Public Act 100-0706
 
SB2498 EnrolledLRB100 15320 HEP 32488 b


  
    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 602.9 as follows:
 
    (750 ILCS 5/602.9)
    Sec. 602.9. Visitation by certain non-parents.
    (a) As used in this Section:
        (1) "electronic communication" means time that a 
    grandparent, great-grandparent, sibling, or step-parent 
    spends with a child during which the child is not in the 
    person's actual physical custody, but which is facilitated 
    by the use of communication tools such as the telephone, 
    electronic mail, instant messaging, video conferencing or 
    other wired or wireless technologies via the Internet, or 
    another medium of communication;
        (2)  "sibling" means a brother or sister either of the 
    whole blood or the half blood, stepbrother, or stepsister 
    of the minor child;
        (3)  "step-parent" means a person married to a child's 
    parent, including a person married to the child's parent 
    immediately prior to the parent's death; and
        (4) "visitation" means in-person time spent between a 
    child and the child's grandparent, great-grandparent, 
    sibling, step-parent, or any person designated under 
    subsection (d) of Section 602.7. In appropriate 
    circumstances, visitation may include electronic 
    communication under conditions and at times determined by 
    the court. 
    (b) General provisions. 
        (1) An appropriate person, as identified in subsection 
    (c) of this Section, may bring an action in circuit court 
    by petition, or by filing a petition in a pending 
    dissolution proceeding or any other proceeding that 
    involves parental responsibilities or visitation issues 
    regarding the child, requesting visitation with the child 
    pursuant to this Section. If there is not a pending 
    proceeding involving parental responsibilities or 
    visitation with the child, the petition for visitation with 
    the child must be filed in the county in which the child 
    resides. Notice of the petition shall be given as provided 
    in subsection (c) of Section 601.2 of this Act.
        (2) This Section does not apply to a child:
            (A) in whose interests a petition is pending under 
        Section 2-13 of the Juvenile Court Act of 1987; or
            (B) in whose interests a petition to adopt by an 
        unrelated person is pending under the Adoption Act; or
            (C) who has been voluntarily surrendered by the 
        parent or parents, except for a surrender to the 
        Department of Children and Family Services or a foster 
        care facility; or
            (D) who has been previously adopted by an 
        individual or individuals who are not related to the 
        biological parents of the child or who is the subject 
        of a pending adoption petition by an individual or 
        individuals who are not related to the biological 
        parents of the child; or
            (E) who has been relinquished pursuant to the 
        Abandoned Newborn Infant Protection Act.
        (3) A petition for visitation may be filed under this 
    Section only if there has been an unreasonable denial of 
    visitation by a parent and the denial has caused the child 
    undue mental, physical, or emotional harm.
        (4) There is a rebuttable presumption that a fit 
    parent's actions and decisions regarding grandparent, 
    great-grandparent, sibling, or step-parent visitation are 
    not harmful to the child's mental, physical, or emotional 
    health.  The burden is on the party filing a petition under 
    this Section to prove that the parent's actions and 
    decisions regarding visitation will cause undue harm to the 
    child's mental, physical, or emotional health.
        (5) In determining whether to grant visitation, the 
    court shall consider the following:
            (A) the wishes of the child, taking into account 
        the child's maturity and ability to express reasoned 
        and independent preferences as to visitation;
            (B) the mental and physical health of the child;
            (C) the mental and physical health of the 
        grandparent, great-grandparent, sibling, or 
        step-parent;
            (D) the length and quality of the prior 
        relationship between the child and the grandparent, 
        great-grandparent, sibling, or step-parent;
            (E) the good faith of the party in filing the 
        petition;
            (F) the good faith of the person denying 
        visitation;
            (G) the quantity of the visitation time requested 
        and the potential adverse impact that visitation would 
        have on the child's customary activities;
            (H) any other fact that establishes that the loss 
        of the relationship between the petitioner and the 
        child is likely to unduly harm the child's mental, 
        physical, or emotional health; and
            (I) whether visitation can be structured in a way 
        to minimize the child's exposure to conflicts between 
        the adults.
        (6) Any visitation rights granted under this Section 
    before the filing of a petition for adoption of the child 
    shall automatically terminate by operation of law upon the 
    entry of an order terminating parental rights or granting 
    the adoption of the child, whichever is earlier. If the 
    person or persons who adopted the child are related to the 
    child, as defined by Section 1 of the Adoption Act, any 
    person who was related to the child as grandparent, 
    great-grandparent, or sibling prior to the adoption shall 
    have standing to bring an action under this Section 
    requesting visitation with the child.
        (7) The court may order visitation rights for the 
    grandparent, great-grandparent, sibling, or step-parent 
    that include reasonable access without requiring overnight 
    or possessory visitation. 
    (c) Visitation by grandparents, great-grandparents, 
step-parents, and siblings.
        (1) Grandparents, great-grandparents, step-parents, 
    and siblings of a minor child who is one year old or older 
    may bring a petition for visitation and electronic 
    communication under this Section if there is an 
    unreasonable denial of visitation by a parent that causes 
    undue mental, physical, or emotional harm to the child and 
    if at least one of the following conditions exists:
            (A) the child's other parent is deceased or has 
        been missing for at least 90 days. For the purposes of 
        this subsection a parent is considered to be missing if 
        the parent's location has not been determined and the 
        parent has been reported as missing to a law 
        enforcement agency; or
            (B) a parent of the child is incompetent as a 
        matter of law; or
            (C) a parent has been incarcerated in jail or 
        prison for a period in excess of 90 days immediately 
        prior to the filing of the petition; or
            (D) the child's parents have been granted a 
        dissolution of marriage or have been legally separated 
        from each other or there is pending a dissolution 
