Rep. Chapin Rose
Filed: 4/9/2008
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1 | AMENDMENT TO HOUSE BILL 5121
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2 | AMENDMENT NO. ______. Amend House Bill 5121, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Marriage and Dissolution of | ||||||
6 | Marriage Act is amended by changing Section 602.1 as follows:
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7 | (750 ILCS 5/602.1) (from Ch. 40, par. 602.1)
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8 | Sec. 602.1. (a) The dissolution of marriage, the | ||||||
9 | declaration of
invalidity of marriage, the legal separation of | ||||||
10 | the parents, or the parents
living separate and apart shall not | ||||||
11 | diminish parental powers, rights, and
responsibilities except | ||||||
12 | as the court for good reason may determine under
the standards | ||||||
13 | of Section 602.
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14 | (b) Upon the application of either or both parents, or upon | ||||||
15 | its own motion,
the court shall consider an award of joint | ||||||
16 | custody. Joint custody means
custody determined pursuant to a |
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1 | Joint Parenting Agreement or a Joint Parenting
Order. In such | ||||||
2 | cases, the court shall initially request the parents to produce
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3 | a Joint Parenting Agreement. Such Agreement shall specify each | ||||||
4 | parent's
powers, rights and responsibilities for the personal | ||||||
5 | care of the child and
for major decisions such as education, | ||||||
6 | health care, and religious training.
The Agreement shall | ||||||
7 | further specify a procedure by which proposed changes,
disputes | ||||||
8 | and alleged breaches may be mediated or otherwise resolved and
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9 | shall provide for a periodic review of its terms by the | ||||||
10 | parents. In
producing a Joint Parenting Agreement, the parents | ||||||
11 | shall be flexible in
arriving at resolutions which further the | ||||||
12 | policy of this State as expressed
in Sections 102 and 602. For | ||||||
13 | the purpose of assisting the court in making
a determination | ||||||
14 | whether an award of joint custody is appropriate, the court
may | ||||||
15 | order mediation and may direct that an investigation be | ||||||
16 | conducted
pursuant to the provisions of Section 605. If there | ||||||
17 | is a danger to the health or safety of a partner, joint | ||||||
18 | mediation shall not be required by the court. In the event the | ||||||
19 | parents fail
to produce a Joint Parenting Agreement, the court | ||||||
20 | may enter an appropriate
Joint Parenting Order under the | ||||||
21 | standards of Section 602 which shall
specify and contain the | ||||||
22 | same elements as a Joint Parenting Agreement, or it
may award | ||||||
23 | sole custody under the standards of Sections 602, 607, and 608.
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24 | (c) The court may enter an order of joint custody if it | ||||||
25 | determines
that joint custody would be in the best interests of | ||||||
26 | the child, taking into
account the following:
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1 | (1) the ability of the parents to cooperate effectively | ||||||
2 | and
consistently in matters that directly affect the joint | ||||||
3 | parenting of the child.
"Ability of the parents
to | ||||||
4 | cooperate" means the parents' capacity to substantially | ||||||
5 | comply with a Joint
Parenting Order. The court shall not | ||||||
6 | consider the inability of the parents to
cooperate | ||||||
7 | effectively and consistently in matters that do not | ||||||
8 | directly affect
the joint parenting of the child;
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9 | (2) The residential circumstances of each parent; and
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10 | (3) all other factors which may be relevant to the best | ||||||
11 | interest of the
child.
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12 | (d) Nothing within this section shall imply or presume that | ||||||
13 | joint
custody shall necessarily mean equal parenting time. The | ||||||
14 | physical
residence of the child in joint custodial situations | ||||||
15 | shall be determined by:
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16 | (1) express agreement of the parties; or
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17 | (2) order of the court under the standards of this | ||||||
18 | Section.
