Full Text of HB0795 102nd General Assembly
HB0795 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0795 Introduced 2/10/2021, by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED: |
| 750 ILCS 5/506 | from Ch. 40, par. 506 |
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Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, in a case involving dissolution of marriage, declaration of invalidity of marriage, allocation of parental responsibilities, or domestic violence, the court shall only appoint a guardian ad litem if the guardian ad litem has completed 20 hours of classroom training and 20 hours of training by a domestic abuse advocate to become a guardian ad litem. Provides that the training to become a guardian ad litem shall be offered by a statewide organization advocating for survivors of domestic violence. Provides that the new requirements do not apply to a unit of State or local government providing services, or a public defender's office associated with a unit of State or local government.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 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 Section 506 as follows:
| 6 | | (750 ILCS 5/506) (from Ch. 40, par. 506)
| 7 | | Sec. 506. Representation of child.
| 8 | | (a) Duties. In any proceedings involving the support, | 9 | | custody,
visitation, allocation of parental responsibilities, | 10 | | education, parentage, property interest, or general welfare of | 11 | | a
minor or dependent child, the court may, on its own motion or | 12 | | that of any
party, appoint
an attorney to serve in one of the | 13 | | following capacities to address the issues the court | 14 | | delineates:
| 15 | | (1) Attorney. The attorney shall provide independent | 16 | | legal counsel for the child and shall owe the same duties | 17 | | of undivided loyalty, confidentiality, and competent | 18 | | representation as are due an adult client.
| 19 | | (2) Guardian ad litem. The guardian ad litem shall | 20 | | testify or submit a written report to the court regarding | 21 | | his or her recommendations in accordance with the best | 22 | | interest of the child. The report shall be made available | 23 | | to all parties. The guardian ad litem may be called as a |
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| 1 | | witness for purposes of cross-examination regarding the | 2 | | guardian ad litem's report or recommendations. The | 3 | | guardian ad litem shall investigate the facts of the case | 4 | | and interview the child and the parties.
| 5 | | In a case involving dissolution of marriage, | 6 | | declaration of invalidity of marriage, allocation of | 7 | | parental responsibilities, or domestic violence, the court | 8 | | shall only appoint a guardian ad litem if the guardian ad | 9 | | litem has completed 20 hours of classroom training and 20 | 10 | | hours of training by a domestic abuse advocate to become a | 11 | | guardian ad litem. The training to become a guardian ad | 12 | | litem shall be offered by a statewide organization | 13 | | advocating for survivors of domestic violence. This | 14 | | subsection does not apply to a unit of State or local | 15 | | government providing services, or a public defender's | 16 | | office associated with a unit of State or local | 17 | | government. | 18 | | (3) Child representative. The child representative | 19 | | shall advocate what the
child representative finds to be | 20 | | in the best interests of the child after reviewing
the | 21 | | facts and circumstances of the case. The child | 22 | | representative shall meet with the child and the parties, | 23 | | investigate the facts of the case, and encourage | 24 | | settlement and the use of alternative forms of dispute | 25 | | resolution. The child representative shall have
the same | 26 | | authority and obligation to participate in the litigation |
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| 1 | | as
does an attorney for a party and shall possess all the | 2 | | powers of investigation
as does a guardian ad litem. The | 3 | | child representative
shall consider, but not be bound by, | 4 | | the expressed wishes of the child. A
child representative | 5 | | shall have received training in child advocacy or shall
| 6 | | possess such experience as determined to be equivalent to | 7 | | such training by the
chief judge of the circuit where the | 8 | | child representative has been appointed.
The
child | 9 | | representative shall not disclose confidential | 10 | | communications made
by the child, except as required by | 11 | | law or by the Rules of Professional
Conduct. The child | 12 | | representative shall not render an opinion, | 13 | | recommendation, or report to the court and shall not be | 14 | | called as a witness, but shall offer evidence-based legal | 15 | | arguments. The child representative shall disclose the | 16 | | position as to what the child representative intends to | 17 | | advocate in a pre-trial memorandum that shall be served | 18 | | upon all counsel of record prior to the trial. The | 19 | | position disclosed in the pre-trial memorandum shall not | 20 | | be considered evidence. The court and the parties may | 21 | | consider the position of the child representative for | 22 | | purposes of a settlement conference.
| 23 | | (a-3) Additional appointments. During the proceedings the | 24 | | court may appoint an additional attorney to
serve in the | 25 | | capacity described in subdivision (a)(1) or an additional | 26 | | attorney to serve in another of the capacities described in |
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| 1 | | subdivision (a)(2) or
(a)(3) on
the court's own motion or that | 2 | | of a party only for good cause shown and when the
reasons for | 3 | | the additional appointment are set forth in specific findings.
| 4 | | (a-5) Appointment considerations. In deciding whether to | 5 | | make an appointment of an attorney for the minor child, a | 6 | | guardian ad litem, or a child representative, the court shall | 7 | | consider the nature and adequacy of the evidence to be | 8 | | presented by the parties and the availability of other methods | 9 | | of obtaining information, including social service | 10 | | organizations and evaluations by mental health professions, as | 11 | | well as resources for payment.
| 12 | | In no event is this Section intended to or designed to | 13 | | abrogate the decision making power of the trier of fact. Any | 14 | | appointment made under this Section is not intended to nor | 15 | | should it serve to place any appointed individual in the role | 16 | | of a surrogate judge.
| 17 | | (b) Fees and costs. The court shall enter an order as | 18 | | appropriate for
costs, fees, and disbursements, including a | 19 | | retainer, when the attorney,
guardian ad litem, or child's | 20 | | representative is appointed. Any person appointed under this | 21 | | Section shall file with the court within 90 days of his or her | 22 | | appointment, and every subsequent 90-day period thereafter | 23 | | during the course of his or her representation, a detailed | 24 | | invoice for services rendered with a copy being sent to each | 25 | | party. The court shall review the invoice submitted and | 26 | | approve the fees, if they are reasonable and necessary. Any |
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| 1 | | order approving the fees shall require payment by either or | 2 | | both parents, by any
other party or source, or from the marital | 3 | | estate or the child's separate
estate.
The court may not order | 4 | | payment by the Department of Healthcare and Family Services
in | 5 | | cases in which the Department is providing child support
| 6 | | enforcement services
under Article X of the Illinois Public | 7 | | Aid Code. Unless otherwise ordered by
the
court at the time | 8 | | fees and costs are
approved, all fees and costs payable to an | 9 | | attorney, guardian ad litem, or
child representative under | 10 | | this Section are by implication deemed to be in
the nature of | 11 | | support of the child and are within the exceptions to | 12 | | discharge
in bankruptcy under 11 U.S.C.A. 523. The provisions | 13 | | of Sections 501 and 508 of
this Act shall apply to fees and | 14 | | costs for attorneys appointed under this
Section.
| 15 | | (Source: P.A. 99-90, eff. 1-1-16 .)
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