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[ House Amendment 001 ] |
92_HB1066 LRB9206226DJmg 1 AN ACT in relation to child custody. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Criminal Procedure of 1963 is 5 amended by changing Section 112A-21 as follows: 6 (725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21) 7 Sec. 112A-21. Contents of orders. 8 (a) Any order of protection shall describe, in 9 reasonable detail and not by reference to any other document, 10 the following: 11 (1) Each remedy granted by the court, in reasonable 12 detail and not by reference to any other document, so 13 that respondent may clearly understand what he or she 14 must do or refrain from doing. Pre-printed form orders of 15 protection shall include the definitions of the types of 16 abuse, as provided in Section 112A-3. Remedies set forth 17 in pre-printed form orders shall be numbered consistently 18 with and corresponding to the numerical sequence of 19 remedies listed in Section 112A-14 (at least as of the 20 date the form orders are printed). 21 (2) The reason for denial of petitioner's request 22 for any remedy listed in Section 112A-14. 23 (b) An order of protection shall further state the 24 following: 25 (1) The name of each petitioner that the court 26 finds was abused by respondent, and that respondent is a 27 member of the family or household of each such 28 petitioner, and the name of each other person protected 29 by the order and that such person is protected by this 30 Act. 31 (2) For any remedy requested by petitioner on which -2- LRB9206226DJmg 1 the court has declined to rule, that that remedy is 2 reserved. 3 (3) The date and time the order of protection was 4 issued, whether it is an emergency, interim or plenary 5 order and the duration of the order. 6 (4) The date, time and place for any scheduled 7 hearing for extension of that order of protection or for 8 another order of greater duration or scope. 9 (5) For each remedy in an emergency order of 10 protection, the reason for entering that remedy without 11 prior notice to respondent or greater notice than was 12 actually given. 13 (6) For emergency and interim orders of protection, 14 that respondent may petition the court, in accordance 15 with Section 112A-24, to re-open that order if he or she 16 did not receive actual prior notice of the hearing, in 17 accordance with Section 112A-11, and alleges that he or 18 she had a meritorious defense to the order or that the 19 order or any of its remedies was not authorized by this 20 Article. 21 (7) For a remedy concerning physical care and 22 possession of a minor child, temporary legal custody of a 23 minor child, or visitation with a minor child, if the 24 minor child is enrolled at a public or private school, a 25 statement as to which of the child's parents is 26 authorized to pick up the child at the school and a 27 statement of the name of any other person who is 28 authorized to pick up the child at the school. If both 29 parents are authorized to pick up the child at the 30 school, the order of protection must state that 31 authorization. 32 (c) Any order of protection shall include the following 33 notice, printed in conspicuous type: "Any knowing violation 34 of an order of protection forbidding physical abuse, -3- LRB9206226DJmg 1 harassment, intimidation, interference with personal liberty, 2 willful deprivation, or entering or remaining present at 3 specified places when the protected person is present, or 4 granting exclusive possession of the residence or household, 5 or granting a stay away order is a Class A misdemeanor. 6 Grant of exclusive possession of the residence or household 7 shall constitute notice forbidding trespass to land. Any 8 knowing violation of an order awarding legal custody or 9 physical care of a child or prohibiting removal or 10 concealment of a child may be a Class 4 felony. Any willful 11 violation of any order is contempt of court. Any violation 12 may result in fine or imprisonment." 13 (Source: P.A. 86-1300; 87-1186.) 14 (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22) 15 Sec. 112A-22. Notice of orders. 16 (a) Entry and issuance. Upon issuance of any order of 17 protection, the clerk shall immediately, or on the next court 18 day if an emergency order is issued in accordance with 19 subsection (c) of Section 112A-17, (i) enter the order on the 20 record and file it in accordance with the circuit court 21 procedures and (ii) provide a file stamped copy of the order 22 to respondent, if present, and to petitioner. 