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Public Act 097-0568


 

Public Act 0568 97TH GENERAL ASSEMBLY



 


 
Public Act 097-0568
 
HB3005 EnrolledLRB097 09026 AJO 49160 b

    AN ACT concerning parentage.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 1-3 and 6-9 as follows:
 
    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
    Sec. 1-3. Definitions. Terms used in this Act, unless the
context otherwise requires, have the following meanings
ascribed to them:
    (1) "Adjudicatory hearing" means a hearing to determine
whether the allegations of a petition under Section 2-13, 3-15
or 4-12 that a minor under 18 years of age is abused, neglected
or dependent, or requires authoritative intervention, or
addicted, respectively, are supported by a preponderance of the
evidence or whether the allegations of a petition under Section
5-520 that a minor is delinquent are proved beyond a reasonable
doubt.
    (2) "Adult" means a person 21 years of age or older.
    (3) "Agency" means a public or private child care facility
legally authorized or licensed by this State for placement or
institutional care or for both placement and institutional
care.
    (4) "Association" means any organization, public or
private, engaged in welfare functions which include services to
or on behalf of children but does not include "agency" as
herein defined.
    (4.05) Whenever a "best interest" determination is
required, the following factors shall be considered in the
context of the child's age and developmental needs:
        (a) the physical safety and welfare of the child,
    including food, shelter, health, and clothing;
        (b) the development of the child's identity;
        (c) the child's background and ties, including
    familial, cultural, and religious;
        (d) the child's sense of attachments, including:
            (i) where the child actually feels love,
        attachment, and a sense of being valued (as opposed to
        where adults believe the child should feel such love,
        attachment, and a sense of being valued);
            (ii) the child's sense of security;
            (iii) the child's sense of familiarity;
            (iv) continuity of affection for the child;
            (v) the least disruptive placement alternative for
        the child;
        (e) the child's wishes and long-term goals;
        (f) the child's community ties, including church,
    school, and friends;
        (g) the child's need for permanence which includes the
    child's need for stability and continuity of relationships
    with parent figures and with siblings and other relatives;
        (h) the uniqueness of every family and child;
        (i) the risks attendant to entering and being in
    substitute care; and
        (j) the preferences of the persons available to care
    for the child.
    (4.1) "Chronic truant" shall have the definition ascribed
to it in Section 26-2a of the School Code.
    (5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act.
    (6) "Dispositional hearing" means a hearing to determine
whether a minor should be adjudged to be a ward of the court,
and to determine what order of disposition should be made in
respect to a minor adjudged to be a ward of the court.
    (7) "Emancipated minor" means any minor 16 years of age or
over who has been completely or partially emancipated under the
Emancipation of Minors Act or under this Act.
    (8) "Guardianship of the person" of a minor means the duty
and authority to act in the best interests of the minor,
subject to residual parental rights and responsibilities, to
make important decisions in matters having a permanent effect
on the life and development of the minor and to be concerned
with his or her general welfare. It includes but is not
necessarily limited to:
        (a) the authority to consent to marriage, to enlistment
    in the armed forces of the United States, or to a major
    medical, psychiatric, and surgical treatment; to represent
    the minor in legal actions; and to make other decisions of
    substantial legal significance concerning the minor;
        (b) the authority and duty of reasonable visitation,
    except to the extent that these have been limited in the
    best interests of the minor by court order;
        (c) the rights and responsibilities of legal custody
    except where legal custody has been vested in another
    person or agency; and
        (d) the power to consent to the adoption of the minor,
    but only if expressly conferred on the guardian in
    accordance with Section 2-29, 3-30, or 4-27.
    (9) "Legal custody" means the relationship created by an
order of court in the best interests of the minor which imposes
on the custodian the responsibility of physical possession of a
minor and the duty to protect, train and discipline him and to
provide him with food, shelter, education and ordinary medical
care, except as these are limited by residual parental rights
and responsibilities and the rights and responsibilities of the
guardian of the person, if any.
    (9.1) "Mentally capable adult relative" means a person 21
years of age or older who is not suffering from a mental
illness that prevents him or her from providing the care
necessary to safeguard the physical safety and welfare of a
minor who is left in that person's care by the parent or
parents or other person responsible for the minor's welfare.
    (10) "Minor" means a person under the age of 21 years
subject to this Act.
    (11) "Parent" means the father or mother of a child and
includes any adoptive parent. It also includes a man (i) whose
paternity is presumed or has been established under the law of
this or another jurisdiction or (ii) who has registered with
the Putative Father Registry in accordance with Section 12.1 of
the Adoption Act and whose paternity has not been ruled out
under the law of this or another jurisdiction. It does not
include a parent whose rights in respect to the minor have been
terminated in any manner provided by law. It does not include a
person who has been or could be determined to be a parent under
the Illinois Parentage Act of 1984, or similar parentage law in
any other state, if that person has been convicted of or pled
nolo contendere to a crime that resulted in the conception of
the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11,
12-13, 12-14, 12-14.1, subsection (a) or (b) (but not
subsection (c)) of Section 11-1.50 or 12-15, or subsection (a),
(b), (c), (e), or (f) (but not subsection (d)) of Section
11-1.60 or 12-16 of the Criminal Code of 1961 or similar
statute in another jurisdiction unless upon motion of any
party, other than the offender, to the juvenile court
proceedings the court finds it is in the child's best interest
to deem the offender a parent for purposes of the juvenile
court proceedings.
    (11.1) "Permanency goal" means a goal set by the court as
defined in subdivision (2) of Section 2-28.
    (11.2) "Permanency hearing" means a hearing to set the
permanency goal and to review and determine (i) the
appropriateness of the services contained in the plan and
whether those services have been provided, (ii) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (iii) whether the plan
and goal have been achieved.
    (12) "Petition" means the petition provided for in Section
2-13, 3-15, 4-12 or 5-520, including any supplemental petitions
thereunder in Section 3-15, 4-12 or 5-520.
    (12.1) "Physically capable adult relative" means a person
21 years of age or older who does not have a severe physical
disability or medical condition, or is not suffering from
alcoholism or drug addiction, that prevents him or her from
providing the care necessary to safeguard the physical safety
and welfare of a minor who is left in that person's care by the
parent or parents or other person responsible for the minor's
welfare.
    (13) "Residual parental rights and responsibilities" means
those rights and responsibilities remaining with the parent
after the transfer of legal custody or guardianship of the
person, including, but not necessarily limited to, the right to
reasonable visitation (which may be limited by the court in the
best interests of the minor as provided in subsection (8)(b) of
this Section), the right to consent to adoption, the right to
determine the minor's religious affiliation, and the
responsibility for his support.
    (14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
    (15) "Station adjustment" means the informal handling of an
alleged offender by a juvenile police officer.
    (16) "Ward of the court" means a minor who is so adjudged
under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
requisite jurisdictional facts, and thus is subject to the
dispositional powers of the court under this Act.
    (17) "Juvenile police officer" means a sworn police officer
who has completed a Basic Recruit Training Course, has been
assigned to the position of juvenile police officer by his or
her chief law enforcement officer and has completed the
necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the
case of a State police officer, juvenile officer training
approved by the Director of the Department of State Police.
    (18) "Secure child care facility" means any child care
facility licensed by the Department of Children and Family
Services to provide secure living arrangements for children
under 18 years of age who are subject to placement in
facilities under the Children and Family Services Act and who
are not subject to placement in facilities for whom standards
are established by the Department of Corrections under Section
3-15-2 of the Unified Code of Corrections. "Secure child care
facility" also means a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building, or a distinct part of the building are under the
exclusive control of the staff of the facility, whether or not
the child has the freedom of movement within the perimeter of
the facility, building, or distinct part of the building.
(Source: P.A. 95-331, eff. 8-21-07; 96-168, eff. 8-10-09.)
 
