103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5548

 

Introduced 2/9/2024, by Rep. Mary Beth Canty

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/600
750 ILCS 5/602.5
750 ILCS 5/602.7
750 ILCS 5/603.10
750 ILCS 5/612 new
750 ILCS 36/102
750 ILCS 36/201
750 ILCS 36/204
750 ILCS 36/207
750 ILCS 36/208
750 ILCS 36/313.1 new

    Amends the Illinois Marriage and Dissolution of Marriage Act. Excludes from the definition of "abuse" obtaining, seeking, or facilitating lawful health care for a minor child by a parent or person in loco parentis. Requires the court to consider in determining parental responsibilities and parenting time a parent's affirmation of the child's gender identity or gender expression in a way that promotes the child's overall health and well-being, including accessing lawful health care. Allows a court to modify an order restricting parental responsibilities if it finds persistent, continuing interference with the child's ability to access lawful health care. Declares it to it is against the public policy of this State and shall not be enforced if a law of another state authorizes the removal of a child from the parent or acting as a parent for allowing a child to receive lawful health care. Amends the Uniform Child-Custody Jurisdiction and Enforcement Act. Provides that the presence of a child in this State for the purpose of obtaining lawful health care is sufficient to meet the jurisdiction of this State for an initial child custody determination for temporary emergency matters. Provides that this State is not an inconvenient forum if lawful health care to the child is at issue in which the law or policy of the other state that may take jurisdiction limits the ability of a parent or person acting as a parent to obtain lawful health care for the child. Effective immediately.


LRB103 38744 JRC 68881 b

 

 

A BILL FOR

 

HB5548LRB103 38744 JRC 68881 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Sections 600, 602.5,
6602.7, and 603.10 and by adding Section 612 as follows:
 
7    (750 ILCS 5/600)
8    Sec. 600. Definitions. For purposes of this Part VI:
9    (a) "Abuse" has the meaning ascribed to that term in
10Section 103 of the Illinois Domestic Violence Act of 1986.
11"Abuse" does not include obtaining, seeking, or facilitating
12lawful health care for a minor child by a parent or person in
13loco parentis.
14    (b) "Allocation judgment" means a judgment allocating
15parental responsibilities.
16    (c) "Caretaking functions" means tasks that involve
17interaction with a child or that direct, arrange, and
18supervise the interaction with and care of a child provided by
19others, or for obtaining the resources allowing for the
20provision of these functions. The term includes, but is not
21limited to, the following:
22        (1) satisfying a child's nutritional needs; managing a
23    child's bedtime and wake-up routines; caring for a child

 

 

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1    when the child is sick or injured; being attentive to a
2    child's personal hygiene needs, including washing,
3    grooming, and dressing; playing with a child and ensuring
4    the child attends scheduled extracurricular activities;
5    protecting a child's physical safety; and providing
6    transportation for a child;
7        (2) directing a child's various developmental needs,
8    including the acquisition of motor and language skills,
9    toilet training, self-confidence, and maturation;
10        (3) providing discipline, giving instruction in
11    manners, assigning and supervising chores, and performing
12    other tasks that attend to a child's needs for behavioral
13    control and self-restraint;
14        (4) ensuring the child attends school, including
15    remedial and special services appropriate to the child's
16    needs and interests, communicating with teachers and
17    counselors, and supervising homework;
18        (5) helping a child develop and maintain appropriate
19    interpersonal relationships with peers, siblings, and
20    other family members;
21        (6) ensuring the child attends medical appointments
22    and is available for medical follow-up and meeting the
23    medical needs of the child in the home;
24        (7) providing moral and ethical guidance for a child;
25    and
26        (8) arranging alternative care for a child by a family

 

 