23 (b) Filing with sheriff. The clerk of the issuing judge 24 shall, or the petitioner may, on the same day that an order 25 of protection is issued, file a copy of that order with the 26 sheriff or other law enforcement officials charged with 27 maintaining Department of State Police records or charged 28 with serving the order upon respondent. If the order was 29 issued in accordance with subsection (c) of Section 112A-17, 30 the clerk shall on the next court day, file a certified copy 31 of the order with the Sheriff or other law enforcement 32 officials charged with maintaining Department of State Police 33 records. -4- LRB9206226DJmg 1 (c) Service by sheriff. Unless respondent was present 2 in court when the order was issued, the sheriff, other law 3 enforcement official or special process server shall promptly 4 serve that order upon respondent and file proof of such 5 service, in the manner provided for service of process in 6 civil proceedings. If process has not yet been served upon 7 the respondent, it shall be served with the order. 8 (c-5) If the person against whom the order of protection 9 is issued is arrested and the written order is issued in 10 accordance with subsection (c) of Section 112A-17 and 11 received by the custodial law enforcement agency before the 12 respondent or arrestee is released from custody, the 13 custodial law enforcement agent shall promptly serve the 14 order upon the respondent or arrestee before the respondent 15 or arrestee is released from custody. In no event shall 16 detention of the respondent or arrestee be extended for 17 hearing on the petition for order of protection or receipt of 18 the order issued under Section 112A-17 of this Code. 19 (d) Extensions, modifications and revocations. Any 20 order extending, modifying or revoking any order of 21 protection shall be promptly recorded, issued and served as 22 provided in this Section. 23 (e) If an order of protection contains a provision for 24 physical care and possession of a minor child, temporary 25 legal custody of a minor child, or visitation with a minor 26 child and a statement concerning authorization to pick up the 27 child at a school as required under subdivision (b)(7) of 28 Section 112A-21, the custodial parent shall notify the 29 affected school as follows: 30 (1) If the school is a private school, the custodial 31 parent shall send a certified copy of the order to the 32 school. 33 (2) If the school is a public school, the custodial 34 parent shall send a certified copy of the order to the -5- LRB9206226DJmg 1 principal office of the public school district. 2 (Source: P.A. 90-392, eff. 1-1-98.) 3 Section 10. The Illinois Marriage and Dissolution of 4 Marriage Act is amended by adding Section 602.5 and changing 5 Sections 603 and 607 as follows: 6 (750 ILCS 5/602.5 new) 7 Sec. 602.5. Custody; pick up child at school. 8 (a) If a child custody order is issued under this Act 9 with respect to a minor child who is enrolled in school, the 10 order must contain a statement as to which of the child's 11 parents is authorized to pick up the child at the school and 12 must also state the name of any other person who is 13 authorized to pick up the child at the school. If both 14 parents are authorized to pick up the child at the school, 15 the order must state that authorization. 16 (b) After the entry of an order described in subsection 17 (a), the custodial parent (or both parents, if the court has 18 made an award of joint custody under Section 602.1) shall 19 notify the affected school as follows: 20 (1) If the school is a private school, the custodial 21 parent or parents shall send a certified copy of the 22 order to the school. 23 (2) If the school is a public school, the custodial 24 parent or parents shall send a certified copy of the 25 order to the principal office of the public school 26 district. 27 (750 ILCS 5/603) (from Ch. 40, par. 603) 28 Sec. 603. Temporary Orders. 29 (a) A party to a custody proceeding, including a 30 proceeding to modify custody, may move for a temporary 31 custody order. The court may award temporary custody under -6- LRB9206226DJmg 1 the standards of Section 602 and the standards and procedures 2 of Section 602.1, after a hearing, or, if there is no 3 objection, solely on the basis of the affidavits. 4 (b) If a proceeding for dissolution of marriage or legal 5 separation or declaration of invalidity of marriage is 6 dismissed, any temporary custody order is vacated unless a 7 parent or the child's custodian moves that the proceeding 8 continue as a custody proceeding and the court finds, after a 9 hearing, that the circumstances of the parents and the best 10 interest of the child requires that a custody judgment be 11 issued. 12 (c) If a custody proceeding commenced in the absence of 13 a petition for dissolution of marriage or legal separation, 14 under either subparagraph (ii) of paragraph (1), or paragraph 15 (2), of subsection (d) of Section 601, is dismissed, any 16 temporary custody order is vacated. 17 (d) If an order is issued under this Section with respect 18 to a minor child who is enrolled in school, the order must 19 contain a statement as to which of the child's parents is 20 authorized to pick up the child at the school and must also 21 state the name of any other person who is authorized to pick 22 up the child at the school. If both parents are authorized 23 to pick up the child at the school, the order must state that 24 authorization. 