Public Act 100-0706
 
SB2498 EnrolledLRB100 15320 HEP 32488 b

    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 changing Section 602.9 as follows:
 
    (750 ILCS 5/602.9)
    Sec. 602.9. Visitation by certain non-parents.
    (a) As used in this Section:
        (1) "electronic communication" means time that a
    grandparent, great-grandparent, sibling, or step-parent
    spends with a child during which the child is not in the
    person's actual physical custody, but which is facilitated
    by the use of communication tools such as the telephone,
    electronic mail, instant messaging, video conferencing or
    other wired or wireless technologies via the Internet, or
    another medium of communication;
        (2) "sibling" means a brother or sister either of the
    whole blood or the half blood, stepbrother, or stepsister
    of the minor child;
        (3) "step-parent" means a person married to a child's
    parent, including a person married to the child's parent
    immediately prior to the parent's death; and
        (4) "visitation" means in-person time spent between a
    child and the child's grandparent, great-grandparent,
    sibling, step-parent, or any person designated under
    subsection (d) of Section 602.7. In appropriate
    circumstances, visitation may include electronic
    communication under conditions and at times determined by
    the court.
    (b) General provisions.
        (1) An appropriate person, as identified in subsection
    (c) of this Section, may bring an action in circuit court
    by petition, or by filing a petition in a pending
    dissolution proceeding or any other proceeding that
    involves parental responsibilities or visitation issues
    regarding the child, requesting visitation with the child
    pursuant to this Section. If there is not a pending
    proceeding involving parental responsibilities or
    visitation with the child, the petition for visitation with
    the child must be filed in the county in which the child
    resides. Notice of the petition shall be given as provided
    in subsection (c) of Section 601.2 of this Act.
        (2) This Section does not apply to a child:
            (A) in whose interests a petition is pending under
        Section 2-13 of the Juvenile Court Act of 1987; or
            (B) in whose interests a petition to adopt by an
        unrelated person is pending under the Adoption Act; or
            (C) who has been voluntarily surrendered by the
        parent or parents, except for a surrender to the
        Department of Children and Family Services or a foster
        care facility; or
            (D) who has been previously adopted by an
        individual or individuals who are not related to the
        biological parents of the child or who is the subject
        of a pending adoption petition by an individual or
        individuals who are not related to the biological
        parents of the child; or
            (E) who has been relinquished pursuant to the
        Abandoned Newborn Infant Protection Act.
        (3) A petition for visitation may be filed under this
    Section only if there has been an unreasonable denial of
    visitation by a parent and the denial has caused the child
    undue mental, physical, or emotional harm.
        (4) There is a rebuttable presumption that a fit
    parent's actions and decisions regarding grandparent,
    great-grandparent, sibling, or step-parent visitation are
    not harmful to the child's mental, physical, or emotional
    health. The burden is on the party filing a petition under
    this Section to prove that the parent's actions and
    decisions regarding visitation will cause undue harm to the
    child's mental, physical, or emotional health.
        (5) In determining whether to grant visitation, the
    court shall consider the following:
            (A) the wishes of the child, taking into account
        the child's maturity and ability to express reasoned
        and independent preferences as to visitation;
            (B) the mental and physical health of the child;
            (C) the mental and physical health of the
        grandparent, great-grandparent, sibling, or
        step-parent;
            (D) the length and quality of the prior
        relationship between the child and the grandparent,
        great-grandparent, sibling, or step-parent;
            (E) the good faith of the party in filing the
        petition;
            (F) the good faith of the person denying
        visitation;
            (G) the quantity of the visitation time requested
        and the potential adverse impact that visitation would
        have on the child's customary activities;
            (H) any other fact that establishes that the loss
        of the relationship between the petitioner and the
        child is likely to unduly harm the child's mental,
        physical, or emotional health; and
            (I) whether visitation can be structured in a way
        to minimize the child's exposure to conflicts between
        the adults.
        (6) Any visitation rights granted under this Section
    before the filing of a petition for adoption of the child
    shall automatically terminate by operation of law upon the
    entry of an order terminating parental rights or granting
    the adoption of the child, whichever is earlier. If the
    person or persons who adopted the child are related to the
    child, as defined by Section 1 of the Adoption Act, any
    person who was related to the child as grandparent,
    great-grandparent, or sibling prior to the adoption shall
    have standing to bring an action under this Section
    requesting visitation with the child.
        (7) The court may order visitation rights for the
    grandparent, great-grandparent, sibling, or step-parent
    that include reasonable access without requiring overnight
    or possessory visitation.
    (c) Visitation by grandparents, great-grandparents,
step-parents, and siblings.
        (1) Grandparents, great-grandparents, step-parents,
    and siblings of a minor child who is one year old or older
    may bring a petition for visitation and electronic
    communication under this Section if there is an
    unreasonable denial of visitation by a parent that causes
    undue mental, physical, or emotional harm to the child and
    if at least one of the following conditions exists:
            (A) the child's other parent is deceased or has
        been missing for at least 90 days. For the purposes of
        this subsection a parent is considered to be missing if
        the parent's location has not been determined and the
        parent has been reported as missing to a law
        enforcement agency; or
            (B) a parent of the child is incompetent as a
        matter of law; or
            (C) a parent has been incarcerated in jail or
        prison for a period in excess of 90 days immediately
