State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

90_HB1535eng

      705 ILCS 405/6-9          from Ch. 37, par. 806-9
          Amends the Juvenile Court Act of 1987.  Provides that  if
      the court at the detention or shelter care hearing determines
      that  the  parent  or  other  person  liable  for the minor's
      support is able to contribute to that support, the parent  or
      person  liable for the support shall be required to pay a fee
      for room and board at a rate not to exceed $10 established by
      the county  board  of  the  county  in  which  the  minor  is
      detained,  with  the  concurrence  of  the chief judge of the
      circuit, unless the court determines that it is in  the  best
      interest and welfare of the minor to waive the fee.
                                                     LRB9004068RCdv
HB1535 Engrossed                               LRB9004068RCdv
 1        AN  ACT  to  amend  the  Juvenile  Court  Act  of 1987 by
 2    changing Section 6-9.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Juvenile Court Act of 1987 is amended by
 6    changing Section 6-9 as follows:
 7        (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
 8        (Text of Section before amendment by P.A. 89-507)
 9        Sec.  6-9.   Enforcement  of  liability  of  parents  and
10    others.
11        (1)  If parentage is at issue  in  any  proceeding  under
12    this  Act, the Illinois Parentage Act of 1984 shall apply and
13    the court shall enter orders consistent with that Act.  If it
14    appears at any hearing that a  parent  or  any  other  person
15    named  in  the petition, liable under the law for the support
16    of the minor, is able to contribute to his support, the court
17    shall enter an order requiring that parent or other person to
18    pay the clerk of the court, or to the guardian  or  custodian
19    appointed   under  Sections  2-27,  3-28,  4-25  or  5-29,  a
20    reasonable sum from time to time for the  care,  support  and
21    necessary  special care or treatment, of the minor. The court
22    may  require  reasonable  security  for  the  payments.  Upon
23    failure to pay, the court may enforce obedience to the  order
24    by  a proceeding as for contempt of court. On application and
25    with the notice as it may direct, the  court  may  alter  the
26    payment  or  may  compromise  or  waive  arrearages in such a
27    manner as appears reasonable and proper.
28        If it appears that the person liable for the  support  of
29    the   minor   is   able  to  contribute  to  legal  fees  for
30    representation of the minor, the court shall enter  an  order
31    requiring  that  person  to  pay  a  reasonable  sum  for the
HB1535 Engrossed            -2-                LRB9004068RCdv
 1    representation, to the attorney providing the  representation
 2    or  to  the clerk of the court for deposit in the appropriate
 3    account or fund. The sum may be paid as  the  court  directs,
 4    and  the  payment thereof secured and enforced as provided in
 5    this Section for support.
 6        (2)  When a person so ordered to pay  for  the  care  and
 7    support   of  a  minor  is  employed  for  wages,  salary  or
 8    commission, the court may  order  him  to  make  the  support
 9    payments  for  which  he  is liable under this Act out of his
10    wages, salary or commission and to assign so much thereof  as
11    will  pay  the  support. The court may also order him to make
12    discovery to the court as to his place of employment and  the
13    amounts earned by him. Upon his failure to obey the orders of
14    court he may be punished as for contempt of court.
15        (3)  If  the minor is a recipient of public aid under the
16    Illinois Public Aid Code, the court shall order that payments
17    made by a parent or through assignment of his  wages,  salary
18    or commission be made directly to (a) the Illinois Department
19    of  Public  Aid  if  the  minor  is  a recipient of aid under
20    Articles IV or V of the Code, or (b) the  local  governmental
21    unit  responsible  for  the  support  of the minor if he is a
22    recipient under Articles VI or VII of  the  Code.  The  order
23    shall  permit  the  Illinois  Department of Public Aid or the
24    local governmental unit, as the case may be, to  direct  that
25    subsequent  payments  be  made  directly  to  the guardian or
26    custodian of the minor, or to some other person or agency  in
27    the minor's behalf, upon removal of the minor from the public
28    aid  rolls;  and upon such direction and removal of the minor
29    from the public aid rolls, the Illinois Department  or  local
30    governmental  unit,  as the case requires, shall give written
31    notice of such action to the court. Payments received by  the
32    Illinois  Department of Public Aid or local governmental unit
33    are to be covered, respectively,  into  the  General  Revenue
34    Fund  of the State Treasury or General Assistance Fund of the
HB1535 Engrossed            -3-                LRB9004068RCdv
 1    governmental unit, as provided in Section 10-19 of the Public
 2    Aid Code.
 3    (Source: P.A. 87-759.)
 4        (Text of Section after amendment by P.A. 89-507)
 5        Sec.  6-9.   Enforcement  of  liability  of  parents  and
 6    others.
 7        (1)  If parentage is at issue  in  any  proceeding  under
 8    this  Act, the Illinois Parentage Act of 1984 shall apply and