25 After the entry of an order described in this subsection, 26 the custodial parent (or both parents, if the court has made 27 an award of joint custody under Section 602.1) shall notify 28 the affected school as follows: 29 (1) If the school is a private school, the custodial 30 parent or parents shall send a certified copy of the 31 order to the school. 32 (2) If the school is a public school, the custodial 33 parent or parents shall send a certified copy of the 34 order to the principal office of the public school -7- LRB9206226DJmg 1 district. 2 (Source: P.A. 86-530; 87-1255.) 3 (750 ILCS 5/607) (from Ch. 40, par. 607) 4 Sec. 607. Visitation. 5 (a) A parent not granted custody of the child is 6 entitled to reasonable visitation rights unless the court 7 finds, after a hearing, that visitation would endanger 8 seriously the child's physical, mental, moral or emotional 9 health. If the custodian's street address is not identified, 10 pursuant to Section 708, the court shall require the parties 11 to identify reasonable alternative arrangements for 12 visitation by a non-custodial parent, including but not 13 limited to visitation of the minor child at the residence of 14 another person or at a local public or private facility. 15 (a-5) If an order is issued under this Section with 16 respect to a minor child who is enrolled in school, the order 17 must contain a statement as to which of the child's parents 18 is authorized to pick up the child at the school and must 19 also state the name of any other person who is authorized to 20 pick up the child at the school. If both parents are 21 authorized to pick up the child at the school, the order must 22 state that authorization. 23 After the entry of an order described in this subsection, 24 the custodial parent (or both parents, if the court has made 25 an award of joint custody under Section 602.1) shall notify 26 the affected school as follows: 27 (1) If the school is a private school, the custodial 28 parent or parents shall send a certified copy of the 29 order to the school. 30 (2) If the school is a public school, the custodial 31 parent or parents shall send a certified copy of the 32 order to the principal office of the public school 33 district. -8- LRB9206226DJmg 1 (b) (1) The court may grant reasonable visitation 2 privileges to a grandparent, great-grandparent, or sibling of 3 any minor child upon petition to the court by the 4 grandparents or great-grandparents or on behalf of the 5 sibling, with notice to the parties required to be notified 6 under Section 601 of this Act, if the court determines that 7 it is in the best interests and welfare of the child, and may 8 issue any necessary orders to enforce such visitation 9 privileges. Except as provided in paragraph (2) of this 10 subsection (b), a petition for visitation privileges may be 11 filed under this paragraph (1) whether or not a petition 12 pursuant to this Act has been previously filed or is 13 currently pending if one or more of the following 14 circumstances exist: 15 (A) the parents are not currently cohabiting on a 16 permanent or an indefinite basis; 17 (B) one of the parents has been absent from the 18 marital abode for more than one month without the spouse 19 knowing his or her whereabouts; 20 (C) one of the parents is deceased; 21 (D) one of the parents joins in the petition with 22 the grandparents, great-grandparents, or sibling; or 23 (E) a sibling is in State custody. 24 (1.5) The Court may grant reasonable visitation 25 privileges to a stepparent upon petition to the court by the 26 stepparent, with notice to the parties required to be 27 notified under Section 601 of this Act, if the court 28 determines that it is in the best interests and welfare of 29 the child, and may issue any necessary orders to enforce 30 those visitation privileges. A petition for visitation 31 privileges may be filed under this paragraph (1.5) whether or 32 not a petition pursuant to this Act has been previously filed 33 or is currently pending if the following circumstances are 34 met: -9- LRB9206226DJmg 1 (A) the child is at least 12 years old; 2 (B) the child resided continuously with the parent 3 and stepparent for at least 5 years; 4 (C) the parent is deceased or is disabled and is 5 unable to care for the child; 6 (D) the child wishes to have reasonable visitation 7 with the stepparent; and 8 (E) the stepparent was providing for the care, 9 control, and welfare to the child prior to the initiation 10 of the petition for visitation. 11 (2)(A) A petition for visitation privileges shall not be 12 filed pursuant to this subsection (b) by the parents or 13 grandparents of a putative father if the paternity of the 14 putative father has not been legally established. 