Full Text of HB4121 102nd General Assembly
HB4121 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4121 Introduced 9/3/2021, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: |
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750 ILCS 5/506 | from Ch. 40, par. 506 |
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Amends the Illinois Marriage and Dissolution of Marriage Act. Requires any individual serving in the role of guardian ad litem or child representative to meet with both parties and the child every 90 days. Provides that the first meeting shall occur within 90 days of appointment and a meeting shall occur in every subsequent 90-day period until the conclusion of the case. Requires the guardian ad litem or child representative to file with the court, within 90 days of his or her appointment and once in every subsequent 90-day period during the course of his or her representation, a document confirming that the guardian ad litem or child representative has met with both parties.
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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 | | (3) Child representative. The child representative | 6 | | shall advocate what the
child representative finds to be | 7 | | in the best interests of the child after reviewing
the | 8 | | facts and circumstances of the case. The child | 9 | | representative shall meet with the child and the parties, | 10 | | investigate the facts of the case, and encourage | 11 | | settlement and the use of alternative forms of dispute | 12 | | resolution. The child representative shall have
the same | 13 | | authority and obligation to participate in the litigation | 14 | | as
does an attorney for a party and shall possess all the | 15 | | powers of investigation
as does a guardian ad litem. The | 16 | | child representative
shall consider, but not be bound by, | 17 | | the expressed wishes of the child. A
child representative | 18 | | shall have received training in child advocacy or shall
| 19 | | possess such experience as determined to be equivalent to | 20 | | such training by the
chief judge of the circuit where the | 21 | | child representative has been appointed.
The
child | 22 | | representative shall not disclose confidential | 23 | | communications made
by the child, except as required by | 24 | | law or by the Rules of Professional
Conduct. The child | 25 | | representative shall not render an opinion, | 26 | | recommendation, or report to the court and shall not be |
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| 1 | | called as a witness, but shall offer evidence-based legal | 2 | | arguments. The child representative shall disclose the | 3 | | position as to what the child representative intends to | 4 | | advocate in a pre-trial memorandum that shall be served | 5 | | upon all counsel of record prior to the trial. The | 6 | | position disclosed in the pre-trial memorandum shall not | 7 | | be considered evidence. The court and the parties may | 8 | | consider the position of the child representative for | 9 | | purposes of a settlement conference.
| 10 | | (a-3) Additional appointments. During the proceedings the | 11 | | court may appoint an additional attorney to
serve in the | 12 | | capacity described in subdivision (a)(1) or an additional | 13 | | attorney to serve in another of the capacities described in | 14 | | subdivision (a)(2) or
(a)(3) on
the court's own motion or that | 15 | | of a party only for good cause shown and when the
reasons for | 16 | | the additional appointment are set forth in specific findings.
| 17 | | (a-5) Appointment considerations. In deciding whether to | 18 | | make an appointment of an attorney for the minor child, a | 19 | | guardian ad litem, or a child representative, the court shall | 20 | | consider the nature and adequacy of the evidence to be | 21 | | presented by the parties and the availability of other methods | 22 | | of obtaining information, including social service | 23 | | organizations and evaluations by mental health professions, as | 24 | | well as resources for payment.
| 25 | | In no event is this Section intended to or designed to | 26 | | abrogate the decision making power of the trier of fact. Any |
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| 1 | | appointment made under this Section is not intended to nor | 2 | | should it serve to place any appointed individual in the role | 3 | | of a surrogate judge.
| 4 | | (b) Fees and costs. The court shall enter an order as | 5 | | appropriate for
costs, fees, and disbursements, including a | 6 | | retainer, when the attorney,
guardian ad litem, or child's | 7 | | representative is appointed. Any person appointed under this | 8 | | Section shall file with the court within 90 days of his or her | 9 | | appointment, and every subsequent 90-day period thereafter | 10 | | during the course of his or her representation, a detailed | 11 | | invoice for services rendered with a copy being sent to each | 12 | | party. The court shall review the invoice submitted and | 13 | | approve the fees, if they are reasonable and necessary. Any | 14 | | order approving the fees shall require payment by either or | 15 | | both parents, by any
other party or source, or from the marital | 16 | | estate or the child's separate
estate.
The court may not order | 17 | | payment by the Department of Healthcare and Family Services
in | 18 | | cases in which the Department is providing child support
| 19 | | enforcement services
under Article X of the Illinois Public | 20 | | Aid Code. Unless otherwise ordered by
the
court at the time | 21 | | fees and costs are
approved, all fees and costs payable to an | 22 | | attorney, guardian ad litem, or
child representative under | 23 | | this Section are by implication deemed to be in
the nature of | 24 | | support of the child and are within the exceptions to | 25 | | discharge
in bankruptcy under 11 U.S.C.A. 523. The provisions | 26 | | of Sections 501 and 508 of
this Act shall apply to fees and |
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| 1 | | costs for attorneys appointed under this
Section. | 2 | | (c) Responsibilities. Any individual serving in the role | 3 | | of guardian ad litem or child representative is required to | 4 | | meet with both parties and the child every 90 days. The first | 5 | | meeting shall occur within 90 days of appointment. A meeting | 6 | | shall occur in every subsequent 90-day period until the | 7 | | conclusion of the case. The guardian ad litem or child | 8 | | representative shall file with the court, within 90 days of | 9 | | his or her appointment and once in every subsequent 90-day | 10 | | period during the course of his or her representation, a | 11 | | document, signed by both parties and the guardian ad litem or | 12 | | child representative, confirming that the guardian ad litem or | 13 | | child representative has met with both parties.
| 14 | | (Source: P.A. 99-90, eff. 1-1-16 .)
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