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1    member, babysitter, or other child care provider or
2    facility, including investigating such alternatives,
3    communicating with providers, and supervising such care.
4    "Lawful health care" has the meaning ascribed to that term
5in the Lawful Health Care Activity Act.
6    (e) (d) "Parental responsibilities" means both parenting
7time and significant decision-making responsibilities with
8respect to a child.
9    (f) (e) "Parenting time" means the time during which a
10parent is responsible for exercising caretaking functions and
11non-significant decision-making responsibilities with respect
12to the child.
13    (g) (f) "Parenting plan" means a written agreement that
14allocates significant decision-making responsibilities,
15parenting time, or both.
16    (h) (g) "Relocation" means:
17        (1) a change of residence from the child's current
18    primary residence located in the county of Cook, DuPage,
19    Kane, Lake, McHenry, or Will to a new residence within
20    this State that is more than 25 miles from the child's
21    current residence, as measured by an Internet mapping
22    service;
23        (2) a change of residence from the child's current
24    primary residence located in a county not listed in
25    paragraph (1) to a new residence within this State that is
26    more than 50 miles from the child's current primary

 

 

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1    residence, as measured by an Internet mapping service; or
2        (3) a change of residence from the child's current
3    primary residence to a residence outside the borders of
4    this State that is more than 25 miles from the current
5    primary residence, as measured by an Internet mapping
6    service.
7    (i) (h) "Religious upbringing" means the choice of religion
8or denomination of a religion, religious schooling, religious
9training, or participation in religious customs or practices.
10    (j) (i) "Restriction of parenting time" means any
11limitation or condition placed on parenting time, including
12supervision.
13    (k) (j) "Right of first refusal" has the meaning provided
14in subsection (b) of Section 602.3 of this Act.
15    (l) (k) "Significant decision-making" means deciding
16issues of long-term importance in the life of a child.
17    (m) (l) "Step-parent" means a person married to a child's
18parent, including a person married to the child's parent
19immediately prior to the parent's death.
20    (n) (m) "Supervision" means the presence of a third party
21during a parent's exercise of parenting time.
22(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
 
23    (750 ILCS 5/602.5)
24    Sec. 602.5. Allocation of parental responsibilities:
25decision-making.

 

 

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1    (a) Generally. The court shall allocate decision-making
2responsibilities according to the child's best interests.
3Nothing in this Act requires that each parent be allocated
4decision-making responsibilities.
5    (b) Allocation of significant decision-making
6responsibilities. Unless the parents otherwise agree in
7writing on an allocation of significant decision-making
8responsibilities, or the issue of the allocation of parental
9responsibilities has been reserved under Section 401, the
10court shall make the determination. The court shall allocate
11to one or both of the parents the significant decision-making
12responsibility for each significant issue affecting the child.
13Those significant issues shall include, without limitation,
14the following:
15        (1) Education, including the choice of schools and
16    tutors.
17        (2) Health, including all decisions relating to the
18    medical, dental, and psychological needs of the child and
19    to the treatments arising or resulting from those needs.
20        (3) Religion, subject to the following provisions:
21            (A) The court shall allocate decision-making
22        responsibility for the child's religious upbringing in
23        accordance with any express or implied agreement
24        between the parents.
25            (B) The court shall consider evidence of the
26        parents' past conduct as to the child's religious

 

 

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1        upbringing in allocating decision-making
2        responsibilities consistent with demonstrated past
3        conduct in the absence of an express or implied
4        agreement between the parents.
5            (C) The court shall not allocate any aspect of the
6        child's religious upbringing if it determines that the
7        parents do not or did not have an express or implied
8        agreement for such religious upbringing or that there
9        is insufficient evidence to demonstrate a course of
10        conduct regarding the child's religious upbringing
11        that could serve as a basis for any such order.
12        (4) Extracurricular activities.
13    (c) Determination of child's best interests. In
14determining the child's best interests for purposes of
15allocating significant decision-making responsibilities, the
16court shall consider all relevant factors, including, without
17limitation, the following:
18        (1) the wishes of the child, taking into account the
19    child's maturity and ability to express reasoned and
20    independent preferences as to decision-making;
21        (2) the child's adjustment to his or her home, school,
22    and community;
23        (3) the mental and physical health of all individuals
24    involved;
25        (4) a parent's affirmation of the child's gender
26    identity or gender expression in a way that promotes the