15 (B) A petition for visitation privileges may not be 16 filed under this subsection (b) if the child who is the 17 subject of the grandparents' or great-grandparents' petition 18 has been voluntarily surrendered by the parent or parents, 19 except for a surrender to the Illinois Department of Children 20 and Family Services or a foster care facility, or has been 21 previously adopted by an individual or individuals who are 22 not related to the biological parents of the child or is the 23 subject of a pending adoption petition by an individual or 24 individuals who are not related to the biological parents of 25 the child. 26 (3) When one parent is deceased, the surviving parent 27 shall not interfere with the visitation rights of the 28 grandparents. 29 (c) The court may modify an order granting or denying 30 visitation rights of a parent whenever modification would 31 serve the best interest of the child; but the court shall 32 not restrict a parent's visitation rights unless it finds 33 that the visitation would endanger seriously the child's 34 physical, mental, moral or emotional health. The court may -10- LRB9206226DJmg 1 modify an order granting, denying, or limiting visitation 2 rights of a grandparent, great-grandparent, or sibling of any 3 minor child whenever a change of circumstances has occurred 4 based on facts occurring subsequent to the judgment and the 5 court finds by clear and convincing evidence that the 6 modification is in the best interest of the minor child. 7 (d) If any court has entered an order prohibiting a 8 non-custodial parent of a child from any contact with a child 9 or restricting the non-custodial parent's contact with the 10 child, the following provisions shall apply: 11 (1) If an order has been entered granting 12 visitation privileges with the child to a grandparent or 13 great-grandparent who is related to the child through the 14 non-custodial parent, the visitation privileges of the 15 grandparent or great-grandparent may be revoked if: 16 (i) a court has entered an order prohibiting 17 the non-custodial parent from any contact with the 18 child, and the grandparent or great-grandparent is 19 found to have used his or her visitation privileges 20 to facilitate contact between the child and the 21 non-custodial parent; or 22 (ii) a court has entered an order restricting 23 the non-custodial parent's contact with the child, 24 and the grandparent or great-grandparent is found to 25 have used his or her visitation privileges to 26 facilitate contact between the child and the 27 non-custodial parent in a manner that violates the 28 terms of the order restricting the non-custodial 29 parent's contact with the child. 30 Nothing in this subdivision (1) limits the authority 31 of the court to enforce its orders in any manner 32 permitted by law. 33 (2) Any order granting visitation privileges with 34 the child to a grandparent or great-grandparent who is -11- LRB9206226DJmg 1 related to the child through the non-custodial parent 2 shall contain the following provision: 3 "If the (grandparent or great-grandparent, whichever 4 is applicable) who has been granted visitation privileges 5 under this order uses the visitation privileges to 6 facilitate contact between the child and the child's 7 non-custodial parent, the visitation privileges granted 8 under this order shall be permanently revoked." 9 (e) No parent, not granted custody of the child, or 10 grandparent, or great-grandparent, or stepparent, or sibling 11 of any minor child, convicted of any offense involving an 12 illegal sex act perpetrated upon a victim less than 18 years 13 of age including but not limited to offenses for violations 14 of Article 12 of the Criminal Code of 1961, is entitled to 15 visitation rights while incarcerated or while on parole, 16 probation, conditional discharge, periodic imprisonment, or 17 mandatory supervised release for that offense, and upon 18 discharge from incarceration for a misdemeanor offense or 19 upon discharge from parole, probation, conditional discharge, 20 periodic imprisonment, or mandatory supervised release for a 21 felony offense, visitation shall be denied until the person 22 successfully completes a treatment program approved by the 23 court. 24 (f) Unless the court determines, after considering all 25 relevant factors, including but not limited to those set 26 forth in Section 602(a), that it would be in the best 27 interests of the child to allow visitation, the court shall 28 not enter an order providing visitation rights and pursuant 29 to a motion to modify visitation shall revoke visitation 30 rights previously granted to any person who would otherwise 31 be entitled to petition for visitation rights under this 32 Section who has been convicted of first degree murder of the 33 parent, grandparent, great-grandparent, or sibling of the 34 child who is the subject of the order. Until an order is -12- LRB9206226DJmg 1 entered pursuant to this subsection, no person shall visit, 2 with the child present, a person who has been convicted of 3 first degree murder of the parent, grandparent, 4 great-grandparent, or sibling of the child without the 5 consent of the child's parent, other than a parent convicted 6 of first degree murder as set forth herein, or legal 7 guardian. 