        prior to the filing of the petition; or
            (D) the child's parents have been granted a
        dissolution of marriage or have been legally separated
        from each other or there is pending a dissolution
        proceeding involving a parent of the child or another
        court proceeding involving parental responsibilities
        or visitation of the child (other than an adoption
        proceeding of an unrelated child, a proceeding under
        Article II of the Juvenile Court Act of 1987, or an
        action for an order of protection under the Illinois
        Domestic Violence Act of 1986 or Article 112A of the
        Code of Criminal Procedure of 1963) and at least one
        parent does not object to the grandparent,
        great-grandparent, step-parent, or sibling having
        visitation with the child. The visitation of the
        grandparent, great-grandparent, step-parent, or
        sibling must not diminish the parenting time of the
        parent who is not related to the grandparent,
        great-grandparent, step-parent, or sibling seeking
        visitation; or
            (E) (i) the child is born to parents who are not
        married to each other; (ii) , the parents are not
        living together; (iii) , and the petitioner is a
        grandparent, great-grandparent, step-parent, or
        sibling of the child; and (iv) the parent-child
        relationship , and parentage has been legally
        established. For purposes of this subdivision (E), if
        the petitioner is a grandparent or great-grandparent,
        the parent-child relationship need be legally
        established only with respect to the parent who is
        related to the grandparent or great-grandparent. For
        purposes of this subdivision (E), if the petitioner is
        a step-parent, the parent-child relationship need be
        legally established only with respect to the parent who
        is married to the petitioner or was married to the
        petitioner immediately before the parent's death. by a
        court of competent jurisdiction.
        (2) In addition to the factors set forth in subdivision
    (b)(5) of this Section, the court should consider:
            (A) whether the child resided with the petitioner
        for at least 6 consecutive months with or without a
        parent present;
            (B) whether the child had frequent and regular
        contact or visitation with the petitioner for at least
        12 consecutive months; and
            (C) whether the grandparent, great-grandparent,
        sibling, or step-parent was a primary caretaker of the
        child for a period of not less than 6 consecutive
        months within the 24-month period immediately
        preceding the commencement of the proceeding.
        (3) An order granting visitation privileges under this
    Section is subject to subsections (c) and (d) of Section
    603.10.
        (4) A petition for visitation privileges may not be
    filed pursuant to this subsection (c) by the parents or
    grandparents of a parent of the child if parentage between
    the child and the related parent has not been legally
    established.
    (d) Modification of visitation orders.
        (1) Unless by stipulation of the parties, no motion to
    modify a grandparent, great-grandparent, sibling, or
    step-parent visitation order may be made earlier than 2
    years after the date the order was filed, unless the court
    permits it to be made on the basis of affidavits that there
    is reason to believe the child's present environment may
    endanger seriously the child's mental, physical, or
    emotional health.
        (2) The court shall not modify an order that grants
    visitation to a grandparent, great-grandparent, sibling,
    or step-parent unless it finds by clear and convincing
    evidence, upon the basis of facts that have arisen since
    the prior visitation order or that were unknown to the
    court at the time of entry of the prior visitation order,
    that a change has occurred in the circumstances of the
    child or his or her parent, and that the modification is
    necessary to protect the mental, physical, or emotional
    health of the child. The court shall state in its decision
    specific findings of fact in support of its modification or
    termination of the grandparent, great-grandparent,
    sibling, or step-parent visitation. A child's parent may
    always petition to modify visitation upon changed
    circumstances when necessary to promote the child's best
    interests.
        (3) Notice of a motion requesting modification of a
    visitation order shall be provided as set forth in
    subsection (c) of Section 601.2 of this Act.
        (4) Attorney's fees and costs shall be assessed against
    a party seeking modification of the visitation order if the
    court finds that the modification action is vexatious and
    constitutes harassment.
    (e) No child's grandparent, great-grandparent, sibling, or
step-parent, or any person to whom the court is considering
granting visitation privileges pursuant to subsection (d) of
Section 602.7, who was 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
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70,
or Article 12 of the Criminal Code of 1961 or the Criminal Code
of 2012, is entitled to visitation while incarcerated or while
on parole, probation, conditional discharge, periodic
imprisonment, or mandatory supervised release for that
offense, and upon discharge from incarceration for a
misdemeanor offense or upon discharge from parole, probation,
conditional discharge, periodic imprisonment, or mandatory
supervised release for a felony offense. Visitation shall be
denied until the person successfully completes a treatment
program approved by the court. Upon completion of treatment,
the court may deny visitation based on the factors listed in
subdivision (b)(5) of this Section.
    (f) No child's grandparent, great-grandparent, sibling, or
step-parent, or any person to whom the court is considering
granting visitation privileges pursuant to subsection (d) of
Section 602.7, may be granted visitation if he or she has been
convicted of first degree murder of a parent, grandparent,
great-grandparent, or sibling of the child who is the subject
of the visitation request. Pursuant to a motion to modify
visitation, the court shall revoke visitation rights
previously granted to any person who would otherwise be
entitled to petition for visitation rights under this Section
or granted visitation under subsection (d) of Section 602.7, if
the person has been convicted of first degree murder of a
parent, grandparent, great-grandparent, or sibling of the
child who is the subject of the visitation order. Until an
order is entered pursuant to this subsection, no person may
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. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)