Full Text of HB0185 101st General Assembly
HB0185ham001 101ST GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 3/11/2019
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| 1 | | AMENDMENT TO HOUSE BILL 185
| 2 | | AMENDMENT NO. ______. Amend House Bill 185 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Marriage and Dissolution of | 5 | | Marriage Act is amended by changing Sections 602.5 and 602.7 as | 6 | | follows: | 7 | | (750 ILCS 5/602.5) | 8 | | Sec. 602.5. Allocation of parental responsibilities: | 9 | | decision-making. | 10 | | (a) Generally. The court shall allocate decision-making | 11 | | responsibilities according to the child's best interests. | 12 | | Nothing in this Act requires that each parent be allocated | 13 | | decision-making responsibilities. | 14 | | (b) Allocation of significant decision-making | 15 | | responsibilities. Unless the parents otherwise agree in | 16 | | writing on an allocation of significant decision-making |
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| 1 | | responsibilities, or the issue of the allocation of parental | 2 | | responsibilities has been reserved under Section 401, the court | 3 | | shall make the determination. The court shall allocate to one | 4 | | or both of the parents the significant decision-making | 5 | | responsibility for each significant issue affecting the child. | 6 | | Those significant issues shall include, without limitation, | 7 | | the following: | 8 | | (1) Education, including the choice of schools and | 9 | | tutors. | 10 | | (2) Health, including all decisions relating to the | 11 | | medical, dental, and psychological needs of the child and | 12 | | to the treatments arising or resulting from those needs. | 13 | | (3) Religion, subject to the following provisions: | 14 | | (A) The court shall allocate decision-making | 15 | | responsibility for the child's religious upbringing in | 16 | | accordance with any express or implied agreement | 17 | | between the parents. | 18 | | (B) The court shall consider evidence of the | 19 | | parents' past conduct as to the child's religious | 20 | | upbringing in allocating decision-making | 21 | | responsibilities consistent with demonstrated past | 22 | | conduct in the absence of an express or implied | 23 | | agreement between the parents. | 24 | | (C) The court shall not allocate any aspect of the | 25 | | child's religious upbringing if it determines that the | 26 | | parents do not or did not have an express or implied |
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| 1 | | agreement for such religious upbringing or that there | 2 | | is insufficient evidence to demonstrate a course of | 3 | | conduct regarding the child's religious upbringing | 4 | | that could serve as a basis for any such order. | 5 | | (4) Extracurricular activities. | 6 | | (c) Determination of child's best interests. In | 7 | | determining the child's best interests for purposes of | 8 | | allocating significant decision-making responsibilities, the | 9 | | court shall consider all relevant factors, including, without | 10 | | limitation, the following: | 11 | | (1) the wishes of the child, taking into account the | 12 | | child's maturity and ability to express reasoned and | 13 | | independent preferences as to decision-making; | 14 | | (2) the child's adjustment to his or her home, school, | 15 | | and community; | 16 | | (3) the mental and physical health of all individuals | 17 | | involved; | 18 | | (4) the ability of the parents to cooperate to make | 19 | | decisions, or the level of conflict between the parties | 20 | | that may affect their ability to share decision-making; | 21 | | (5) the level of each parent's participation in past | 22 | | significant decision-making with respect to the child; | 23 | | (6) any prior agreement or course of conduct between | 24 | | the parents relating to decision-making with respect to the | 25 | | child;
| 26 | | (7) the wishes of the parents; |
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| 1 | | (8) the child's needs; | 2 | | (9) the distance between the parents' residences, the | 3 | | cost and difficulty of transporting the child, each | 4 | | parent's and the child's daily schedules, and the ability | 5 | | of the parents to cooperate in the arrangement; | 6 | | (10) whether a restriction on decision-making is | 7 | | appropriate under Section 603.10;
| 8 | | (11) the willingness and ability of each parent to | 9 | | facilitate and encourage a close and continuing | 10 | | relationship between the other parent and the child; | 11 | | (12) the physical violence or threat of physical | 12 | | violence by the child's parent directed against the child; | 13 | | (13) the occurrence of abuse against the child or other | 14 | | member of the child's household; | 15 | | (14) whether one of the parents is a sex offender, and | 16 | | if so, the exact nature of the offense and what, if any, | 17 | | treatment in which the parent has successfully | 18 | | participated; and
| 19 | | (15) any other factor that the court expressly finds to | 20 | | be relevant.
| 21 | | (d) A parent shall have sole responsibility for making | 22 | | routine decisions with respect to the child and for emergency | 23 | | decisions affecting the child's health and safety during that | 24 | | parent's parenting time. | 25 | | (e) In allocating significant decision-making | 26 | | responsibilities, the court shall not consider conduct of a |
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| 1 | | parent that does not affect that parent's relationship to the | 2 | | child.