8 (g) If an order has been entered limiting, for cause, a 9 minor child's contact or visitation with a grandparent, 10 great-grandparent, or sibling on the grounds that it was in 11 the best interest of the child to do so, that order may be 12 modified only upon a showing of a substantial change in 13 circumstances occurring subsequent to the entry of the order 14 with proof by clear and convincing evidence that modification 15 is in the best interest of the minor child. 16 (Source: P.A. 90-782, eff. 8-14-98; 90-801, eff. 6-1-99; 17 91-357, eff. 7-29-99; 91-610, eff. 8-19-99.) 18 Section 15. The Illinois Parentage Act of 1984 is 19 amended by changing Section 14 as follows: 20 (750 ILCS 45/14) (from Ch. 40, par. 2514) 21 Sec. 14. Judgment. 22 (a) (1) The judgment shall contain or explicitly reserve 23 provisions concerning any duty and amount of child support 24 and may contain provisions concerning the custody and 25 guardianship of the child, visitation privileges with the 26 child, the furnishing of bond or other security for the 27 payment of the judgment, which the court shall determine in 28 accordance with the relevant factors set forth in the 29 Illinois Marriage and Dissolution of Marriage Act and any 30 other applicable law of Illinois, to guide the court in a 31 finding in the best interests of the child. In determining 32 custody, joint custody, or visitation, the court shall apply -13- LRB9206226DJmg 1 the relevant standards of the Illinois Marriage and 2 Dissolution of Marriage Act. Specifically, in determining the 3 amount of any child support award, the court shall use the 4 guidelines and standards set forth in subsection (a) of 5 Section 505 and in Section 505.2 of the Illinois Marriage and 6 Dissolution of Marriage Act. For purposes of Section 505 of 7 the Illinois Marriage and Dissolution of Marriage Act, "net 8 income" of the non-custodial parent shall include any 9 benefits available to that person under the Illinois Public 10 Aid Code or from other federal, State or local 11 government-funded programs. The court shall, in any event 12 and regardless of the amount of the non-custodial parent's 13 net income, in its judgment order the non-custodial parent to 14 pay child support to the custodial parent in a minimum amount 15 of not less than $10 per month. In an action brought within 2 16 years after a child's birth, the judgment or order may direct 17 either parent to pay the reasonable expenses incurred by 18 either parent related to the mother's pregnancy and the 19 delivery of the child. The judgment or order shall contain 20 the father's social security number, which the father shall 21 disclose to the court; however, failure to include the 22 father's social security number on the judgment or order does 23 not invalidate the judgment or order. 24 (2) If a judgment of parentage contains no explicit 25 award of custody, the establishment of a support obligation 26 or of visitation rights in one parent shall be considered a 27 judgment granting custody to the other parent. If the 28 parentage judgment contains no such provisions, custody shall 29 be presumed to be with the mother; however, the presumption 30 shall not apply if the father has had physical custody for at 31 least 6 months prior to the date that the mother seeks to 32 enforce custodial rights. 33 (a-5) If the judgment contains a provision for custody 34 of the child or for visitation with the child and if the -14- LRB9206226DJmg 1 child is enrolled at a public or private school, the judgment 2 must contain a statement as to which of the child's parents 3 is authorized to pick up the child at the school and must 4 also state the name of any other person who is authorized to 5 pick up the child at the school. If both parents are 6 authorized to pick up the child at the school, the judgment 7 must state that authorization. 8 After the entry of a judgment described in this 9 subsection, the custodial parent (or both parents if the 10 court has made an award of joint custody as authorized under 11 Section 602.1 of the Illinois Marriage and Dissolution of 12 Marriage Act) shall notify the affected school as follows: 13 (1) If the school is a private school, the 14 custodial parent or parents shall send a certified copy 15 of the judgment to the school. 16 (2) If the school is a public school, the custodial 17 parent or parents shall send a certified copy of the 18 judgment to the principal office of the public school 19 district. 