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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
90_SB0341enr
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
SB341 Enrolled 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
SB341 Enrolled -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.
14 (2) When a person so ordered to pay for the care and
15 support of a minor is employed for wages, salary or
16 commission, the court may order him to make the support
17 payments for which he is liable under this Act out of his
18 wages, salary or commission and to assign so much thereof as
19 will pay the support. The court may also order him to make
20 discovery to the court as to his place of employment and the
21 amounts earned by him. Upon his failure to obey the orders of
22 court he may be punished as for contempt of court.
23 (3) If the minor is a recipient of public aid under the
24 Illinois Public Aid Code, the court shall order that payments
25 made by a parent or through assignment of his wages, salary
26 or commission be made directly to (a) the Illinois Department
27 of Public Aid if the minor is a recipient of aid under
28 Articles IV or V of the Code, or (b) the local governmental
29 unit responsible for the support of the minor if he is a
30 recipient under Articles VI or VII of the Code. The order
31 shall permit the Illinois Department of Public Aid or the
32 local governmental unit, as the case may be, to direct that
33 subsequent payments be made directly to the guardian or
34 custodian of the minor, or to some other person or agency in
SB341 Enrolled -3- LRB9002785SMdv
1 the minor's behalf, upon removal of the minor from the public
2 aid rolls; and upon such direction and removal of the minor
3 from the public aid rolls, the Illinois Department or local
4 governmental unit, as the case requires, shall give written
5 notice of such action to the court. Payments received by the
6 Illinois Department of Public Aid or local governmental unit
7 are to be covered, respectively, into the General Revenue
8 Fund of the State Treasury or General Assistance Fund of the
9 governmental unit, as provided in Section 10-19 of the Public
10 Aid Code.
11 (Source: P.A. 87-759.)
12 (Text of Section after amendment by P.A. 89-507)
13 Sec. 6-9. Enforcement of liability of parents and
14 others.
15 (1) If parentage is at issue in any proceeding under
16 this Act, the Illinois Parentage Act of 1984 shall apply and
17 the court shall enter orders consistent with that Act. If it
18 appears at any hearing that a parent or any other person
19 named in the petition, liable under the law for the support
20 of the minor, is able to contribute to his or her support,
21 the court shall enter an order requiring that parent or other
22 person to pay the clerk of the court, or to the guardian or
23 custodian appointed under Sections 2-27, 3-28, 4-25 or 5-29,
24 a reasonable sum from time to time for the care, support and
25 necessary special care or treatment, of the minor. The court
26 may require reasonable security for the payments. Upon
27 failure to pay, the court may enforce obedience to the order
28 by a proceeding as for contempt of court. On application and
29 with the notice as it may direct, the court may alter the
30 payment or may compromise or waive arrearages in such a
31 manner as appears reasonable and proper.
32 If it appears that the person liable for the support of
33 the minor is able to contribute to legal fees for
34 representation of the minor, the court shall enter an order
SB341 Enrolled -4- LRB9002785SMdv
1 requiring that person to pay a reasonable sum for the
2 representation, to the attorney providing the representation
3 or to the clerk of the court for deposit in the appropriate
4 account or fund. The sum may be paid as the court directs,
5 and the payment thereof secured and enforced as provided in
6 this Section for support.
7 Upon application, the court shall waive liability for
8 support or legal fees under this Section if the parent or
9 other person establishes that he or she is indigent and
10 unable to pay the incurred liability, and the court may
11 reduce or waive liability if the parent or other person
12 establishes circumstances showing that full payment of
13 support or legal fees would result in financial hardship to
14 the person or his or her family.
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,
SB341 Enrolled -5- LRB9002785SMdv
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.