Public Act 90-0801 of the 90th General Assembly

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Public Act 90-0801

SB1386 Re-enrolled                             LRB9011263RCpc

    AN ACT in relation to visitation rights,  amending  named
Acts.

    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 607 as follows:

    (750 ILCS 5/607) (from Ch. 40, par. 607)
    Sec. 607. Visitation.
    (a)  A  parent  not  granted  custody  of  the  child  is
entitled  to  reasonable  visitation  rights unless the court
finds,  after  a  hearing,  that  visitation  would  endanger
seriously the child's physical, mental,  moral  or  emotional
health.  If the custodian's street address is not identified,
pursuant  to Section 708, the court shall require the parties
to   identify   reasonable   alternative   arrangements   for
visitation by  a  non-custodial  parent,  including  but  not
limited  to visitation of the minor child at the residence of
another person or at a local public or private facility.
    (b) (1)  The  court  may  grant   reasonable   visitation
privileges to a grandparent, great-grandparent, or sibling of
any   minor   child   upon  petition  to  the  court  by  the
grandparents  or  great-grandparents  or  on  behalf  of  the
sibling, with notice to the parties required to  be  notified
under  Section  601 of this Act, if the court determines that
it is in the best interests and welfare of the child, and may
issue  any  necessary  orders  to  enforce  such   visitation
privileges.   Except  as  provided  in  paragraph (2) of this
subsection (b), a petition for visitation privileges  may  be
filed  under  this  subsection  (b) whether or not a petition
pursuant  to  this  Act  has  been  previously  filed  or  is
currently  pending  if  one  or   more   of   the   following
circumstances exist:
         (A)  the  parents  are not currently cohabiting on a
    permanent or an indefinite basis;
         (B)  one of the parents has  been  absent  from  the
    marital  abode for more than one month without the spouse
    knowing his or her whereabouts;
         (C)  one of the parents is deceased;
         (D)  one of the parents joins in the  petition  with
    the grandparents, great-grandparents, or sibling; or
         (E)  a sibling is in State custody.
    (2)(A)  A petition for visitation privileges shall not be
filed  pursuant  to  this  subsection  (b)  by the parents or
grandparents of a putative father if  the  paternity  of  the
putative father has not been legally established.
    (B)  A  petition  for  visitation  privileges  may not be
filed under this subsection (b)  if  the  child  who  is  the
subject  of the grandparents' or great-grandparents' petition
has been voluntarily surrendered by the  parent  or  parents,
except for a surrender to the Illinois Department of Children
and  Family  Services  or a foster care facility, or has been
previously adopted by an individual or  individuals  who  are
not  related to the biological parents of the child or is the
subject of a pending adoption petition by  an  individual  or
individuals  who are not related to the biological parents of
the child.
    (3)  When one parent is deceased,  the  surviving  parent
shall  not  interfere  with  the  visitation  rights  of  the
grandparents.
    (c)  The  court  may  modify an order granting or denying
visitation rights whenever modification would serve the  best
interest  of  the  child; but the court shall  not restrict a
parent's  visitation  rights  unless  it   finds   that   the
visitation  would  endanger  seriously  the child's physical,
mental, moral or emotional health.
    (d)  If any court has  entered  an  order  prohibiting  a
non-custodial parent of a child from any contact with a child
or  restricting  the  non-custodial parent's contact with the
child, the following provisions shall apply:
         (1)  If  an  order   has   been   entered   granting
    visitation  privileges with the child to a grandparent or
    great-grandparent who is related to the child through the
    non-custodial parent, the visitation  privileges  of  the
    grandparent or great-grandparent may be revoked if:
              (i)  a  court  has entered an order prohibiting
         the non-custodial parent from any contact  with  the
         child,  and  the grandparent or great-grandparent is
         found to have used his or her visitation  privileges
         to  facilitate  contact  between  the  child and the
         non-custodial parent; or
              (ii)  a court has entered an order  restricting
         the  non-custodial  parent's contact with the child,
         and the grandparent or great-grandparent is found to
         have  used  his  or  her  visitation  privileges  to
         facilitate  contact  between  the  child   and   the
         non-custodial  parent  in a manner that violates the
         terms of the  order  restricting  the  non-custodial
         parent's contact with the child.
         Nothing in this subdivision (1) limits the authority
    of  the  court  to  enforce  its  orders  in  any  manner
    permitted by law.
         (2)  Any  order  granting visitation privileges with
    the child to a grandparent or  great-grandparent  who  is
    related  to  the  child  through the non-custodial parent
    shall contain the following provision:
         "If the (grandparent or great-grandparent, whichever
    is applicable) who has been granted visitation privileges
    under  this  order  uses  the  visitation  privileges  to
    facilitate contact between  the  child  and  the  child's
    non-custodial  parent,  the visitation privileges granted
    under this order shall be permanently revoked."
    (e)  No parent, not granted  custody  of  the  child,  or
grandparent,  or  great-grandparent,  or sibling of any minor
child, 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 Article 12 of
the Criminal Code of 1961, is entitled to  visitation  rights
while incarcerated or while on parole or mandatory supervised
release   for   that   offense,   and   upon  discharge  from
incarceration for a misdemeanor  offense  or  upon  discharge
from  parole  or  mandatory  supervised  release for a felony
offense,  visitation  shall  be  denied  until  said   person
successfully  completes  a  treatment program approved by the
court.
    (f)  Unless the court determines, after  considering  all
relevant  factors,  including  but  not  limited to those set
forth in Section  602(a),  that  it  would  be  in  the  best
interests  of  the child to allow visitation, the court shall
not enter an order providing visitation rights  and  pursuant
to  a  motion  to  modify  visitation shall revoke visitation
rights previously granted to any person who  would  otherwise
be  entitled  to  petition  for  visitation rights under this
Section who has been convicted of first degree murder of  the
parent,  grandparent,  great-grandparent,  or  sibling of the
child who is the subject of the order.   Until  an  order  is
entered  pursuant  to this subsection, no person shall 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.  88-23;  88-267; 88-670, eff. 12-2-94; 89-488,
eff. 6-21-96.)

