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| Public Act 099-0838 | ||||
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AN ACT concerning State government.
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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 Children and Family Services Act is amended | ||||
by changing Section 35.8 and by adding Section 35.9 as follows: | ||||
(20 ILCS 505/35.8) | ||||
Sec. 35.8. Grandparent and great-grandparent visitation | ||||
rules; review. Not later than 6 months after the effective date | ||||
of this amendatory Act of the 99th General Assembly, and every | ||||
5 years thereafter, the Department shall review the rules on | ||||
granting visitation privileges to a non-custodial grandparent | ||||
or great-grandparent of a child who is in the care and custody | ||||
of the Department.
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(Source: P.A. 99-341, eff. 8-11-15.) | ||||
(20 ILCS 505/35.9 new) | ||||
Sec. 35.9. Visitation privileges; grandparents and | ||||
great-grandparents. | ||||
(a) The Department shall make reasonable efforts and | ||||
accommodations to provide for visitation privileges to a | ||||
non-custodial grandparent or great-grandparent of a child who | ||||
is in the care and custody of the Department. Any visitation | ||||
privileges provided under this Section shall be separate and | ||||
apart from any visitation privileges provided to a parent of | ||
the child. The Department shall provide visitation privileges | ||
only if doing so is in the child's best interest, taking into | ||
consideration the factors set out in subsection (4.05) of | ||
Section 1-3 of the Juvenile Court Act of 1987 and the following | ||
additional factors: | ||
(1) the mental and physical health of the
grandparent | ||
or great-grandparent; | ||
(2) the quantity of the visitation time requested
and | ||
the potential adverse impact that visitation would have on | ||
the child's customary activities; | ||
(3) any other fact that establishes that the loss
of | ||
the relationship between the child and the grandparent or | ||
great-grandparent is likely to unduly harm the child's | ||
mental, physical, or emotional health; and | ||
(4) whether visitation can be structured in a way
to | ||
minimize the child's exposure to conflicts between adult | ||
family members. | ||
(b) Any visitation privileges provided under this Section
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shall automatically terminate upon the child leaving the care | ||
or custody of the Department. | ||
(c) The Department may deny a request for visitation after | ||
considering the criteria provided under subsection (a) in | ||
addition to any other criteria the Department deems necessary. | ||
If the Department determines that a grandparent or | ||
great-grandparent is inappropriate to serve as a visitation | ||
resource and denies visitation, the Department shall: (i) | ||
document the basis of its determination and maintain the | ||
documentation in the child's case file and (ii) inform the | ||
grandparent or great-grandparent of his or her right to a | ||
clinical review in accordance with Department rules and | ||
procedures. The Department may adopt any rules necessary to | ||
implement this Section.
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