20 (b) The court shall order all child support payments, 21 determined in accordance with such guidelines, to commence 22 with the date summons is served. The level of current 23 periodic support payments shall not be reduced because of 24 payments set for the period prior to the date of entry of the 25 support order. The Court may order any child support 26 payments to be made for a period prior to the commencement of 27 the action. In determining whether and the extent to which 28 the payments shall be made for any prior period, the court 29 shall consider all relevant facts, including the factors for 30 determining the amount of support specified in the Illinois 31 Marriage and Dissolution of Marriage Act and other equitable 32 factors including but not limited to: 33 (1) The father's prior knowledge of the fact and 34 circumstances of the child's birth. -15- LRB9206226DJmg 1 (2) The father's prior willingness or refusal to 2 help raise or support the child. 3 (3) The extent to which the mother or the public 4 agency bringing the action previously informed the father 5 of the child's needs or attempted to seek or require his 6 help in raising or supporting the child. 7 (4) The reasons the mother or the public agency did 8 not file the action earlier. 9 (5) The extent to which the father would be 10 prejudiced by the delay in bringing the action. 11 For purposes of determining the amount of child support 12 to be paid for any period before the date the order for 13 current child support is entered, there is a rebuttable 14 presumption that the father's net income for the prior period 15 was the same as his net income at the time the order for 16 current child support is entered. 17 If (i) the non-custodial parent was properly served with 18 a request for discovery of financial information relating to 19 the non-custodial parent's ability to provide child support, 20 (ii) the non-custodial parent failed to comply with the 21 request, despite having been ordered to do so by the court, 22 and (iii) the non-custodial parent is not present at the 23 hearing to determine support despite having received proper 24 notice, then any relevant financial information concerning 25 the non-custodial parent's ability to provide child support 26 that was obtained pursuant to subpoena and proper notice 27 shall be admitted into evidence without the need to establish 28 any further foundation for its admission. 29 (c) Any new or existing support order entered by the 30 court under this Section shall be deemed to be a series of 31 judgments against the person obligated to pay support 32 thereunder, each judgment to be in the amount of each payment 33 or installment of support and each such judgment to be deemed 34 entered as of the date the corresponding payment or -16- LRB9206226DJmg 1 installment becomes due under the terms of the support order. 2 Each judgment shall have the full force, effect and 3 attributes of any other judgment of this State, including the 4 ability to be enforced. A lien arises by operation of law 5 against the real and personal property of the noncustodial 6 parent for each installment of overdue support owed by the 7 noncustodial parent. 8 (d) If the judgment or order of the court is at variance 9 with the child's birth certificate, the court shall order 10 that a new birth certificate be issued under the Vital 11 Records Act. 12 (e) On request of the mother and the father, the court 13 shall order a change in the child's name. After hearing 14 evidence the court may stay payment of support during the 15 period of the father's minority or period of disability. 16 (f) If, upon a showing of proper service, the father 17 fails to appear in court, or otherwise appear as provided by 18 law, the court may proceed to hear the cause upon testimony 19 of the mother or other parties taken in open court and shall 20 enter a judgment by default. The court may reserve any order 21 as to the amount of child support until the father has 22 received notice, by regular mail, of a hearing on the matter. 23 (g) A one-time charge of 20% is imposable upon the 24 amount of past-due child support owed on July 1, 1988 which 25 has accrued under a support order entered by the court. The 26 charge shall be imposed in accordance with the provisions of 27 Section 10-21 of the Illinois Public Aid Code and shall be 28 enforced by the court upon petition. 29 (h) All orders for support, when entered or modified, 30 shall include a provision requiring the non-custodial parent 31 to notify the court and, in cases in which party is receiving 32 child and spouse support services under Article X of the 33 Illinois Public Aid Code, the Illinois Department of Public 34 Aid, within 7 days, (i) of the name and address of any new -17- LRB9206226DJmg 1 employer of the non-custodial parent, (ii) whether the 2 non-custodial parent has access to health insurance coverage 3 through the employer or other group coverage and, if so, the 4 policy name and number and the names of persons covered under 5 the policy, and (iii) of any new residential or mailing 6 address or telephone number of the non-custodial parent. In 7 any subsequent action to enforce a support order, upon a 8 sufficient showing that a diligent effort has been made to 9 ascertain the location of the non-custodial parent, service 10 of process or provision of notice necessary in the case may 11 be made at the last known address of the non-custodial parent 12 in any manner expressly provided by the Code of Civil 13 Procedure or this Act, which service shall be sufficient for 14 purposes of due process. 