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90_HB0777
750 ILCS 5/603 from Ch. 40, par. 603
750 ILCS 5/607 from Ch. 40, par. 607
Amends the Illinois Marriage and Dissolution of Marriage
Act. Provides that the General Assembly finds that the
Illinois Department of Children and Family Services entered
into a consent decree in Bates v. Johnson, case no.
85-C-10054 in the U.S. District Court for the Northern
District of Illinois, Eastern Division in which the
Department agreed that "reasonable visitation" includes at
least one visit per week for parents whose children are in
the temporary custody of or under the guardianship of the
Department, absent documented harm caused to a child by the
visits, and also finds that visitation should occur at least
as often for parents whose children are not in the temporary
custody of or under the guardianship of the Department.
Provides that "reasonable visitation" means at least one
visit per week. Sets forth procedures for the granting of
temporary visitation rights in a proceeding under the Act.
LRB9000872WHdvA
LRB9000872WHdvA
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Sections 603 and 607.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Sections 603 and 607 as
7 follows:
8 (750 ILCS 5/603) (from Ch. 40, par. 603)
9 Sec. 603. Temporary Orders.
10 (a) A party to a custody proceeding, including a
11 proceeding to modify custody, may move for a temporary
12 custody order. The court may award temporary custody under
13 the standards of Section 602 and the standards and procedures
14 of Section 602.1, after a hearing, or, if there is no
15 objection, solely on the basis of the affidavits.
16 (b) If a proceeding for dissolution of marriage or legal
17 separation or declaration of invalidity of marriage is
18 dismissed, any temporary custody order is vacated unless a
19 parent or the child's custodian moves that the proceeding
20 continue as a custody proceeding and the court finds, after a
21 hearing, that the circumstances of the parents and the best
22 interest of the child requires that a custody judgment be
23 issued.
24 (c) If a custody proceeding commenced in the absence of
25 a petition for dissolution of marriage or legal separation,
26 under either subparagraph (ii) of paragraph (1), or paragraph
27 (2), of subsection (d) of Section 601, is dismissed, any
28 temporary custody order is vacated.
29 (d) A party may file a petition for temporary visitation
30 rights if a petition for dissolution of marriage has been
31 filed and no temporary order regarding custody and
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1 visitation has been entered. A petition for temporary
2 visitation shall be heard and decided not later than 5 days
3 after the date it is filed, unless the petitioning party
4 fails to give the other party at least 48 hours notice of the
5 hearing. Unless the court finds, based on evidence
6 presented at the hearing, that granting reasonable
7 visitation to the petitioning party would seriously endanger
8 the child's physical, mental, moral, or emotional health,
9 the court shall grant reasonable visitation rights to the
10 petitioning party on specific days and times set forth in the
11 order. This subsection (d) is intended to provide for the
12 establishment of a visitation schedule as soon as possible
13 after the commencement of a proceeding under this Act
14 without the injection of other issues so that a child's
15 relationship with each parent is not interrupted during the
16 pendency of a proceeding, and the fact that a party has
17 sought temporary visitation rights under this subsection (d)
18 shall not be construed to prejudice the rights of that party
19 at subsequent hearings in the proceeding on any matters
20 pertaining to custody or visitation. The petition for
21 temporary visitation may be filed and heard separately from
22 a petition for temporary relief filed under Section 501 or a
23 petition for temporary custody filed under this Section. An
24 order regarding temporary visitation under this subsection
25 (d) shall expire when a subsequent visitation order is
26 entered in the proceeding, when a final judgment is entered
27 in the proceeding, or when the proceeding is dismissed.
28 (Source: P.A. 86-530; 87-1255.)
29 (750 ILCS 5/607) (from Ch. 40, par. 607)
30 Sec. 607. Visitation.
31 (a) The General Assembly finds that a consent decree was
32 entered in Bates v. Johnson, case no. 85-C-10054 in the U.S.
33 District Court for the Northern District of Illinois, Eastern
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1 Division in which the Illinois Department of Children and
2 Family Services agreed that "reasonable visitation" for
3 parents whose children are in the temporary custody of or
4 under the guardianship of the Department means at least one
5 visit per week, absent documented harm caused to a child by
6 the visits. The General Assembly also finds that reasonable
7 visitation for parents of children who are not in the
8 temporary custody of or under the guardianship of the
9 Illinois Department of Children and Family Services should
10 occur at least as often as for those parents whose children
11 are in the temporary custody of or under the guardianship of
12 the Department.
13 A parent not granted custody of the child is entitled to
14 reasonable visitation rights unless the court finds, after a
15 hearing, that visitation would endanger seriously the child's
16 physical, mental, moral or emotional health. As used in this
17 Section, "reasonable visitation" means at least one visit per
18 week. If the custodian's street address is not identified,
19 pursuant to Section 708, the court shall require the parties
20 to identify reasonable alternative arrangements for
21 visitation by a non-custodial parent, including but not
22 limited to visitation of the minor child at the residence of
23 another person or at a local public or private facility.