 

 

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1    child's overall health and well-being, including accessing
2    lawful health care;
3        (5) (4) the ability of the parents to cooperate to
4    make decisions, or the level of conflict between the
5    parties that may affect their ability to share
6    decision-making;
7        (6) (5) the level of each parent's participation in
8    past significant decision-making with respect to the
9    child;
10        (7) (6) any prior agreement or course of conduct
11    between the parents relating to decision-making with
12    respect to the child;
13        (8) (7) the wishes of the parents;
14        (9) (8) the child's needs;
15        (10) (9) the distance between the parents' residences,
16    the cost and difficulty of transporting the child, each
17    parent's and the child's daily schedules, and the ability
18    of the parents to cooperate in the arrangement;
19        (11) (10) whether a restriction on decision-making is
20    appropriate under Section 603.10;
21        (12) (11) the willingness and ability of each parent to
22    facilitate and encourage a close and continuing
23    relationship between the other parent and the child;
24        (13) (12) the physical violence or threat of physical
25    violence by the child's parent directed against the child;
26        (14) (13) the occurrence of abuse against the child or

 

 

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1    other member of the child's household;
2        (15) (14) whether one of the parents is a sex
3    offender, and if so, the exact nature of the offense and
4    what, if any, treatment in which the parent has
5    successfully participated; and
6        (16) (15) any other factor that the court expressly
7    finds to be relevant.
8    (d) A parent shall have sole responsibility for making
9routine decisions with respect to the child and for emergency
10decisions affecting the child's health and safety during that
11parent's parenting time.
12    (e) In allocating significant decision-making
13responsibilities, the court shall not consider conduct of a
14parent that does not affect that parent's relationship to the
15child.
16(Source: P.A. 99-90, eff. 1-1-16.)
 
17    (750 ILCS 5/602.7)
18    Sec. 602.7. Allocation of parental responsibilities:
19parenting time.
20    (a) Best interests. The court shall allocate parenting
21time according to the child's best interests.
22    (b) Allocation of parenting time. Unless the parents
23present a mutually agreed written parenting plan and that plan
24is approved by the court, the court shall allocate parenting
25time. It is presumed both parents are fit and the court shall

 

 

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1not place any restrictions on parenting time as defined in
2Section 600 and described in Section 603.10, unless it finds
3by a preponderance of the evidence that a parent's exercise of
4parenting time would seriously endanger the child's physical,
5mental, moral, or emotional health.
6    In determining the child's best interests for purposes of
7allocating parenting time, the court shall consider all
8relevant factors, including, without limitation, the
9following:
10        (1) the wishes of each parent seeking parenting time;
11        (2) the wishes of the child, taking into account the
12    child's maturity and ability to express reasoned and
13    independent preferences as to parenting time;
14        (3) the amount of time each parent spent performing
15    caretaking functions with respect to the child in the 24
16    months preceding the filing of any petition for allocation
17    of parental responsibilities or, if the child is under 2
18    years of age, since the child's birth;
19        (4) any prior agreement or course of conduct between
20    the parents relating to caretaking functions with respect
21    to the child;
22        (5) the interaction and interrelationship of the child
23    with his or her parents and siblings and with any other
24    person who may significantly affect the child's best
25    interests;
26        (6) the child's adjustment to his or her home, school,

 

 

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1    and community;
2        (7) the mental and physical health of all individuals
3    involved;
4        (8) the child's needs;
5        (9) the distance between the parents' residences, the
6    cost and difficulty of transporting the child, each
7    parent's and the child's daily schedules, and the ability
8    of the parents to cooperate in the arrangement;
9        (10) whether a restriction on parenting time is
10    appropriate;
11        (11) the physical violence or threat of physical
12    violence by the child's parent directed against the child
13    or other member of the child's household;
14        (12) the willingness and ability of each parent to
15    place the needs of the child ahead of his or her own needs;
16        (13) the willingness and ability of each parent to
17    facilitate and encourage a close and continuing
18    relationship between the other parent and the child;
19        (14) the occurrence of abuse against the child or
20    other member of the child's household;
21        (15) whether one of the parents is a convicted sex
22    offender or lives with a convicted sex offender and, if
23    so, the exact nature of the offense and what if any
24    treatment the offender has successfully participated in;
25    the parties are entitled to a hearing on the issues raised
26    in this paragraph (15);

