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Public Act 095-0912
Public Act 0912 95TH GENERAL ASSEMBLY
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Public Act 095-0912 |
HB5121 Enrolled |
LRB095 16625 AJO 42656 b |
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| AN ACT concerning civil law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Marriage and Dissolution of | Marriage Act is amended by changing Section 602.1 as follows:
| (750 ILCS 5/602.1) (from Ch. 40, par. 602.1)
| 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.
| (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
| 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.
| (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:
| (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
| (3) all other factors which may be relevant to the best | interest of the
child.
| (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:
| (1) express agreement of the parties; or
| (2) order of the court under the standards of this | Section.
| (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.
| (Source: P.A. 94-377, eff. 7-29-05.)
| Section 10. The Illinois Domestic Violence Act of 1986 is |
| amended by changing Section 222 as follows:
| (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
| Sec. 222. Notice of orders.
| (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.
| (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.
| (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
| 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.
| (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
| 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.
| (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.
| (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
| 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.
| (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
| university, the institution from which the child is | transferring may, at the
request of the petitioner, provide,
| 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.
| (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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Effective Date: 1/1/2009
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