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19 | (e) Notwithstanding any other provision of law, access to | ||||||
20 | records and
information pertaining to a child, including but | ||||||
21 | not limited to medical,
dental, child care and school records, | ||||||
22 | shall not be denied to a parent for
the reason that such parent | ||||||
23 | is not the child's custodial parent; however,
no parent shall | ||||||
24 | have access to the school records of a child if the parent
is | ||||||
25 | prohibited by an order of protection from inspecting or | ||||||
26 | obtaining such
records pursuant to the Illinois Domestic |
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1 | Violence Act of 1986, as now or
hereafter amended. No parent | ||||||
2 | who is a named respondent in an order of protection issued | ||||||
3 | pursuant to the Domestic Violence Act of 1986 shall have access | ||||||
4 | to the health care records of a child who is a protected person | ||||||
5 | under that order of protection.
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6 | (Source: P.A. 94-377, eff. 7-29-05.)
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7 | Section 10. The Illinois Domestic Violence Act of 1986 is | ||||||
8 | amended by changing Section 222 as follows:
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9 | (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
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10 | Sec. 222. Notice of orders.
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11 | (a) Entry and issuance. Upon issuance of any order of | ||||||
12 | protection, the
clerk shall immediately, or on the next court | ||||||
13 | day if an emergency order is
issued in accordance with | ||||||
14 | subsection (c) of Section 217,
(i) enter the order on the | ||||||
15 | record and file it
in accordance with the circuit court | ||||||
16 | procedures and (ii) provide a file stamped
copy of the order to | ||||||
17 | respondent, if
present, and to petitioner.
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18 | (b) Filing with sheriff. The clerk of the issuing judge | ||||||
19 | shall, or
the petitioner may, on the same day that an order of | ||||||
20 | protection is
issued, file a certified copy of that order with | ||||||
21 | the sheriff or other law
enforcement officials charged with | ||||||
22 | maintaining Department of State Police
records or charged with | ||||||
23 | serving the order upon respondent.
If the order was issued in | ||||||
24 | accordance with subsection (c) of Section 217,
the clerk
shall |
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1 | on the next court day, file a certified copy of the order with | ||||||
2 | the
Sheriff or other law enforcement officials charged with | ||||||
3 | maintaining Department
of State Police records.
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4 | (c) Service by sheriff. Unless respondent was present in | ||||||
5 | court when the
order was issued, the sheriff, other law | ||||||
6 | enforcement official or special
process server shall
promptly | ||||||
7 | serve that order upon respondent and file proof of such | ||||||
8 | service,
in the manner provided for service of process in civil | ||||||
9 | proceedings.
Instead of serving the order upon the respondent, | ||||||
10 | however, the sheriff, other
law enforcement official, or | ||||||
11 | special process server may serve the respondent
with a short | ||||||
12 | form notification as provided in Section 222.10.
If
process has | ||||||
13 | not yet been served upon the respondent, it shall be served
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14 | with the order or short form notification. A single fee may be | ||||||
15 | charged for
service of an order
obtained in civil court, or for | ||||||
16 | service of such an order together with
process, unless waived | ||||||
17 | or deferred under Section 210.
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18 | (c-5) If the person against whom the order of protection is | ||||||
19 | issued is
arrested and the written order is issued in | ||||||
20 | accordance with subsection (c) of
Section 217
and received by | ||||||
21 | the custodial law enforcement agency before the respondent or
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22 | arrestee is released from custody, the custodial law | ||||||
23 | enforcement agent shall
promptly serve the order upon the | ||||||
24 | respondent or arrestee before the
respondent or arrestee is | ||||||
25 | released from custody. In no event shall detention
of the | ||||||
26 | respondent or arrestee be extended for hearing on the petition |
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1 | for order
of protection or receipt of the order issued under | ||||||
2 | Section 217 of this Act.
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3 | (d) Extensions, modifications and revocations. Any order | ||||||
4 | extending,
modifying or revoking any order of protection shall | ||||||
5 | be promptly recorded,
issued and served as provided in this | ||||||
6 | Section.
