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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4216
Introduced 12/02/05, by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED:
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750 ILCS 5/604 |
from Ch. 40, par. 604 |
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Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that the court may seek an evaluation by (instead of the advice of) professional personnel, whether or
not employed by the court on a regular basis. Provides that the evaluation shall include assessments for domestic violence. Prohibits the professional from making a recommendation as to the custody of the child. Provides that counsel shall not directly or indirectly communicate with the professional unless by order of the court. Provides that any unauthorized communication by counsel with the professional shall result in the professional being precluded from testifying and from the contents of his or her report from being considered by the court.
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A BILL FOR
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HB4216 |
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LRB094 15299 LCT 50490 b |
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| AN ACT concerning families.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Marriage and Dissolution of |
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| Marriage Act is amended by changing Section 604 as follows:
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| (750 ILCS 5/604) (from Ch. 40, par. 604)
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| Sec. 604. Interviews.) (a) The court may interview the |
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| child in chambers
to ascertain the child's wishes as to his |
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| custodian and as to visitation.
Counsel shall be present at the |
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| interview unless otherwise agreed upon by
the parties. The |
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| court shall cause a court reporter to be present who shall
make |
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| a complete record of the interview instantaneously to be part |
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| of the
record in the case.
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| (b) The court may seek an evaluation by
the advice of |
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| professional personnel, whether or
not employed by the court on |
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| a regular basis. The evaluation
advice given shall be
in |
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| writing and made available by the court to counsel. The |
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| evaluation shall include assessments for domestic violence. |
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| The professional shall not make a recommendation as to the |
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| custody of the child. Counsel shall not directly or indirectly |
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| communicate with the professional unless by order of the court. |
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| Any unauthorized communication by counsel with the |
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| professional shall result in the professional being precluded |
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| from testifying and from the contents of his or her report from |
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| being considered by the court. Counsel may examine,
as a |
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| witness, any professional personnel consulted by the court, |
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| designated
as a court's witness.
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| (Source: P.A. 80-923.)
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