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Public Act 095-0912 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Marriage and Dissolution of | ||||
Marriage Act is amended by changing Section 602.1 as follows:
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(750 ILCS 5/602.1) (from Ch. 40, par. 602.1)
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Sec. 602.1. (a) The dissolution of marriage, the | ||||
declaration of
invalidity of marriage, the legal separation of | ||||
the parents, or the parents
living separate and apart shall not | ||||
diminish parental powers, rights, and
responsibilities except | ||||
as the court for good reason may determine under
the standards | ||||
of Section 602.
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(b) Upon the application of either or both parents, or upon | ||||
its own motion,
the court shall consider an award of joint | ||||
custody. Joint custody means
custody determined pursuant to a | ||||
Joint Parenting Agreement or a Joint Parenting
Order. In such | ||||
cases, the court shall initially request the parents to produce
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a Joint Parenting Agreement. Such Agreement shall specify each | ||||
parent's
powers, rights and responsibilities for the personal | ||||
care of the child and
for major decisions such as education, | ||||
health care, and religious training.
The Agreement shall | ||||
further specify a procedure by which proposed changes,
disputes | ||||
and alleged breaches may be mediated or otherwise resolved and
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shall provide for a periodic review of its terms by the | ||
parents. In
producing a Joint Parenting Agreement, the parents | ||
shall be flexible in
arriving at resolutions which further the | ||
policy of this State as expressed
in Sections 102 and 602. For | ||
the purpose of assisting the court in making
a determination | ||
whether an award of joint custody is appropriate, the court
may | ||
order mediation and may direct that an investigation be | ||
conducted
pursuant to the provisions of Section 605. If there | ||
is a danger to the health or safety of a partner, joint | ||
mediation shall not be required by the court. In the event the | ||
parents fail
to produce a Joint Parenting Agreement, the court | ||
may enter an appropriate
Joint Parenting Order under the | ||
standards of Section 602 which shall
specify and contain the | ||
same elements as a Joint Parenting Agreement, or it
may award | ||
sole custody under the standards of Sections 602, 607, and 608.
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(c) The court may enter an order of joint custody if it | ||
determines
that joint custody would be in the best interests of | ||
the child, taking into
account the following:
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(1) the ability of the parents to cooperate effectively | ||
and
consistently in matters that directly affect the joint | ||
parenting of the child.
"Ability of the parents
to | ||
cooperate" means the parents' capacity to substantially | ||
comply with a Joint
Parenting Order. The court shall not | ||
consider the inability of the parents to
cooperate | ||
effectively and consistently in matters that do not | ||
directly affect
the joint parenting of the child;
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(2) The residential circumstances of each parent; and
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(3) all other factors which may be relevant to the best | ||
interest of the
child.
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(d) Nothing within this section shall imply or presume that | ||
joint
custody shall necessarily mean equal parenting time. The | ||
physical
residence of the child in joint custodial situations | ||
shall be determined by:
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(1) express agreement of the parties; or
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(2) order of the court under the standards of this | ||
Section.
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(e) Notwithstanding any other provision of law, access to | ||
records and
information pertaining to a child, including but | ||
not limited to medical,
dental, child care and school records, | ||
shall not be denied to a parent for
the reason that such parent | ||
is not the child's custodial parent; however,
no parent shall | ||
have access to the school records of a child if the parent
is | ||
prohibited by an order of protection from inspecting or | ||
obtaining such
records pursuant to the Illinois Domestic | ||
Violence Act of 1986, as now or
hereafter amended. No parent | ||
who is a named respondent in an order of protection issued | ||
pursuant to the Domestic Violence Act of 1986 shall have access | ||
to the health care records of a child who is a protected person | ||
under that order of protection.
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(Source: P.A. 94-377, eff. 7-29-05.)
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Section 10. The Illinois Domestic Violence Act of 1986 is |
amended by changing Section 222 as follows:
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(750 ILCS 60/222) (from Ch. 40, par. 2312-22)
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Sec. 222. Notice of orders.
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(a) Entry and issuance. Upon issuance of any order of | ||
protection, the
clerk shall immediately, or on the next court | ||
day if an emergency order is
issued in accordance with | ||
subsection (c) of Section 217,
(i) enter the order on the | ||
record and file it
in accordance with the circuit court | ||
procedures and (ii) provide a file stamped
copy of the order to | ||
respondent, if
present, and to petitioner.
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(b) Filing with sheriff. The clerk of the issuing judge | ||
shall, or
the petitioner may, on the same day that an order of | ||
protection is
issued, file a certified copy of that order with | ||
the sheriff or other law
enforcement officials charged with | ||
maintaining Department of State Police
records or charged with | ||
serving the order upon respondent.
If the order was issued in | ||
accordance with subsection (c) of Section 217,
the clerk
shall | ||
on the next court day, file a certified copy of the order with | ||
the
Sheriff or other law enforcement officials charged with | ||
maintaining Department
of State Police records.