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7 | (e) Notice to schools. Upon the request of the petitioner, | ||||||
8 | within 24
hours of the issuance of an order of
protection, the | ||||||
9 | clerk of the issuing judge shall
send written notice of the | ||||||
10 | order of protection along with a certified copy of
the order of | ||||||
11 | protection to the day-care facility,
pre-school or | ||||||
12 | pre-kindergarten, or private school or the principal
office of | ||||||
13 | the public school district or any college or university in | ||||||
14 | which any child who
is a protected person under the order of | ||||||
15 | protection or any child
of
the
petitioner is enrolled.
If the | ||||||
16 | child transfers enrollment to another day-care facility, | ||||||
17 | pre-school,
pre-kindergarten,
private school, public school, | ||||||
18 | college, or university, the petitioner may,
within 24 hours
of | ||||||
19 | the transfer, send to the clerk written notice of the transfer, | ||||||
20 | including
the name and
address of the institution to which the | ||||||
21 | child is transferring.
Within 24 hours of receipt of notice
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22 | from the petitioner that a child is transferring to another | ||||||
23 | day-care facility,
pre-school, pre-kindergarten, private | ||||||
24 | school, public school, college, or
university, the clerk shall | ||||||
25 | send written notice of the order of protection,
along with a | ||||||
26 | certified copy of the order, to the institution to which the |
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1 | child
is
transferring.
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2 | (f) Disclosure by schools. After receiving a certified copy | ||||||
3 | of an order
of protection that prohibits a respondent's access | ||||||
4 | to records, neither a
day-care facility, pre-school, | ||||||
5 | pre-kindergarten, public
or private school, college, or | ||||||
6 | university nor its employees shall allow a
respondent access to | ||||||
7 | a
protected child's records or release information in those | ||||||
8 | records to the
respondent. The school shall file
the copy of | ||||||
9 | the order of protection in the records of a child who
is a | ||||||
10 | protected person under the order of protection. When a child | ||||||
11 | who is a
protected person under the order of protection | ||||||
12 | transfers to another day-care
facility, pre-school, | ||||||
13 | pre-kindergarten, public or private school, college, or
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14 | university, the institution from which the child is | ||||||
15 | transferring may, at the
request of the petitioner, provide,
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16 | within 24 hours of the transfer, written notice of the order of | ||||||
17 | protection,
along with a certified copy of the order, to the | ||||||
18 | institution to which the child
is
transferring.
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19 | (g) Notice to health care facilities and health care | ||||||
20 | practitioners. Upon the request of the petitioner, the clerk of | ||||||
21 | the circuit court shall send a certified copy of the order of | ||||||
22 | protection to any specified health care facility or health care | ||||||
23 | practitioner requested by the petitioner at the mailing address | ||||||
24 | provided by the petitioner. | ||||||
25 | (h) Disclosure by health care facilities and health care | ||||||
26 | practitioners. After receiving a certified copy of an order of |
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1 | protection that prohibits a respondent's access to records, no | ||||||
2 | health care facility or health care practitioner shall allow a | ||||||
3 | respondent access to the records of any child who is a | ||||||
4 | protected person under the order of protection, or release | ||||||
5 | information in those records to the respondent, unless the | ||||||
6 | order has expired or the respondent shows a certified copy of | ||||||
7 | the court order vacating the corresponding order of protection | ||||||
8 | that was sent to the health care facility or practitioner. | ||||||
9 | Nothing in this Section shall be construed to require health | ||||||
10 | care facilities or health care practitioners to alter | ||||||
11 | procedures related to billing and payment. The health care | ||||||
12 | facility or health care practitioner may file the copy of the | ||||||
13 | order of protection in the records of a child who is protected | ||||||
14 | person under the order of protection, or may employ any other | ||||||
15 | method to identify the records to which respondent is | ||||||
16 | prohibited access. No health care facility or health care | ||||||
17 | practitioner shall be civilly or professionally liable for | ||||||
18 | reliance on a copy of an order of protection, except for | ||||||
19 | willful and wanton misconduct. | ||||||
20 | (Source: P.A. 92-90, eff. 7-18-01; 92-162, eff. 1-1-02;
92-651, | ||||||
21 | eff. 7-11-02.)".
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