33     supplement to making the findings described in paragraphs
34     (c)(3)(i) through (c)(3)(iii) of this subsection, may use
35     the following procedure:
36         When a verified petition for an emergency order of

 

 

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1     protection in accordance with the requirements of Sections
2     203 and 217 is presented to the court, the court shall
3     examine petitioner on oath or affirmation. An emergency
4     order of protection shall be issued by the court if it
5     appears from the contents of the petition and the
6     examination of petitioner that the averments are
7     sufficient to indicate abuse by respondent and to support
8     the granting of relief under the issuance of the emergency
9     order of protection.
10         (5) Never married parties. No rights or
11     responsibilities for a minor child born outside of marriage
12     attach to a putative father until a father and child
13     relationship has been established under the Illinois
14     Parentage Act of 1984, the Illinois Public Aid Code,
15     Section 12 of the Vital Records Act, the Juvenile Court Act
16     of 1987, the Probate Act of 1985, the Revised Uniform
17     Reciprocal Enforcement of Support Act, the Uniform
18     Interstate Family Support Act, the Expedited Child Support
19     Act of 1990, any judicial, administrative, or other act of
20     another state or territory, any other Illinois statute, or
21     by any foreign nation establishing the father and child
22     relationship, any other proceeding substantially in
23     conformity with the Personal Responsibility and Work
24     Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
25     or where both parties appeared in open court or at an
26     administrative hearing acknowledging under oath or
27     admitting by affirmation the existence of a father and
28     child relationship. Absent such an adjudication, finding,
29     or acknowledgement, no putative father shall be granted
30     temporary custody of the minor child, visitation with the
31     minor child, or physical care and possession of the minor
32     child, nor shall an order of payment for support of the
33     minor child be entered.
34     (d) Balance of hardships; findings. If the court finds that
35 the balance of hardships does not support the granting of a
36 remedy governed by paragraph (2), (3), (10), (11), or (16) of

 

 

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1 subsection (b) of this Section, which may require such
2 balancing, the court's findings shall so indicate and shall
3 include a finding as to whether granting the remedy will result
4 in hardship to respondent that would substantially outweigh the
5 hardship to petitioner from denial of the remedy. The findings
6 shall be an official record or in writing.
7     (e) Denial of remedies. Denial of any remedy shall not be
8 based, in whole or in part, on evidence that:
9         (1) Respondent has cause for any use of force, unless
10     that cause satisfies the standards for justifiable use of
11     force provided by Article VII of the Criminal Code of 1961;
12         (2) Respondent was voluntarily intoxicated;
13         (3) Petitioner acted in self-defense or defense of
14     another, provided that, if petitioner utilized force, such
15     force was justifiable under Article VII of the Criminal
16     Code of 1961;
17         (4) Petitioner did not act in self-defense or defense
18     of another;
19         (5) Petitioner left the residence or household to avoid
20     further abuse, neglect, or exploitation by respondent;
21         (6) Petitioner did not leave the residence or household
22     to avoid further abuse, neglect, or exploitation by
23     respondent;
24         (7) Conduct by any family or household member excused
25     the abuse, neglect, or exploitation by respondent, unless
26     that same conduct would have excused such abuse, neglect,
27     or exploitation if the parties had not been family or
28     household members.
29 (Source: P.A. 93-108, eff. 1-1-04.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     305 ILCS 5/10-10 from Ch. 23, par. 10-10
4     705 ILCS 35/4.4 new
5     705 ILCS 405/1-5 from Ch. 37, par. 801-5
6     705 ILCS 405/2-20 from Ch. 37, par. 802-20
7     705 ILCS 405/2-23 from Ch. 37, par. 802-23
8     705 ILCS 405/3-21 from Ch. 37, par. 803-21
9     705 ILCS 405/3-24 from Ch. 37, par. 803-24
10     705 ILCS 405/4-18 from Ch. 37, par. 804-18
11     705 ILCS 405/4-21 from Ch. 37, par. 804-21
12     725 ILCS 5/112A-7 from Ch. 38, par. 112A-7
13     725 ILCS 5/112A-14 from Ch. 38, par. 112A-14
14     750 ILCS 5/307 new
15     750 ILCS 5/404.05 new
16     750 ILCS 5/411.5 new
17     750 ILCS 5/452.5 new
18     750 ILCS 5/510 from Ch. 40, par. 510
19     750 ILCS 5/606 from Ch. 40, par. 606
20     750 ILCS 5/103 rep.
21     750 ILCS 10/8.5 new
22     750 ILCS 10/8.10 new
23     750 ILCS 22/301
24     750 ILCS 28/40
25     750 ILCS 30/7.5 new
26     750 ILCS 30/9 from Ch. 40, par. 2209
27     750 ILCS 45/13 from Ch. 40, par. 2513
28     750 ILCS 45/14 from Ch. 40, par. 2514
29     750 ILCS 50/5.5 new
30     750 ILCS 60/206 from Ch. 40, par. 2312-6
31     750 ILCS 60/214 from Ch. 40, par. 2312-14