Full Text of HB3182 101st General Assembly
HB3182 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3182 Introduced , 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 a statewide organization advocating for survivors of domestic violence shall offer the training to become a guardian ad litem.
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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. | 14 | | (3) Child representative. The child representative | 15 | | shall advocate what the
child representative finds to be in | 16 | | the best interests of the child after reviewing
the facts | 17 | | and circumstances of the case. The child representative | 18 | | shall meet with the child and the parties, investigate the | 19 | | facts of the case, and encourage settlement and the use of | 20 | | alternative forms of dispute resolution. The child | 21 | | representative shall have
the same authority and | 22 | | obligation to participate in the litigation as
does an | 23 | | attorney for a party and shall possess all the powers of | 24 | | investigation
as does a guardian ad litem. The child | 25 | | representative
shall consider, but not be bound by, the | 26 | | expressed wishes of the child. A
child representative shall |
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| 1 | | have received training in child advocacy or shall
possess | 2 | | such experience as determined to be equivalent to such | 3 | | training by the
chief judge of the circuit where the child | 4 | | representative has been appointed.
The
child | 5 | | representative shall not disclose confidential | 6 | | communications made
by the child, except as required by law | 7 | | or by the Rules of Professional
Conduct. The child | 8 | | representative shall not render an opinion, | 9 | | recommendation, or report to the court and shall not be | 10 | | called as a witness, but shall offer evidence-based legal | 11 | | arguments. The child representative shall disclose the | 12 | | position as to what the child representative intends to | 13 | | advocate in a pre-trial memorandum that shall be served | 14 | | upon all counsel of record prior to the trial. The position | 15 | | disclosed in the pre-trial memorandum shall not be | 16 | | considered evidence. The court and the parties may consider | 17 | | the position of the child representative for purposes of a | 18 | | settlement conference.
| 19 | | (a-3) Additional appointments. During the proceedings the | 20 | | court may appoint an additional attorney to
serve in the | 21 | | capacity described in subdivision (a)(1) or an additional | 22 | | attorney to serve in another of the capacities described in | 23 | | subdivision (a)(2) or
(a)(3) on
the court's own motion or that | 24 | | of a party only for good cause shown and when the
reasons for | 25 | | the additional appointment are set forth in specific findings.
| 26 | | (a-5) Appointment considerations. In deciding whether to |
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| 1 | | make an appointment of an attorney for the minor child, a | 2 | | guardian ad litem, or a child representative, the court shall | 3 | | consider the nature and adequacy of the evidence to be | 4 | | presented by the parties and the availability of other methods | 5 | | of obtaining information, including social service | 6 | | organizations and evaluations by mental health professions, as | 7 | | well as resources for payment.
| 8 | | In no event is this Section intended to or designed to | 9 | | abrogate the decision making power of the trier of fact. Any | 10 | | appointment made under this Section is not intended to nor | 11 | | should it serve to place any appointed individual in the role | 12 | | of a surrogate judge.
| 13 | | (b) Fees and costs. The court shall enter an order as | 14 | | appropriate for
costs, fees, and disbursements, including a | 15 | | retainer, when the attorney,
guardian ad litem, or child's | 16 | | representative is appointed. Any person appointed under this | 17 | | Section shall file with the court within 90 days of his or her | 18 | | appointment, and every subsequent 90-day period thereafter | 19 | | during the course of his or her representation, a detailed | 20 | | invoice for services rendered with a copy being sent to each | 21 | | party. The court shall review the invoice submitted and approve | 22 | | the fees, if they are reasonable and necessary. Any order | 23 | | approving the fees shall require payment by either or both | 24 | | parents, by any
other party or source, or from the marital | 25 | | estate or the child's separate
estate.
The court may not order | 26 | | payment by the Department of Healthcare and Family Services
in |
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| 1 | | cases in which the Department is providing child support
| 2 | | enforcement services
under Article X of the Illinois Public Aid | 3 | | Code. Unless otherwise ordered by
the
court at the time fees | 4 | | and costs are
approved, all fees and costs payable to an | 5 | | attorney, guardian ad litem, or
child representative under this | 6 | | Section are by implication deemed to be in
the nature of | 7 | | support of the child and are within the exceptions to discharge
| 8 | | in bankruptcy under 11 U.S.C.A. 523. The provisions of Sections | 9 | | 501 and 508 of
this Act shall apply to fees and costs for | 10 | | attorneys appointed under this
Section.
| 11 | | (Source: P.A. 99-90, eff. 1-1-16 .)
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