 

 

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1        (16) the terms of a parent's military family-care plan
2    that a parent must complete before deployment if a parent
3    is a member of the United States Armed Forces who is being
4    deployed; and
5        (17) a parent's affirmation of the child's gender
6    identity or gender expression in a way that promotes the
7    child's overall health and well-being, including accessing
8    lawful health care; and
9        (18) (17) any other factor that the court expressly
10    finds to be relevant.
11    (c) In allocating parenting time, the court shall not
12consider conduct of a parent that does not affect that
13parent's relationship to the child.
14    (d) Upon motion, the court may allow a parent who is
15deployed or who has orders to be deployed as a member of the
16United States Armed Forces to designate a person known to the
17child to exercise reasonable substitute visitation on behalf
18of the deployed parent, if the court determines that
19substitute visitation is in the best interests of the child.
20In determining whether substitute visitation is in the best
21interests of the child, the court shall consider all of the
22relevant factors listed in subsection (b) of this Section and
23apply those factors to the person designated as a substitute
24for the deployed parent for visitation purposes. Visitation
25orders entered under this subsection are subject to
26subsections (e) and (f) of Section 602.9 and subsections (c)

 

 

HB5548- 12 -LRB103 38744 JRC 68881 b

1and (d) of Section 603.10.
2    (e) If the street address of a parent is not identified
3pursuant to Section 708 of this Act, the court shall require
4the parties to identify reasonable alternative arrangements
5for parenting time by the other parent including, but not
6limited to, parenting time of the minor child at the residence
7of another person or at a local public or private facility.
8(Source: P.A. 99-90, eff. 1-1-16.)
 
9    (750 ILCS 5/603.10)
10    Sec. 603.10. Restriction of parental responsibilities.
11    (a) After a hearing, if the court finds by a preponderance
12of the evidence that a parent engaged in any conduct that
13seriously endangered the child's mental, moral, or physical
14health or that significantly impaired the child's emotional
15development, the court shall enter orders as necessary to
16protect the child. Such orders may include, but are not
17limited to, orders for one or more of the following:
18        (1) a reduction, elimination, or other adjustment of
19    the parent's decision-making responsibilities or parenting
20    time, or both decision-making responsibilities and
21    parenting time;
22        (2) supervision, including ordering the Department of
23    Children and Family Services to exercise continuing
24    supervision under Section 5 of the Children and Family
25    Services Act;

 

 

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1        (3) requiring the exchange of the child between the
2    parents through an intermediary or in a protected setting;
3        (4) restraining a parent's communication with or
4    proximity to the other parent or the child;
5        (5) requiring a parent to abstain from possessing or
6    consuming alcohol or non-prescribed drugs while exercising
7    parenting time with the child and within a specified
8    period immediately preceding the exercise of parenting
9    time;
10        (6) restricting the presence of specific persons while
11    a parent is exercising parenting time with the child;
12        (7) requiring a parent to post a bond to secure the
13    return of the child following the parent's exercise of
14    parenting time or to secure other performance required by
15    the court;
16        (8) requiring a parent to complete a treatment program
17    for perpetrators of abuse, for drug or alcohol abuse, or
18    for other behavior that is the basis for restricting
19    parental responsibilities under this Section; and
20        (9) any other constraints or conditions that the court
21    deems necessary to provide for the child's safety or
22    welfare.
23    (b) The court may modify an order restricting parental
24responsibilities if, after a hearing, the court finds by a
25preponderance of the evidence that a modification is in the
26child's best interests based on (i) a change of circumstances

