HB5629 97TH GENERAL ASSEMBLY

LRB097 18449 AJO 63677 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5629

Introduced 2/15/2012, by Rep. Dwight Kay - Kay Hatcher

SYNOPSIS AS INTRODUCED:

750 ILCS 5/602.5 new

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that the parent of a child who has been diagnosed with mental or physical developmental disabilities shall communicate to the other parent in writing any major decision regarding the minor child's education or medical, dental, or psychological treatment. Provides that the other parent shall in a timely manner agree or object to the decision. Provides that a parent may not unreasonably withhold approval of the other parent's decision. Provides that objections that are not resolved must be submitted to mediation and, if that does not succeed, the matter shall be resolved by the court. Provides that if the court finds that the objecting parent unreasonably withheld agreement, the objecting parent shall be ordered to pay the mediation fees and the other parent's attorney's fees.

A BILL FOR

AN ACT concerning civil law.

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 602.5 as follows:

(750 ILCS 5/602.5 new)

Sec. 602.5. Mental or physical developmental disability of a minor child.

(a) The parent of a minor child who has been diagnosed with mental or physical developmental disabilities shall communicate to the other parent in writing any major decision regarding the minor child's education or medical, dental, or psychological treatment. The parent receiving the communication must acknowledge receipt of the communication within 7 days after receipt. Within 14 days after receipt, the parent receiving the communication must communicate to the other parent his or her agreement with or objection to the decision regarding the child's education or medical, dental, or psychological treatment.

(b) A parent may not unreasonably withhold approval of the other parent's decision regarding the child's education or medical, dental, or psychological treatment.

(c) If there is an objection and the parties do not come to an agreement, the issue must be submitted to mediation within 14 days after the parent receives the objection from the other parent.

(d) If no agreement is reached in mediation, the objecting parent must submit the issue to the court within 7 days after the final mediation session. If the issue must be determined by the court and the court finds that the approval of the objecting parent was unreasonably withheld, the court shall order the objecting parent to pay the mediation fees and the attorney's fees of the other parent.