 9    the court shall enter orders consistent with that Act.  If it
10    appears at any hearing that a  parent  or  any  other  person
11    named  in  the petition, liable under the law for the support
12    of the minor, is able to contribute to his support, the court
13    shall enter an order requiring that parent or other person to
14    pay the clerk of the court, or to the guardian  or  custodian
15    appointed   under  Sections  2-27,  3-28,  4-25  or  5-29,  a
16    reasonable sum from time to time for the  care,  support  and
17    necessary  special care or treatment, of the minor. The court
18    may  require  reasonable  security  for  the  payments.  Upon
19    failure to pay, the court may enforce obedience to the  order
20    by  a proceeding as for contempt of court. On application and
21    with the notice as it may direct, the  court  may  alter  the
22    payment  or  may  compromise  or  waive  arrearages in such a
23    manner as appears reasonable and proper.
24        If it appears that the person liable for the  support  of
25    the   minor   is   able  to  contribute  to  legal  fees  for
26    representation of the minor, the court shall enter  an  order
27    requiring  that  person  to  pay  a  reasonable  sum  for the
28    representation, to the attorney providing the  representation
29    or  to  the clerk of the court for deposit in the appropriate
30    account or fund. The sum may be paid as  the  court  directs,
31    and  the  payment thereof secured and enforced as provided in
32    this Section for support.
33        If it appears at the detention or shelter care hearing of
34    a minor before the court under Section 5-10 that a parent  or
HB1535 Engrossed            -4-                LRB9004068RCdv
 1    any  other  person liable for support of the minor is able to
 2    contribute to his or her support, that parent or other person
 3    shall be required to pay a fee for room and board at  a  rate
 4    not  to  exceed $10 per day established, with the concurrence
 5    of the chief judge of the judicial  circuit,  by  the  county
 6    board of the county in which the minor is detained unless the
 7    court  determines that it is in the best interest and welfare
 8    of the minor to waive the fee.  The concurrence of the  chief
 9    judge  shall be in the form of an administrative order.  Each
10    week, on a day designated by the clerk of the circuit  court,
11    that  parent  or  other  person  shall  pay the clerk for the
12    minor's  room  and  board.   All  fees  for  room  and  board
13    collected by the circuit court clerk shall be disbursed  into
14    the separate county fund under Section 6-7.
15        (2)  When  a  person  so  ordered to pay for the care and
16    support  of  a  minor  is  employed  for  wages,  salary   or
17    commission,  the  court  may  order  him  to make the support
18    payments for which he is liable under this  Act  out  of  his
19    wages,  salary or commission and to assign so much thereof as
20    will pay the support. The court may also order  him  to  make
21    discovery  to the court as to his place of employment and the
22    amounts earned by him. Upon his failure to obey the orders of
23    court he may be punished as for contempt of court.
24        (3)  If the minor is a recipient of public aid under  the
25    Illinois Public Aid Code, the court shall order that payments
26    made  by  a parent or through assignment of his wages, salary
27    or commission be made directly to (a) the Illinois Department
28    of Public Aid if the  minor  is  a  recipient  of  aid  under
29    Article  V  of the Code, (b) the Department of Human Services
30    if the minor is a recipient of aid under Article  IV  of  the
31    Code,  or (c) the local governmental unit responsible for the
32    support of the minor if he is a recipient under  Articles  VI
33    or  VII  of  the  Code.  The  order shall permit the Illinois
34    Department of Public Aid, the Department of  Human  Services,
HB1535 Engrossed            -5-                LRB9004068RCdv
 1    or the local governmental unit, as the case may be, to direct
 2    that  subsequent payments be made directly to the guardian or
 3    custodian of the minor, or to some other person or agency  in
 4    the minor's behalf, upon removal of the minor from the public
 5    aid  rolls;  and upon such direction and removal of the minor
 6    from the public aid rolls, the Illinois Department of  Public
 7    Aid,  Department  of  Human  Services,  or local governmental
 8    unit, as the case requires, shall give written notice of such
 9    action to  the  court.  Payments  received  by  the  Illinois
10    Department  of  Public  Aid, Department of Human Services, or
11    local governmental unit are to be covered, respectively, into
12    the General Revenue Fund of the  State  Treasury  or  General
13    Assistance  Fund  of  the  governmental  unit, as provided in
14    Section 10-19 of the Illinois Public Aid Code.
15    (Source: P.A. 89-507, eff. 7-1-97.)
16        Section 95.  No acceleration or delay.   Where  this  Act
17    makes changes in a statute that is represented in this Act by
18    text  that  is not yet or no longer in effect (for example, a
19    Section represented by multiple versions), the  use  of  that
20    text  does  not  accelerate or delay the taking effect of (i)
21    the changes made by this Act or (ii) provisions derived  from
22    any other Public Act.

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