24 (b) (1) The court may grant reasonable visitation
25 privileges to a grandparent, great-grandparent, or sibling of
26 any minor child upon petition to the court by the
27 grandparents or great-grandparents or on behalf of the
28 sibling, with notice to the parties required to be notified
29 under Section 601 of this Act, if the court determines that
30 it is in the best interests and welfare of the child, and may
31 issue any necessary orders to enforce such visitation
32 privileges. Except as provided in paragraph (2) of this
33 subsection (b), a petition for visitation privileges may be
34 filed under this subsection (b) whether or not a petition
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1 pursuant to this Act has been previously filed or is
2 currently pending if one or more of the following
3 circumstances exist:
4 (A) the parents are not currently cohabiting on a
5 permanent or an indefinite basis;
6 (B) one of the parents has been absent from the
7 marital abode for more than one month without the spouse
8 knowing his or her whereabouts;
9 (C) one of the parents is deceased;
10 (D) one of the parents joins in the petition with
11 the grandparents, great-grandparents, or sibling; or
12 (E) a sibling is in State custody.
13 (2)(A) A petition for visitation privileges shall not be
14 filed pursuant to this subsection (b) by the parents or
15 grandparents of a putative father if the paternity of the
16 putative father has not been legally established.
17 (B) A petition for visitation privileges may not be
18 filed under this subsection (b) if the child who is the
19 subject of the grandparents' or great-grandparents' petition
20 has been voluntarily surrendered by the parent or parents,
21 except for a surrender to the Illinois Department of Children
22 and Family Services or a foster care facility, or has been
23 previously adopted by an individual or individuals who are
24 not related to the biological parents of the child or is the
25 subject of a pending adoption petition by an individual or
26 individuals who are not related to the biological parents of
27 the child.
28 (3) When one parent is deceased, the surviving parent
29 shall not interfere with the visitation rights of the
30 grandparents.
31 (c) The court may modify an order granting or denying
32 visitation rights whenever modification would serve the best
33 interest of the child; but the court shall not restrict a
34 parent's visitation rights unless it finds that the
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1 visitation would endanger seriously the child's physical,
2 mental, moral or emotional health.
3 (d) If any court has entered an order prohibiting a
4 non-custodial parent of a child from any contact with a child
5 or restricting the non-custodial parent's contact with the
6 child, the following provisions shall apply:
7 (1) If an order has been entered granting
8 visitation privileges with the child to a grandparent or
9 great-grandparent who is related to the child through the
10 non-custodial parent, the visitation privileges of the
11 grandparent or great-grandparent may be revoked if:
12 (i) a court has entered an order prohibiting
13 the non-custodial parent from any contact with the
14 child, and the grandparent or great-grandparent is
15 found to have used his or her visitation privileges
16 to facilitate contact between the child and the
17 non-custodial parent; or
18 (ii) a court has entered an order restricting
19 the non-custodial parent's contact with the child,
20 and the grandparent or great-grandparent is found to
21 have used his or her visitation privileges to
22 facilitate contact between the child and the
23 non-custodial parent in a manner that violates the
24 terms of the order restricting the non-custodial
25 parent's contact with the child.
26 Nothing in this subdivision (1) limits the authority
27 of the court to enforce its orders in any manner
28 permitted by law.
29 (2) Any order granting visitation privileges with
30 the child to a grandparent or great-grandparent who is
31 related to the child through the non-custodial parent
32 shall contain the following provision:
33 "If the (grandparent or great-grandparent, whichever
34 is applicable) who has been granted visitation privileges
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1 under this order uses the visitation privileges to
2 facilitate contact between the child and the child's
3 non-custodial parent, the visitation privileges granted
4 under this order shall be permanently revoked."
5 (e) No parent, not granted custody of the child, or
6 grandparent, or great-grandparent, or sibling of any minor
7 child, convicted of any offense involving an illegal sex act
8 perpetrated upon a victim less than 18 years of age including
9 but not limited to offenses for violations of Article 12 of
10 the Criminal Code of 1961, is entitled to visitation rights
11 while incarcerated or while on parole or mandatory supervised
12 release for that offense, and upon discharge from
13 incarceration for a misdemeanor offense or upon discharge
14 from parole or mandatory supervised release for a felony
15 offense, visitation shall be denied until said person
16 successfully completes a treatment program approved by the
17 court.
18 (Source: P.A. 88-23; 88-267; 88-670, eff. 12-2-94; 89-488,
19 eff. 6-21-96.)