Illinois General Assembly - Full Text of Public Act 094-0640
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Public Act 094-0640




Public Act 094-0640
HB0360 Enrolled LRB094 02474 LCB 32475 b

    AN ACT concerning families.
    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 Sections 506 and 608 as
    (750 ILCS 5/506)  (from Ch. 40, par. 506)
    Sec. 506. Representation of child.
    (a) Duties. In any proceedings involving the support,
custody, visitation, education, parentage, property interest,
or general welfare of a minor or dependent child, the court
may, on its own motion or that of any party, and subject to the
terms or specifications the court determines, appoint an
attorney to serve in one of the following capacities to address
the issues the court delineates:
        (1) Attorney. The attorney shall provide independent
    legal counsel for the child and shall owe the same duties
    of undivided loyalty, confidentiality, and competent
    representation as are due an adult client. as an attorney
    to represent the child;
        (2) Guardian ad litem. The guardian ad litem shall
    testify or submit a written report to the court regarding
    his or her recommendations in accordance with the best
    interest of the child. The report shall be made available
    to all parties. The guardian ad litem may be called as a
    witness for purposes of cross-examination regarding the
    guardian ad litem's report or recommendations. The
    guardian ad litem shall investigate the facts of the case
    and interview the child and the parties. as a guardian ad
    litem to address issues the court delineates;
        (3) Child representative. The child representative
    shall as a child's representative whose duty shall be to
    advocate what the child representative finds to be in the
    best interests of the child after reviewing the facts and
    circumstances of the case. The child representative shall
    meet with the child and the parties, investigate the facts
    of the case, and encourage settlement and the use of
    alternative forms of dispute resolution. The child child's
    representative shall have the same power and authority and
    obligation to participate take part in the conduct of the
    litigation as does an attorney for a party and shall
    possess all the powers of investigation and recommendation
    as does a guardian ad litem. The child child's
    representative shall consider, but not be bound by, the
    expressed wishes of the child. A child child's
    representative shall have received training in child
    advocacy or shall possess such experience as determined to
    be equivalent to such training by the chief judge of the
    circuit where the child child's representative has been
    appointed. The child child's representative shall not
    disclose confidential communications made by the child,
    except as required by law or by the Rules of Professional
    Conduct. The child child's representative shall not render
    an opinion, recommendation, or report to the court and
    shall not be called as a witness, but shall offer
    evidence-based legal arguments regarding the issues set
    forth in this subsection. The child representative shall
    disclose the position as to what the child representative
    intends to advocate in a pre-trial memorandum that shall be
    served upon all counsel of record prior to the trial. The
    position disclosed in the pre-trial memorandum shall not be
    considered evidence. The court and the parties may consider
    the position of the child representative for purposes of a
    settlement conference.
    (a-3) Additional appointments. During the proceedings the
court may appoint an additional attorney to serve in the
capacity described in subdivision (a)(1) or an additional
attorney to serve in another of the capacities described in
subdivision subdivisions (a)(1), (a)(2), or (a)(3) on the
court's its own motion or that of a party only for good cause
shown and when the reasons for the additional appointment are
set forth in specific findings.
    (a-5) Appointment considerations. In deciding whether to
make an appointment of an attorney for the minor child, a
guardian ad litem, or a child representative, the court shall
consider the nature and adequacy of the evidence to be
presented by the parties and the availability of other methods
of obtaining information, including social service
organizations and evaluations by mental health professions, as
well as resources for payment.
    In no event is this Section intended to or designed to
abrogate the decision making power of the trier of fact. Any
appointment made under this Section is not intended to nor
should it serve to place any appointed individual in the role
of a surrogate judge.
    (b) Fees and costs. The court shall enter an order as
appropriate for costs, fees, and disbursements, including a
retainer, when the attorney, guardian ad litem, or child's
representative is appointed, and thereafter as necessary. Any
person appointed under this Section shall file with the court
within 90 days of his or her appointment, and every subsequent
90-day period thereafter during the course of his or her
representation, a detailed invoice for services rendered with a
copy being sent to each party. The court shall review the
invoice submitted and approve the fees, if they are reasonable
and necessary. Any order approving the fees Such orders shall
require payment by either or both parents, by any other party
or source, or from the marital estate or the child's separate
estate. The court may not order payment by the Illinois
Department of Public Aid in cases in which the Department is
providing child support enforcement services under Article X of
the Illinois Public Aid Code. Unless otherwise ordered by the
court at the time fees and costs are approved, all fees and
costs payable to an attorney, guardian ad litem, or child
child's representative under this Section are by implication
deemed to be in the nature of support of the child and are
within the exceptions to discharge in bankruptcy under 11
U.S.C.A. 523. The provisions of Sections 501 and 508 of this
Act shall apply to fees and costs for attorneys appointed under
this Section.
(Source: P.A. 91-410, eff. 1-1-00; 92-590, eff. 7-1-02.)
    (750 ILCS 5/608)  (from Ch. 40, par. 608)
    Sec. 608. Judicial Supervision.
    (a) Except as otherwise agreed by the parties in writing at
the time of the custody judgment or as otherwise ordered by the
court, the custodian may determine the child's upbringing,
including but not limited to, his education, health care and
religious training, unless the court, after hearing, finds,
upon motion by the noncustodial parent, that the absence of a
specific limitation of the custodian's authority would clearly
be contrary to the best interests of the child.
    (b) If both parents or all contestants agree to the order,
or if the court finds that in the absence of agreement the
child's physical health would be endangered or his emotional
development significantly impaired, the court may order the
Department of Children and Family Services to exercise
continuing supervision over the case to assure that the
custodial or visitation terms of the judgment are carried out.
Supervision shall be carried out under the provisions of
Section 5 of the Children and Family Services Act.
    (c) The court may order individual counseling for the
child, family counseling for one or more of the parties and the
child, or parental education for one or more of the parties,
when it finds one or more of the following:
        (1) both parents or all parties agree to the order;
        (2) the court finds that the child's physical health is
    endangered or his or her emotional development is impaired
    including, but not limited to, a finding of visitation
    abuse as defined by Section 607.1; or
        (3) the court finds that one or both of the parties
    have violated the joint parenting agreement with regard to
    conduct affecting or in the presence of the child.
    (d) If the court finds that one or more of the parties has
violated an order of the court with regards to custody,
visitation, or joint parenting, the court shall assess the
costs of counseling against the violating party or parties.
Otherwise, the court may apportion the costs between the
parties as appropriate.
    (e) The remedies provided in this Section are in addition
to, and shall not diminish or abridge in any way, the court's
power to exercise its authority through contempt or other
    (f) All counseling sessions shall be confidential. The
communications in counseling shall not be used in any manner in
litigation nor relied upon by any expert appointed by the court
or retained by any party.
(Source: P.A. 87-824.)

Effective Date: 1/1/2006