 

 

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1that occurred after the entry of an order restricting parental
2responsibilities; or (ii) conduct of which the court was
3previously unaware that seriously endangers the child. In
4determining whether to modify an order under this subsection,
5the court must consider factors that include, but need not be
6limited to, the following:
7        (1) abuse, neglect, or abandonment of the child;
8        (2) abusing or allowing abuse of another person that
9    had an impact upon the child;
10        (3) use of drugs, alcohol, or any other substance in a
11    way that interferes with the parent's ability to perform
12    caretaking functions with respect to the child; and
13        (4) persistent continuing interference with the other
14    parent's access to the child, except for actions taken
15    with a reasonable, good-faith belief that they are
16    necessary to protect the child's safety pending
17    adjudication of the facts underlying that belief, provided
18    that the interfering parent initiates a proceeding to
19    determine those facts as soon as practicable; and .
20        (5) persistent continuing interference with the
21    child's ability to access lawful health care.
22    (c) An order granting parenting time to a parent or
23visitation to another person may be revoked by the court if
24that parent or other person is found to have knowingly used his
25or her parenting time or visitation to facilitate contact
26between the child and a parent who has been barred from contact

 

 

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1with the child or to have knowingly used his or her parenting
2time or visitation to facilitate contact with the child that
3violates any restrictions imposed on a parent's parenting time
4by a court of competent jurisdiction. Nothing in this
5subsection limits a court's authority to enforce its orders in
6any other manner authorized by law.
7    (d) If parenting time of a parent is restricted, an order
8granting visitation to a non-parent with a child or an order
9granting parenting time to the other parent shall contain the
10following language:
11        "If a person granted parenting time or visitation
12    under this order uses that time to facilitate contact
13    between the child and a parent whose parenting time is
14    restricted, or if such a person violates any restrictions
15    placed on parenting time or visitation by the court, the
16    parenting time or visitation granted under this order
17    shall be revoked until further order of court."
18    (e) A parent who, after a hearing, is determined by the
19court to have been convicted of any offense involving an
20illegal sex act perpetrated upon a victim less than 18 years of
21age, including but not limited to an offense under Article 11
22of the Criminal Code of 2012, is not entitled to parenting time
23while incarcerated or while on parole, probation, conditional
24discharge, periodic imprisonment, or mandatory supervised
25release for a felony offense, until the parent complies with
26such terms and conditions as the court determines are in the

 

 

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1child's best interests, taking into account the exact nature
2of the offense and what, if any, treatment in which the parent
3successfully participated.
4    (f) A parent may not, while the child is present, visit any
5person granted visitation or parenting time who has been
6convicted of first degree murder, unless the court finds,
7after considering all relevant factors, including those set
8forth in subsection (b) of Section 602.7, that it would be in
9the child's best interests to allow the child to be present
10during such a visit.
11(Source: P.A. 99-90, eff. 1-1-16.)
 
12    (750 ILCS 5/612 new)
13    Sec. 612. Legislative declaration of public policy. A law
14of another state that authorizes the removal of a child from a
15parent or person acting as a parent based on the parent or
16person acting as a parent allowing a child to receive lawful
17health care is against the public policy of this State and
18shall not be enforced or applied in a case pending in a court
19in this State.
 
20    Section 10. The Uniform Child-Custody Jurisdiction and
21Enforcement Act is amended by changing Sections 102, 201, 204,
22207, and 208 and by adding Section 313.1 as follows:
 
23    (750 ILCS 36/102)

 

 