        proceeding involving a parent of the child or another 
        court proceeding involving parental responsibilities 
        or visitation of the child (other than an adoption 
        proceeding of an unrelated child, a proceeding under 
        Article II of the Juvenile Court Act of 1987, or an 
        action for an order of protection under the Illinois 
        Domestic Violence Act of 1986 or Article 112A of the 
        Code of Criminal Procedure of 1963) and at least one 
        parent does not object to the grandparent, 
        great-grandparent, step-parent, or sibling having 
        visitation with the child. The visitation of the 
        grandparent, great-grandparent, step-parent, or 
        sibling must not diminish the parenting time of the 
        parent who is not related to the grandparent, 
        great-grandparent, step-parent, or sibling seeking 
        visitation; or
            (E) (i) the child is born to parents who are not 
        married to each other; (ii) , the parents are not 
        living together; (iii) , and the petitioner is a 
        grandparent, great-grandparent, step-parent, or 
        sibling of the child; and (iv) the parent-child 
        relationship , and parentage has been legally 
        established. For purposes of this subdivision (E), if 
        the petitioner is a grandparent or great-grandparent, 
        the parent-child relationship need be legally 
        established only with respect to the parent who is 
        related to the grandparent or great-grandparent. For 
        purposes of this subdivision (E), if the petitioner is 
        a step-parent, the parent-child relationship need be 
        legally established only with respect to the parent who 
        is married to the  petitioner or was married to the 
        petitioner immediately before the parent's death. by a 
        court of competent jurisdiction.
        (2) In addition to the factors set forth in subdivision 
    (b)(5) of this Section, the court should consider:
            (A) whether the child resided with the petitioner 
        for at least 6 consecutive months with or without a 
        parent present;
            (B) whether the child had frequent and regular 
        contact or visitation with the petitioner for at least 
        12 consecutive months; and
            (C) whether the grandparent, great-grandparent, 
        sibling, or step-parent was a primary caretaker of the 
        child for a period of not less than 6 consecutive 
        months within the 24-month period immediately 
        preceding the commencement of the proceeding.
        (3) An order granting visitation privileges under this 
    Section is subject to subsections (c) and (d) of Section 
    603.10.
        (4) A petition for visitation privileges may not be 
    filed pursuant to this subsection (c) by the parents or 
    grandparents of a parent of the child if parentage between 
    the child and the related parent has not been legally 
    established.
    (d) Modification of visitation orders.
        (1) Unless by stipulation of the parties, no motion to 
    modify a grandparent, great-grandparent, sibling, or 
    step-parent visitation order may be made earlier than 2 
    years after the date the order was filed, unless the court 
    permits it to be made on the basis of affidavits that there 
    is reason to believe the child's present environment may 
    endanger seriously the child's mental, physical, or 
    emotional health.
        (2) The court shall not modify an order that grants 
    visitation to a grandparent, great-grandparent, sibling, 
    or step-parent unless it finds by clear and convincing 
    evidence, upon the basis of facts that have arisen since 
    the prior visitation order or that were unknown to the 
    court at the time of entry of the prior visitation order, 
    that a change has occurred in the circumstances of the 
    child or his or her parent, and that the modification is 
    necessary to protect the mental, physical, or emotional 
    health of the child. The court shall state in its decision 
    specific findings of fact in support of its modification or 
    termination of the grandparent, great-grandparent, 
    sibling, or step-parent visitation. A child's parent may 
    always petition to modify visitation upon changed 
    circumstances when necessary to promote the child's best 
    interests.
        (3) Notice of a motion requesting modification of a 
    visitation order shall be provided as set forth in 
    subsection (c) of Section 601.2 of this Act.
        (4) Attorney's fees and costs shall be assessed against 
    a party seeking modification of the visitation order if the 
    court finds that the modification action is vexatious and 
    constitutes harassment.
    (e) No child's grandparent, great-grandparent, sibling, or 
step-parent, or any person to whom the court is considering 
granting visitation privileges pursuant to subsection (d) of 
Section 602.7, who was convicted of any offense involving an 
illegal sex act perpetrated upon a victim less than 18 years of 
age including, but not limited to, offenses for violations of 
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, 
or Article 12 of the Criminal Code of 1961 or the Criminal Code 
of 2012, is entitled to visitation while incarcerated or while 
on parole, probation, conditional discharge, periodic 
imprisonment, or mandatory supervised release for that 
offense, and upon discharge from incarceration for a 
misdemeanor offense or upon discharge from parole, probation, 
conditional discharge, periodic imprisonment, or mandatory 
supervised release for a felony offense. Visitation shall be 
denied until the person successfully completes a treatment 
program approved by the court. Upon completion of treatment, 
the court may deny visitation based on the factors listed in 
subdivision (b)(5) of this Section.
    (f)  No child's grandparent, great-grandparent, sibling, or 
step-parent,  or any person to whom the court is considering 
granting visitation privileges pursuant to subsection (d) of 
Section 602.7, may be granted visitation if he or she has been 
convicted of first degree murder of a parent, grandparent, 
great-grandparent, or sibling of the child who is the subject 
of the visitation request. Pursuant to a motion to modify 
visitation, the court shall revoke visitation rights 
previously granted to any person who would otherwise be 
entitled to petition for visitation rights under this Section 
or granted visitation under subsection (d) of Section 602.7, if 
the person has been convicted of first degree murder of a 
parent, grandparent, great-grandparent, or sibling of the 
child who is the subject of the visitation order. Until an 
order is entered pursuant to this subsection, no person may 
visit, with the child present, a person who has been convicted 
of first degree murder of the parent, grandparent, 
great-grandparent, or sibling of the child without the consent 
of the child's parent, other than a parent convicted of first 
degree murder as set forth herein, or legal guardian. 

(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
  


Effective Date:  1/1/2019