    Section 10.  The  Probate  Act  of  1975  is  amended  by
changing Section 11-7.1 as follows:

    (755 ILCS 5/11-7.1) (from Ch. 110 1/2, par. 11-7.1)
    Sec. 11-7.1. Visitation rights.
    (a)  Whenever both natural or adoptive parents of a minor
are deceased, visitation  rights  shall  be  granted  to  the
grandparents  of the minor who are the parents of the minor's
legal parents unless it is shown that such  visitation  would
be  detrimental  to  the  best  interests  and welfare of the
minor.  In the discretion of the court, reasonable visitation
rights may be granted to any other relative of the  minor  or
other  person having an interest in the welfare of the child.
However, the court shall not grant visitation  privileges  to
any  person  who  otherwise  might have visitation privileges
under  this  Section  where  the  minor  has   been   adopted
subsequent  to  the  death  of  both his legal parents except
where such adoption is by a close relative.  For the  purpose
of  this  Section, "close relative" shall include, but not be
limited to, a grandparent,  aunt,  uncle,  first  cousin,  or
adult brother or sister.
    Where  such  adoption  is  by a close relative, the court
shall not grant  visitation  privileges  under  this  Section
unless  the  petitioner alleges and proves that he or she has
been unreasonably denied  visitation  with  the  child.   The
court may grant reasonable visitation privileges upon finding
that  such  visitation  would  be in the best interest of the
child.
    An order denying visitation rights to grandparents of the
minor shall be in writing and shall  state  the  reasons  for
denial.  An  order denying visitation rights is a final order
for purposes of appeal.
    (b)  Unless the court determines, after  considering  all
relevant  factors,  including  but  not  limited to those set
forth  in  Section  602(a)  of  the  Illinois  Marriage   and
Dissolution  of  Marriage  Act,  that it would be in the best
interests of the child to allow visitation, the  court  shall
not  enter  an order providing visitation rights and pursuant
to a motion to modify visitation brought under Section 607(f)
of the Illinois Marriage  and  Dissolution  of  Marriage  Act
shall  revoke  visitation  rights  previously  granted to any
person who  would  otherwise  be  entitled  to  petition  for
visitation  rights  under this Section who has been convicted
of  first  degree  murder   of   the   parent,   grandparent,
great-grandparent, or sibling of the child who is the subject
of  the  order.   Until  an order is entered pursuant to this
subsection, no person shall 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. 85-1274.)

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