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1    Sec. 102. Definitions. In this Act:
2    (1) "Abandoned" means left without provision for
3reasonable and necessary care or supervision.
4    (2) "Child" means an individual who has not attained 18
5years of age.
6    (3) "Child-custody determination" means a judgment,
7decree, or other order of a court providing for the legal
8custody, physical custody, or visitation with respect to a
9child. The term includes a permanent, temporary, initial, and
10modification order. The term does not include an order
11relating to child support or other monetary obligation of an
12individual.
13    (4) "Child-custody proceeding" means a proceeding in which
14legal custody, physical custody, or visitation with respect to
15a child is an issue. The term includes a proceeding for
16divorce, separation, neglect, abuse, dependency, guardianship,
17paternity, termination of parental rights, and protection from
18domestic violence, in which the issue may appear. The term
19does not include a proceeding involving juvenile delinquency,
20contractual emancipation, or enforcement under Article 3.
21    (5) "Commencement" means the filing of the first pleading
22in a proceeding.
23    (6) "Court" means an entity authorized under the law of a
24state to establish, enforce, or modify a child-custody
25determination.
26    (7) "Home state" means the state in which a child lived

 

 

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1with a parent or a person acting as a parent for at least six
2consecutive months immediately before the commencement of a
3child-custody proceeding. In the case of a child less than six
4months of age, the term means the state in which the child
5lived from birth with any of the persons mentioned. A period of
6temporary absence of any of the mentioned persons is part of
7the period.
8    (8) "Initial determination" means the first child-custody
9determination concerning a particular child.
10    (9) "Issuing court" means the court that makes a
11child-custody determination for which enforcement is sought
12under this Act.
13    (10) "Issuing state" means the state in which a
14child-custody determination is made.
15    (11) "Lawful health care" has the meaning ascribed to that
16term in the Lawful Health Care Activity Act.
17    (12) (11) "Modification" means a child-custody
18determination that changes, replaces, supersedes, or is
19otherwise made after a previous determination concerning the
20same child, whether or not it is made by the court that made
21the previous determination.
22    (13) (12) "Person" means an individual, corporation,
23business trust, estate, trust, partnership, limited liability
24company, association, joint venture, government; governmental
25subdivision, agency, or instrumentality; public corporation;
26or any other legal or commercial entity.

 

 

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1    (14) (13) "Person acting as a parent" means a person,
2other than a parent, who:
3        (A) has physical custody of the child or has had
4    physical custody for a period of six consecutive months,
5    including any temporary absence, within one year
6    immediately before the commencement of a child-custody
7    proceeding; and
8        (B) has been awarded legal custody by a court or
9    claims a right to legal custody under the law of this
10    State.
11    (15) (14) "Physical custody" means the physical care and
12supervision of a child.
13    (16) (15) "State" means a state of the United States, the
14District of Columbia, Puerto Rico, the United States Virgin
15Islands, or any territory or insular possession subject to the
16jurisdiction of the United States.
17    (17) (16) "Tribe" means an Indian tribe or band, or
18Alaskan Native village, which is recognized by federal law or
19formally acknowledged by a state.
20    (18) (17) "Warrant" means an order issued by a court
21authorizing law enforcement officers to take physical custody
22of a child.
23(Source: P.A. 93-108, eff. 1-1-04.)
 
24    (750 ILCS 36/201)
25    Sec. 201. Initial Child-Custody Jurisdiction.

 

 

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1    (a) Except as otherwise provided in Section 204, a court
2of this State has jurisdiction to make an initial
3child-custody determination only if:
4        (1) this State is the home state of the child on the
5    date of the commencement of the proceeding, or was the
6    home state of the child within six months before the
7    commencement of the proceeding and the child is absent
8    from this State but a parent or person acting as a parent
9    continues to live in this State;
10        (2) a court of another state does not have
11    jurisdiction under paragraph (1), or a court of the home
12    state of the child has declined to exercise jurisdiction
13    on the ground that this State is the more appropriate
14    forum under Section 207 or 208, and:
15            (A) the child and the child's parents, or the
16        child and at least one parent or a person acting as a
17        parent, have a significant connection with this State
18        other than mere physical presence; and
19            (B) substantial evidence is available in this
20        State concerning the child's care, protection,
21        training, and personal relationships;
22        (3) all courts having jurisdiction under paragraph (1)
23    or (2) have declined to exercise jurisdiction on the
24    ground that a court of this State is the more appropriate
25    forum to determine the custody of the child under Section
26    207 or 208; or