15 (i) An order for support shall include a date on which 16 the current support obligation terminates. The termination 17 date shall be no earlier than the date on which the child 18 covered by the order will attain the age of majority or is 19 otherwise emancipated. The order for support shall state 20 that the termination date does not apply to any arrearage 21 that may remain unpaid on that date. Nothing in this 22 subsection shall be construed to prevent the court from 23 modifying the order. 24 (j) An order entered under this Section shall include a 25 provision requiring the obligor to report to the obligee and 26 to the clerk of court within 10 days each time the obligor 27 obtains new employment, and each time the obligor's 28 employment is terminated for any reason. The report shall be 29 in writing and shall, in the case of new employment, include 30 the name and address of the new employer. Failure to report 31 new employment or the termination of current employment, if 32 coupled with nonpayment of support for a period in excess of 33 60 days, is indirect criminal contempt. For any obligor 34 arrested for failure to report new employment bond shall be -18- LRB9206226DJmg 1 set in the amount of the child support that should have been 2 paid during the period of unreported employment. An order 3 entered under this Section shall also include a provision 4 requiring the obligor and obligee parents to advise each 5 other of a change in residence within 5 days of the change 6 except when the court finds that the physical, mental, or 7 emotional health of a party or that of a minor child, or 8 both, would be seriously endangered by disclosure of the 9 party's address. 10 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 11 90-655, eff. 7-30-98; 91-767, eff. 6-9-00.) 12 Section 20. The Illinois Domestic Violence Act of 1986 13 is amended by changing Sections 221 and 222 as follows: 14 (750 ILCS 60/221) (from Ch. 40, par. 2312-21) 15 Sec. 221. Contents of orders. 16 (a) Any order of protection shall describe the 17 following: 18 (1) Each remedy granted by the court, in reasonable 19 detail and not by reference to any other document, so 20 that respondent may clearly understand what he or she 21 must do or refrain from doing. Pre-printed form orders of 22 protection shall include the definitions of the types of 23 abuse, neglect, and exploitation, as provided in Section 24 103. Remedies set forth in pre-printed form orders shall 25 be numbered consistently with and corresponding to the 26 numerical sequence of remedies listed in Section 214 (at 27 least as of the date the form orders are printed). 28 (2) The reason for denial of petitioner's request 29 for any remedy listed in Section 214. 30 (b) An order of protection shall further state the 31 following: 32 (1) The name of each petitioner that the court -19- LRB9206226DJmg 1 finds was abused, neglected, or exploited by respondent, 2 and that respondent is a member of the family or 3 household of each such petitioner, and the name of each 4 other person protected by the order and that such person 5 is protected by this Act. 6 (2) For any remedy requested by petitioner on which 7 the court has declined to rule, that that remedy is 8 reserved. 9 (3) The date and time the order of protection was 10 issued, whether it is an emergency, interim or plenary 11 order and the duration of the order. 12 (4) The date, time and place for any scheduled 13 hearing for extension of that order of protection or for 14 another order of greater duration or scope. 15 (5) For each remedy in an emergency order of 16 protection, the reason for entering that remedy without 17 prior notice to respondent or greater notice than was 18 actually given. 19 (6) For emergency and interim orders of protection, 20 that respondent may petition the court, in accordance 21 with Section 224, to re-open that order if he or she did 22 not receive actual prior notice of the hearing, in 23 accordance with Section 211, and alleges that he or she 24 had a meritorious defense to the order or that the order 25 or any of its remedies was not authorized by this Act. 26 (7) For a remedy concerning physical care and 27 possession of a minor child, temporary legal custody of a 28 minor child, or visitation with a minor child, if the 29 minor child is enrolled at a public or private school, a 30 statement as to which of the child's parents is 31 authorized to pick up the child at the school and must 32 also state the name of any other person who is authorized 33 to pick up the child at the school. If both parents are 34 authorized to pick up the child at the school, the order -20- LRB9206226DJmg 1 of protection must state that authorization. 