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(c) Service by sheriff. Unless respondent was present in | ||
court when the
order was issued, the sheriff, other law | ||
enforcement official or special
process server shall
promptly | ||
serve that order upon respondent and file proof of such | ||
service,
in the manner provided for service of process in civil |
proceedings.
Instead of serving the order upon the respondent, | ||
however, the sheriff, other
law enforcement official, or | ||
special process server may serve the respondent
with a short | ||
form notification as provided in Section 222.10.
If
process has | ||
not yet been served upon the respondent, it shall be served
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with the order or short form notification. A single fee may be | ||
charged for
service of an order
obtained in civil court, or for | ||
service of such an order together with
process, unless waived | ||
or deferred under Section 210.
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(c-5) If the person against whom the order of protection is | ||
issued is
arrested and the written order is issued in | ||
accordance with subsection (c) of
Section 217
and received by | ||
the custodial law enforcement agency before the respondent or
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arrestee is released from custody, the custodial law | ||
enforcement agent shall
promptly serve the order upon the | ||
respondent or arrestee before the
respondent or arrestee is | ||
released from custody. In no event shall detention
of the | ||
respondent or arrestee be extended for hearing on the petition | ||
for order
of protection or receipt of the order issued under | ||
Section 217 of this Act.
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(d) Extensions, modifications and revocations. Any order | ||
extending,
modifying or revoking any order of protection shall | ||
be promptly recorded,
issued and served as provided in this | ||
Section.
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(e) Notice to schools. Upon the request of the petitioner, | ||
within 24
hours of the issuance of an order of
protection, the |
clerk of the issuing judge shall
send written notice of the | ||
order of protection along with a certified copy of
the order of | ||
protection to the day-care facility,
pre-school or | ||
pre-kindergarten, or private school or the principal
office of | ||
the public school district or any college or university in | ||
which any child who
is a protected person under the order of | ||
protection or any child
of
the
petitioner is enrolled.
If the | ||
child transfers enrollment to another day-care facility, | ||
pre-school,
pre-kindergarten,
private school, public school, | ||
college, or university, the petitioner may,
within 24 hours
of | ||
the transfer, send to the clerk written notice of the transfer, | ||
including
the name and
address of the institution to which the | ||
child is transferring.
Within 24 hours of receipt of notice
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from the petitioner that a child is transferring to another | ||
day-care facility,
pre-school, pre-kindergarten, private | ||
school, public school, college, or
university, the clerk shall | ||
send written notice of the order of protection,
along with a | ||
certified copy of the order, to the institution to which the | ||
child
is
transferring.
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(f) Disclosure by schools. After receiving a certified copy | ||
of an order
of protection that prohibits a respondent's access | ||
to records, neither a
day-care facility, pre-school, | ||
pre-kindergarten, public
or private school, college, or | ||
university nor its employees shall allow a
respondent access to | ||
a
protected child's records or release information in those | ||
records to the
respondent. The school shall file
the copy of |
the order of protection in the records of a child who
is a | ||
protected person under the order of protection. When a child | ||
who is a
protected person under the order of protection | ||
transfers to another day-care
facility, pre-school, | ||
pre-kindergarten, public or private school, college, or
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university, the institution from which the child is | ||
transferring may, at the
request of the petitioner, provide,
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within 24 hours of the transfer, written notice of the order of | ||
protection,
along with a certified copy of the order, to the | ||
institution to which the child
is
transferring.
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(g) Notice to health care facilities and health care | ||
practitioners. Upon the request of the petitioner, the clerk of | ||
the circuit court shall send a certified copy of the order of | ||
protection to any specified health care facility or health care | ||
practitioner requested by the petitioner at the mailing address | ||
provided by the petitioner. | ||
(h) Disclosure by health care facilities and health care | ||
practitioners. After receiving a certified copy of an order of | ||
protection that prohibits a respondent's access to records, no | ||
health care facility or health care practitioner shall allow a | ||
respondent access to the records of any child who is a | ||
protected person under the order of protection, or release | ||
information in those records to the respondent, unless the | ||
order has expired or the respondent shows a certified copy of | ||
the court order vacating the corresponding order of protection | ||
that was sent to the health care facility or practitioner. |
Nothing in this Section shall be construed to require health | ||
care facilities or health care practitioners to alter | ||
procedures related to billing and payment. The health care | ||
facility or health care practitioner may file the copy of the | ||
order of protection in the records of a child who is a | ||
protected person under the order of protection, or may employ | ||
any other method to identify the records to which a respondent | ||
is prohibited access. No health care facility or health care | ||
practitioner shall be civilly or professionally liable for | ||
reliance on a copy of an order of protection, except for | ||
willful and wanton misconduct. | ||
(Source: P.A. 92-90, eff. 7-18-01; 92-162, eff. 1-1-02;
92-651, | ||
eff. 7-11-02.)
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