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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
90_SB0341
705 ILCS 405/6-9 from Ch. 37, par. 806-9
Amends the Juvenile Court Act of 1987 to require a court,
upon application, to waive liability for support or legal
fees if the person who is liable shows that full payment
would result in financial hardship.
LRB9002785SMdv
LRB9002785SMdv
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 or her support,
17 the court shall enter an order requiring that parent or other
18 person to pay the clerk of the court, or to the guardian or
19 custodian appointed under Sections 2-27, 3-28, 4-25 or 5-29,
20 a 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
-2- LRB9002785SMdv
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 Upon application, the court shall waive liability for
7 support or legal fees under this Section if the parent or
8 other person establishes that he or she is indigent and
9 unable to pay the incurred liability, and the court may
10 reduce or waive liability if the parent or other person
11 establishes circumstances showing that full payment of
12 support or legal fees would result in financial hardship to
13 the person or his or her family. If applicable, the county
14 or other party seeking to recover costs for support or legal
15 fees incurred under this Section shall first seek to recover
16 against all third-party payors who may be liable for such
17 costs.
18 (2) When a person so ordered to pay for the care and
19 support of a minor is employed for wages, salary or
20 commission, the court may order him to make the support
21 payments for which he is liable under this Act out of his
22 wages, salary or commission and to assign so much thereof as
23 will pay the support. The court may also order him to make
24 discovery to the court as to his place of employment and the
25 amounts earned by him. Upon his failure to obey the orders of
26 court he may be punished as for contempt of court.
27 (3) If the minor is a recipient of public aid under the
28 Illinois Public Aid Code, the court shall order that payments
29 made by a parent or through assignment of his wages, salary
30 or commission be made directly to (a) the Illinois Department
31 of Public Aid if the minor is a recipient of aid under
32 Articles IV or V of the Code, or (b) the local governmental
33 unit responsible for the support of the minor if he is a
34 recipient under Articles VI or VII of the Code. The order
-3- LRB9002785SMdv
1 shall permit the Illinois Department of Public Aid or the
2 local governmental unit, as the case may be, to direct that
3 subsequent payments be made directly to the guardian or
4 custodian of the minor, or to some other person or agency in
5 the minor's behalf, upon removal of the minor from the public
6 aid rolls; and upon such direction and removal of the minor
7 from the public aid rolls, the Illinois Department or local
8 governmental unit, as the case requires, shall give written
9 notice of such action to the court. Payments received by the
10 Illinois Department of Public Aid or local governmental unit
11 are to be covered, respectively, into the General Revenue
12 Fund of the State Treasury or General Assistance Fund of the
13 governmental unit, as provided in Section 10-19 of the Public
14 Aid Code.
15 (Source: P.A. 87-759.)
16 (Text of Section after amendment by P.A. 89-507)
17 Sec. 6-9. Enforcement of liability of parents and
18 others.
19 (1) If parentage is at issue in any proceeding under
20 this Act, the Illinois Parentage Act of 1984 shall apply and
21 the court shall enter orders consistent with that Act. If it
22 appears at any hearing that a parent or any other person
23 named in the petition, liable under the law for the support
24 of the minor, is able to contribute to his or her support,
25 the court shall enter an order requiring that parent or other
26 person to pay the clerk of the court, or to the guardian or
27 custodian appointed under Sections 2-27, 3-28, 4-25 or 5-29,
28 a reasonable sum from time to time for the care, support and
29 necessary special care or treatment, of the minor. The court
30 may require reasonable security for the payments. Upon
31 failure to pay, the court may enforce obedience to the order
32 by a proceeding as for contempt of court. On application and
33 with the notice as it may direct, the court may alter the
34 payment or may compromise or waive arrearages in such a
-4- LRB9002785SMdv
1 manner as appears reasonable and proper.
2 If it appears that the person liable for the support of
3 the minor is able to contribute to legal fees for
4 representation of the minor, the court shall enter an order
5 requiring that person to pay a reasonable sum for the
6 representation, to the attorney providing the representation
7 or to the clerk of the court for deposit in the appropriate
8 account or fund. The sum may be paid as the court directs,
9 and the payment thereof secured and enforced as provided in
10 this Section for support.
11 Upon application, the court shall waive liability for
12 support or legal fees under this Section if the parent or
13 other person establishes that he or she is indigent and
14 unable to pay the incurred liability, and the court may
15 reduce or waive liability if the parent or other person
16 establishes circumstances showing that full payment of
17 support or legal fees would result in financial hardship to
18 the person or his or her family. If applicable, the county
19 or other party seeking to recover costs for support or legal
20 fees incurred under this Section shall first seek to recover
21 against all third-party payors who may be liable for such
22 costs.
23 (2) When a person so ordered to pay for the care and
24 support of a minor is employed for wages, salary or
25 commission, the court may order him to make the support
26 payments for which he is liable under this Act out of his
27 wages, salary or commission and to assign so much thereof as
28 will pay the support. The court may also order him to make
29 discovery to the court as to his place of employment and the
30 amounts earned by him. Upon his failure to obey the orders of
31 court he may be punished as for contempt of court.
32 (3) If the minor is a recipient of public aid under the
33 Illinois Public Aid Code, the court shall order that payments
34 made by a parent or through assignment of his wages, salary
-5- LRB9002785SMdv
1 or commission be made directly to (a) the Illinois Department
2 of Public Aid if the minor is a recipient of aid under
3 Article V of the Code, (b) the Department of Human Services
4 if the minor is a recipient of aid under Article IV of the
5 Code, or (c) the local governmental unit responsible for the
6 support of the minor if he is a recipient under Articles VI
7 or VII of the Code. The order shall permit the Illinois
8 Department of Public Aid, the Department of Human Services,
9 or the local governmental unit, as the case may be, to direct
10 that subsequent payments be made directly to the guardian or
11 custodian of the minor, or to some other person or agency in
12 the minor's behalf, upon removal of the minor from the public
13 aid rolls; and upon such direction and removal of the minor
14 from the public aid rolls, the Illinois Department of Public
15 Aid, Department of Human Services, or local governmental
16 unit, as the case requires, shall give written notice of such
17 action to the court. Payments received by the Illinois
18 Department of Public Aid, Department of Human Services, or
19 local governmental unit are to be covered, respectively, into
20 the General Revenue Fund of the State Treasury or General
21 Assistance Fund of the governmental unit, as provided in
22 Section 10-19 of the Illinois Public Aid Code.
23 (Source: P.A. 89-507, eff. 7-1-97.)
24 Section 95. No acceleration or delay. Where this Act
25 makes changes in a statute that is represented in this Act by
26 text that is not yet or no longer in effect (for example, a
27 Section represented by multiple versions), the use of that
28 text does not accelerate or delay the taking effect of (i)
29 the changes made by this Act or (ii) provisions derived from
30 any other Public Act.