2 (c) Any order of protection shall include the following 3 notice, printed in conspicuous type: "Any knowing violation 4 of an order of protection forbidding physical abuse, neglect, 5 exploitation, harassment, intimidation, interference with 6 personal liberty, willful deprivation, or entering or 7 remaining present at specified places when the protected 8 person is present, or granting exclusive possession of the 9 residence or household, or granting a stay away order is a 10 Class A misdemeanor. Grant of exclusive possession of the 11 residence or household shall constitute notice forbidding 12 trespass to land. Any knowing violation of an order awarding 13 legal custody or physical care of a child or prohibiting 14 removal or concealment of a child may be a Class 4 felony. 15 Any willful violation of any order is contempt of court. Any 16 violation may result in fine or imprisonment." 17 (Source: P.A. 86-542; 86-1300; 87-1186.) 18 (750 ILCS 60/222) (from Ch. 40, par. 2312-22) 19 Sec. 222. Notice of orders. 20 (a) Entry and issuance. Upon issuance of any order of 21 protection, the clerk shall immediately, or on the next court 22 day if an emergency order is issued in accordance with 23 subsection (c) of Section 217, (i) enter the order on the 24 record and file it in accordance with the circuit court 25 procedures and (ii) provide a file stamped copy of the order 26 to respondent, if present, and to petitioner. 27 (b) Filing with sheriff. The clerk of the issuing judge 28 shall, or the petitioner may, on the same day that an order 29 of protection is issued, file a certified copy of that order 30 with the sheriff or other law enforcement officials charged 31 with maintaining Department of State Police records or 32 charged with serving the order upon respondent. If the order 33 was issued in accordance with subsection (c) of Section 217, -21- LRB9206226DJmg 1 the clerk shall on the next court day, file a certified copy 2 of the order with the Sheriff or other law enforcement 3 officials charged with maintaining Department of State Police 4 records. 5 (c) Service by sheriff. Unless respondent was present 6 in court when the order was issued, the sheriff, other law 7 enforcement official or special process server shall promptly 8 serve that order upon respondent and file proof of such 9 service, in the manner provided for service of process in 10 civil proceedings. If process has not yet been served upon 11 the respondent, it shall be served with the order. A single 12 fee may be charged for service of an order obtained in civil 13 court, or for service of such an order together with process, 14 unless waived or deferred under Section 210. 15 (c-5) If the person against whom the order of protection 16 is issued is arrested and the written order is issued in 17 accordance with subsection (c) of Section 217 and received by 18 the custodial law enforcement agency before the respondent or 19 arrestee is released from custody, the custodial law 20 enforcement agent shall promptly serve the order upon the 21 respondent or arrestee before the respondent or arrestee is 22 released from custody. In no event shall detention of the 23 respondent or arrestee be extended for hearing on the 24 petition for order of protection or receipt of the order 25 issued under Section 217 of this Act. 26 (d) Extensions, modifications and revocations. Any 27 order extending, modifying or revoking any order of 28 protection shall be promptly recorded, issued and served as 29 provided in this Section. 30 (e) Notice to schools. If an order of protection 31 contains a provision for physical care and possession of a 32 minor child, temporary legal custody of a minor child, or 33 visitation with a minor child and a statement concerning 34 authorization to pick up the child at a school as required -22- LRB9206226DJmg 1 under subdivision (b)(7) of Section 221, the custodial parent 2 shall notify the affected school as follows: 3 (1) If the school is a private school, the custodial 4 parent shall send a certified copy of the order to the 5 school. 6 (2) If the school is a public school, the custodial 7 parent shall send a certified copy of the order to the 8 principal office of the public school district.Upon9request the clerk of the issuing judge shall file a10certified copy of an order of protection with the private11school or schools or the principal office of the public12school district or districts in which any children of the13petitioner are enrolled.14 (f) Disclosure by schools. After receiving a certified 15 copy of an order of protection that prohibits a respondent's 16 access to records, neither a public or private school nor its 17 employees shall allow a respondent access to a protected 18 child's records or release information in those records to 19 the respondent. The school shall file the copy of the order 20 of protection in the records of a child who is a protected 21 person under the order of protection. 22 (Source: P.A. 89-106, eff. 7-7-95; 90-392, eff. 1-1-98.)