SB2933 96TH GENERAL ASSEMBLY

LRB096 19796 AJO 35238 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2933

Introduced 1/28/2010, by Sen. William Delgado

SYNOPSIS AS INTRODUCED:

750 ILCS 5/404.2 new

Amends the Illinois Marriage and Dissolution of Marriage Act. In an action for dissolution or in a post-judgment proceeding involving minor children, authorizes the court to order the parties to participate in integrative family therapy. Defines "integrative family therapy" as a therapy model specifically aimed at high-conflict dissolution of marriage or post-judgment proceedings that involve custody or visitation where minor children have or are at risk for developing a pathological condition or pathological conditions, including but not limited to depression, anxiety, and personality disorders, in the absence of intervention. Provides that facts adduced at therapy sessions shall not be considered in adjudicating the action unless stipulated by the parties. Allows the court to assess fees as equitable.

A BILL FOR

AN ACT in relation to 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 adding Section 404.2 as follows:

(750 ILCS 5/404.2 new)

Sec. 404.2. Integrative family therapy.

(a) In an action for dissolution of marriage involving minor children, or in a post-judgment proceeding involving minor children, the court may on its own motion order the parties, including the minor children, to participate in integrative family therapy upon a finding by the court that: (i) the parties' conflict is substantial or ongoing and related to custody or visitation; (ii) the minor children have or are at risk for developing a pathological condition or pathological conditions, including but not limited to depression, anxiety, and personality disorder, in the absence of intervention; and (iii) integrative family therapy would be in the best interests of the minor children. The parties, duration and frequency, therapist, and other conditions and specifications for integrative family therapy may be determined by the court.

"Integrative family therapy", as used in this Section, is a therapy model specifically aimed at high-conflict dissolution of marriage or post-judgment proceedings that involve custody or visitation where minor children have or are at risk for developing a pathological condition or pathological conditions, including but not limited to depression, anxiety, and personality disorders, in the absence of intervention.

(b) The facts adduced at any integrative family therapy session resulting from a referral under this Section shall not be considered in the adjudication of a pending or subsequent action, nor shall any report resulting from such a session become part of the record of the case unless the parties have stipulated in writing to the contrary.

(c) The fees or costs of integrative family therapy sessions under this Section shall be borne by the parties and may be assessed by the court as it deems equitable.