Illinois General Assembly - Full Text of HB0360
Illinois General Assembly

Previous General Assemblies

Full Text of HB0360  94th General Assembly



HB0360 Enrolled LRB094 02474 LCB 32475 b

1     AN ACT concerning families.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Illinois Marriage and Dissolution of
5 Marriage Act is amended by changing Sections 506 and 608 as
6 follows:
7     (750 ILCS 5/506)  (from Ch. 40, par. 506)
8     Sec. 506. Representation of child.
9     (a) Duties. In any proceedings involving the support,
10 custody, visitation, education, parentage, property interest,
11 or general welfare of a minor or dependent child, the court
12 may, on its own motion or that of any party, and subject to the
13 terms or specifications the court determines, appoint an
14 attorney to serve in one of the following capacities to address
15 the issues the court delineates:
16         (1) Attorney. The attorney shall provide independent
17     legal counsel for the child and shall owe the same duties
18     of undivided loyalty, confidentiality, and competent
19     representation as are due an adult client. as an attorney
20     to represent the child;
21         (2) Guardian ad litem. The guardian ad litem shall
22     testify or submit a written report to the court regarding
23     his or her recommendations in accordance with the best
24     interest of the child. The report shall be made available
25     to all parties. The guardian ad litem may be called as a
26     witness for purposes of cross-examination regarding the
27     guardian ad litem's report or recommendations. The
28     guardian ad litem shall investigate the facts of the case
29     and interview the child and the parties. as a guardian ad
30     litem to address issues the court delineates;
31         (3) Child representative. The child representative
32     shall as a child's representative whose duty shall be to



HB0360 Enrolled - 2 - LRB094 02474 LCB 32475 b

1     advocate what the child representative finds to be in the
2     best interests of the child after reviewing the facts and
3     circumstances of the case. The child representative shall
4     meet with the child and the parties, investigate the facts
5     of the case, and encourage settlement and the use of
6     alternative forms of dispute resolution. The child child's
7     representative shall have the same power and authority and
8     obligation to participate take part in the conduct of the
9     litigation as does an attorney for a party and shall
10     possess all the powers of investigation and recommendation
11     as does a guardian ad litem. The child child's
12     representative shall consider, but not be bound by, the
13     expressed wishes of the child. A child child's
14     representative shall have received training in child
15     advocacy or shall possess such experience as determined to
16     be equivalent to such training by the chief judge of the
17     circuit where the child child's representative has been
18     appointed. The child child's representative shall not
19     disclose confidential communications made by the child,
20     except as required by law or by the Rules of Professional
21     Conduct. The child child's representative shall not render
22     an opinion, recommendation, or report to the court and
23     shall not be called as a witness, but shall offer
24     evidence-based legal arguments regarding the issues set
25     forth in this subsection. The child representative shall
26     disclose the position as to what the child representative
27     intends to advocate in a pre-trial memorandum that shall be
28     served upon all counsel of record prior to the trial. The
29     position disclosed in the pre-trial memorandum shall not be
30     considered evidence. The court and the parties may consider
31     the position of the child representative for purposes of a
32     settlement conference.
33     (a-3) Additional appointments. During the proceedings the
34 court may appoint an additional attorney to serve in the
35 capacity described in subdivision (a)(1) or an additional
36 attorney to serve in another of the capacities described in