| 3 | | (Source: P.A. 99-90, eff. 1-1-16 .) | 4 | | (750 ILCS 5/602.7)
| 5 | | Sec. 602.7. Allocation of parental responsibilities: | 6 | | parenting time. | 7 | | (a) Best interests. The court shall allocate parenting time | 8 | | according to the child's best interests.
| 9 | | (b) Allocation of parenting time. Unless the parents | 10 | | present a mutually agreed written parenting plan and that plan | 11 | | is approved by the court, the court shall allocate parenting | 12 | | time. It is presumed both parents are fit and fit parents act | 13 | | in the best interest of their children, therefore the court | 14 | | shall not place any restrictions on parenting time as defined | 15 | | in Section 600 and described in Section 603.10, unless it finds | 16 | | by a preponderance of the evidence that a parent's exercise of | 17 | | parenting time would seriously endanger the child's physical, | 18 | | mental, moral, or emotional health. | 19 | | In determining the child's best interests for purposes of | 20 | | allocating parenting time, the court shall consider all | 21 | | relevant factors, including, without limitation, the | 22 | | following: | 23 | | (1) the wishes of each parent seeking parenting time; | 24 | | (2) the wishes of the child, taking into account the | 25 | | child's maturity and ability to express reasoned and |
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| 1 | | independent preferences as to parenting time; | 2 | | (3) (blank); the amount of time each parent spent | 3 | | performing caretaking functions with respect to the child | 4 | | in the 24 months preceding the filing of any petition for | 5 | | allocation of parental responsibilities or, if the child is | 6 | | under 2 years of age, since the child's birth; | 7 | | (4) any prior agreement or course of conduct between | 8 | | the parents relating to caretaking functions with respect | 9 | | to the child; | 10 | | (5) the interaction and interrelationship of the child | 11 | | with his or her parents and siblings and with any other | 12 | | person who may significantly affect the child's best | 13 | | interests; | 14 | | (6) the child's adjustment to his or her home, school, | 15 | | and community; | 16 | | (7) the mental and physical health of all individuals | 17 | | involved; | 18 | | (8) the child's needs; | 19 | | (9) the distance between the parents' residences, the | 20 | | cost and difficulty of transporting the child, each | 21 | | parent's and the child's daily schedules, and the ability | 22 | | of the parents to cooperate in the arrangement; | 23 | | (10) whether a restriction on parenting time is | 24 | | appropriate; | 25 | | (11) the physical violence or threat of physical | 26 | | violence by the child's parent directed against the child |
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| 1 | | or other member of the child's household; | 2 | | (12) the willingness and ability of each parent to | 3 | | place the needs of the child ahead of his or her own needs; | 4 | | (13) the willingness and ability of each parent to | 5 | | facilitate and encourage a close and continuing | 6 | | relationship between the other parent and the child; | 7 | | (14) the occurrence of abuse against the child or other | 8 | | member of the child's household; | 9 | | (15) whether one of the parents is a convicted sex | 10 | | offender or lives with a convicted sex offender and, if so, | 11 | | the exact nature of the offense and what if any treatment | 12 | | the offender has successfully participated in; the parties | 13 | | are entitled to a hearing on the issues raised in this | 14 | | paragraph (15); | 15 | | (16) the terms of a parent's military family-care plan | 16 | | that a parent must complete before deployment if a parent | 17 | | is a member of the United States Armed Forces who is being | 18 | | deployed; and | 19 | | (17) any other factor that the court expressly finds to | 20 | | be relevant. | 21 | | (c) In allocating parenting time, the court shall not | 22 | | consider conduct of a parent that does not affect that parent's | 23 | | relationship to the child.
| 24 | | (d) Upon motion, the court may allow a parent who is | 25 | | deployed or who has orders to be deployed as a member of the | 26 | | United States Armed Forces to designate a person known to the |
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| 1 | | child to exercise reasonable substitute visitation on behalf of | 2 | | the deployed parent, if the court determines that substitute | 3 | | visitation is in the best interests of the child. In | 4 | | determining whether substitute visitation is in the best | 5 | | interests of the child, the court shall consider all of the | 6 | | relevant factors listed in subsection (b) of this Section and | 7 | | apply those factors to the person designated as a substitute | 8 | | for the deployed parent for visitation purposes. Visitation | 9 | | orders entered under this subsection are subject to subsections | 10 | | (e) and (f) of Section 602.9 and subsections (c) and (d) of | 11 | | Section 603.10. | 12 | | (e) If the street address of a parent is not identified | 13 | | pursuant to Section 708 of this Act, the court shall require | 14 | | the parties to identify reasonable alternative arrangements | 15 | | for parenting time by the other parent including, but not | 16 | | limited to, parenting time of the minor child at the residence | 17 | | of another person or at a local public or private facility.
| 18 | | (Source: P.A. 99-90, eff. 1-1-16 .)".
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