 

 

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1        (4) no court of any other state would have
2    jurisdiction under the criteria specified in paragraph
3    (1), (2), or (3).
4    (b) Subsection (a) is the exclusive jurisdictional basis
5for making a child-custody determination by a court of this
6State.
7    (c) Physical presence of, or personal jurisdiction over, a
8party or a child is not necessary or sufficient to make a
9child-custody determination.
10    (d) The presence of a child in this State for the purpose
11of obtaining lawful health care is sufficient to meet the
12requirements of paragraphs 2(A) and (B) of subsection (a).
13(Source: P.A. 93-108, eff. 1-1-04.)
 
14    (750 ILCS 36/204)
15    Sec. 204. Temporary Emergency Jurisdiction.
16    (a) A court of this State has temporary emergency
17jurisdiction if the child is present in this State and the
18child has been abandoned or it is necessary in an emergency to
19protect the child because the child, or a sibling or parent of
20the child, is subjected to or threatened with mistreatment or
21abuse, or the child is present in this state because the child
22has been unable to obtain lawful health care in another
23state..
24    (b) If there is no previous child-custody determination
25that is entitled to be enforced under this Act and a

 

 

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1child-custody proceeding has not been commenced in a court of
2a state having jurisdiction under Sections 201 through 203, a
3child-custody determination made under this Section remains in
4effect until an order is obtained from a court of a state
5having jurisdiction under Sections 201 through 203. If a
6child-custody proceeding has not been or is not commenced in a
7court of a state having jurisdiction under Sections 201
8through 203, a child-custody determination made under this
9Section becomes a final determination, if it so provides and
10this State becomes the home state of the child.
11    (c) If there is a previous child-custody determination
12that is entitled to be enforced under this Act, or a
13child-custody proceeding has been commenced in a court of a
14state having jurisdiction under Sections 201 through 203, any
15order issued by a court of this State under this Section must
16specify in the order a period that the court considers
17adequate to allow the person seeking an order to obtain an
18order from the state having jurisdiction under Sections 201
19through 203. The order issued in this State remains in effect
20until an order is obtained from the other state within the
21period specified or the period expires.
22    (d) A court of this State which has been asked to make a
23child-custody determination under this Section, upon being
24informed that a child-custody proceeding has been commenced
25in, or a child-custody determination has been made by, a court
26of a state having jurisdiction under Sections 201 through 203,

 

 

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1shall immediately communicate with the other court. A court of
2this State which is exercising jurisdiction pursuant to
3Sections 201 through 203, upon being informed that a
4child-custody proceeding has been commenced in, or a
5child-custody determination has been made by, a court of
6another state under a statute similar to this Section shall
7immediately communicate with the court of that state to
8resolve the emergency, protect the safety of the parties and
9the child, and determine a period for the duration of the
10temporary order.
11(Source: P.A. 93-108, eff. 1-1-04.)
 
12    (750 ILCS 36/207)
13    Sec. 207. Inconvenient Forum.
14    (a) A court of this State which has jurisdiction under
15this Act to make a child-custody determination may decline to
16exercise its jurisdiction at any time if it determines that it
17is an inconvenient forum under the circumstances and that a
18court of another state is a more appropriate forum. The issue
19of inconvenient forum may be raised upon motion of a party, the
20court's own motion, or request of another court.
21    (b) Before determining whether it is an inconvenient
22forum, a court of this State shall consider whether it is
23appropriate for a court of another state to exercise
24jurisdiction. For this purpose, the court shall allow the
25parties to submit information and shall consider all relevant

 

 