HB0360 Enrolled - 3 - LRB094 02474 LCB 32475 b

1 subdivision subdivisions (a)(1), (a)(2), or (a)(3) on the
2 court's its own motion or that of a party only for good cause
3 shown and when the reasons for the additional appointment are
4 set forth in specific findings.
5     (a-5) Appointment considerations. In deciding whether to
6 make an appointment of an attorney for the minor child, a
7 guardian ad litem, or a child representative, the court shall
8 consider the nature and adequacy of the evidence to be
9 presented by the parties and the availability of other methods
10 of obtaining information, including social service
11 organizations and evaluations by mental health professions, as
12 well as resources for payment.
13     In no event is this Section intended to or designed to
14 abrogate the decision making power of the trier of fact. Any
15 appointment made under this Section is not intended to nor
16 should it serve to place any appointed individual in the role
17 of a surrogate judge.
18     (b) Fees and costs. The court shall enter an order as
19 appropriate for costs, fees, and disbursements, including a
20 retainer, when the attorney, guardian ad litem, or child's
21 representative is appointed, and thereafter as necessary. Any
22 person appointed under this Section shall file with the court
23 within 90 days of his or her appointment, and every subsequent
24 90-day period thereafter during the course of his or her
25 representation, a detailed invoice for services rendered with a
26 copy being sent to each party. The court shall review the
27 invoice submitted and approve the fees, if they are reasonable
28 and necessary. Any order approving the fees Such orders shall
29 require payment by either or both parents, by any other party
30 or source, or from the marital estate or the child's separate
31 estate. The court may not order payment by the Illinois
32 Department of Public Aid in cases in which the Department is
33 providing child support enforcement services under Article X of
34 the Illinois Public Aid Code. Unless otherwise ordered by the
35 court at the time fees and costs are approved, all fees and
36 costs payable to an attorney, guardian ad litem, or child



HB0360 Enrolled - 4 - LRB094 02474 LCB 32475 b

1 child's representative under this Section are by implication
2 deemed to be in the nature of support of the child and are
3 within the exceptions to discharge in bankruptcy under 11
4 U.S.C.A. 523. The provisions of Sections 501 and 508 of this
5 Act shall apply to fees and costs for attorneys appointed under
6 this Section.
7 (Source: P.A. 91-410, eff. 1-1-00; 92-590, eff. 7-1-02.)
8     (750 ILCS 5/608)  (from Ch. 40, par. 608)
9     Sec. 608. Judicial Supervision.
10     (a) Except as otherwise agreed by the parties in writing at
11 the time of the custody judgment or as otherwise ordered by the
12 court, the custodian may determine the child's upbringing,
13 including but not limited to, his education, health care and
14 religious training, unless the court, after hearing, finds,
15 upon motion by the noncustodial parent, that the absence of a
16 specific limitation of the custodian's authority would clearly
17 be contrary to the best interests of the child.
18     (b) If both parents or all contestants agree to the order,
19 or if the court finds that in the absence of agreement the
20 child's physical health would be endangered or his emotional
21 development significantly impaired, the court may order the
22 Department of Children and Family Services to exercise
23 continuing supervision over the case to assure that the
24 custodial or visitation terms of the judgment are carried out.
25 Supervision shall be carried out under the provisions of
26 Section 5 of the Children and Family Services Act.
27     (c) The court may order individual counseling for the
28 child, family counseling for one or more of the parties and the
29 child, or parental education for one or more of the parties,
30 when it finds one or more of the following:
31         (1) both parents or all parties agree to the order;
32         (2) the court finds that the child's physical health is
33     endangered or his or her emotional development is impaired
34     including, but not limited to, a finding of visitation
35     abuse as defined by Section 607.1; or



HB0360 Enrolled - 5 - LRB094 02474 LCB 32475 b

1         (3) the court finds that one or both of the parties
2     have violated the joint parenting agreement with regard to
3     conduct affecting or in the presence of the child.
4     (d) If the court finds that one or more of the parties has
5 violated an order of the court with regards to custody,
6 visitation, or joint parenting, the court shall assess the
7 costs of counseling against the violating party or parties.
8 Otherwise, the court may apportion the costs between the
9 parties as appropriate.
10     (e) The remedies provided in this Section are in addition
11 to, and shall not diminish or abridge in any way, the court's
12 power to exercise its authority through contempt or other
13 proceedings.
14     (f) All counseling sessions shall be confidential. The
15 communications in counseling shall not be used in any manner in
16 litigation nor relied upon by any expert appointed by the court
17 or retained by any party.
18 (Source: P.A. 87-824.)