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1factors, including:
2        (1) whether domestic violence has occurred and is
3    likely to continue in the future and which state could
4    best protect the parties and the child;
5        (2) the length of time the child has resided outside
6    this State;
7        (3) the distance between the court in this State and
8    the court in the state that would assume jurisdiction;
9        (4) the relative financial circumstances of the
10    parties;
11        (5) any agreement of the parties as to which state
12    should assume jurisdiction;
13        (6) the nature and location of the evidence required
14    to resolve the pending litigation, including testimony of
15    the child;
16        (7) the ability of the court of each state to decide
17    the issue expeditiously and the procedures necessary to
18    present the evidence; and
19        (8) the familiarity of the court of each state with
20    the facts and issues in the pending litigation.
21    (c) If a court of this State determines that it is an
22inconvenient forum and that a court of another state is a more
23appropriate forum, it shall stay the proceedings upon
24condition that a child-custody proceeding be promptly
25commenced in another designated state and may impose any other
26condition the court considers just and proper.

 

 

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1    (d) A court of this State may decline to exercise its
2jurisdiction under this Act if a child-custody determination
3is incidental to an action for divorce or another proceeding
4while still retaining jurisdiction over the divorce or other
5proceeding.
6    (e) In a case where the provision of lawful health care to
7the child is at issue, a court of this State shall not
8determine that it is an inconvenient forum and must find that
9it is a more appropriate forum where the law or policy of the
10other state that may take jurisdiction limits the ability of a
11parent or person acting as a parent to obtain lawful health
12care for their child.
13(Source: P.A. 93-108, eff. 1-1-04.)
 
14    (750 ILCS 36/208)
15    Sec. 208. Jurisdiction Declined By Reason Of Conduct.
16    (a) Except as otherwise provided in Section 204 or by
17other law of this State, if a court of this State has
18jurisdiction under this Act because a person seeking to invoke
19its jurisdiction has engaged in unjustifiable conduct, the
20court shall decline to exercise its jurisdiction unless:
21        (1) the parents and all persons acting as parents have
22    acquiesced in the exercise of jurisdiction;
23        (2) a court of the state otherwise having jurisdiction
24    under Sections 201 through 203 determines that this State
25    is a more appropriate forum under Section 207; or

 

 

HB5548- 26 -LRB103 38744 JRC 68881 b

1        (3) no court of any other state would have
2    jurisdiction under the criteria specified in Sections 201
3    through 203.
4    (b) If a court of this State declines to exercise its
5jurisdiction pursuant to subsection (a), it may fashion an
6appropriate remedy to ensure the safety of the child and
7prevent a repetition of the unjustifiable conduct, including
8staying the proceeding until a child-custody proceeding is
9commenced in a court having jurisdiction under Sections 201
10through 203.
11    (c) If a court dismisses a petition or stays a proceeding
12because it declines to exercise its jurisdiction pursuant to
13subsection (a), it shall assess against the party seeking to
14invoke its jurisdiction necessary and reasonable expenses
15including costs, communication expenses, attorney's fees,
16investigative fees, expenses for witnesses, travel expenses,
17and child care during the course of the proceedings, unless
18the party from whom fees are sought establishes that the
19assessment would be clearly inappropriate. The court may not
20assess fees, costs, or expenses against this State unless
21authorized by law other than this Act.
22    (d) In making a determination under this Section, a court
23shall not consider as a factor weighing against the petitioner
24any taking of the child, or retention of the child after a
25visit or other temporary relinquishment of physical custody,
26from the person who has legal custody, if there is a finding

 

 

HB5548- 27 -LRB103 38744 JRC 68881 b

1that the taking or retention of the child was to protect the
2petitioner from domestic violence or the child or sibling from
3mistreatment or abuse, or for the purposes of obtaining lawful
4health care for the child and the law or policy of the other
5state limits the ability of a parent to obtain such lawful
6health care for their child.
7(Source: P.A. 93-108, eff. 1-1-04.)
 
8    (750 ILCS 36/313.1 new)
9    Sec. 313.1. Legislative declaration of public policy. A
10law of another state that authorizes the removal of a child
11from a parent or person acting as a parent based on the parent
12or person acting as a parent allowing a child to receive lawful
13health care is against the public policy of this State and
14shall not be enforced or applied in a case pending in a court
15in this State.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.