    (705 ILCS 405/6-9)  (from Ch. 37, par. 806-9)
    Sec. 6-9. Enforcement of liability of parents and others.
    (1) If parentage is at issue in any proceeding under this
Act, other than cases involving those exceptions to the
definition of parent set out in item (11) in Section 1-3, then
the Illinois Parentage Act of 1984 shall apply and the court
shall enter orders consistent with that Act. If it appears at
any hearing that a parent or any other person named in the
petition, liable under the law for the support of the minor, is
able to contribute to his or her support, the court shall enter
an order requiring that parent or other person to pay the clerk
of the court, or to the guardian or custodian appointed under
Sections 2-27, 3-28, 4-25 or 5-740, a reasonable sum from time
to time for the care, support and necessary special care or
treatment, of the minor. If the court determines at any hearing
that a parent or any other person named in the petition, liable
under the law for the support of the minor, is able to
contribute to help defray the costs associated with the minor's
detention in a county or regional detention center, the court
shall enter an order requiring that parent or other person to
pay the clerk of the court a reasonable sum for the care and
support of the minor. The court may require reasonable security
for the payments. Upon failure to pay, the court may enforce
obedience to the order by a proceeding as for contempt of
court.
    If it appears that the person liable for the support of the
minor is able to contribute to legal fees for representation of
the minor, the court shall enter an order requiring that person
to pay a reasonable sum for the representation, to the attorney
providing the representation or to the clerk of the court for
deposit in the appropriate account or fund. The sum may be paid
as the court directs, and the payment thereof secured and
enforced as provided in this Section for support.
    If it appears at the detention or shelter care hearing of a
minor before the court under Section 5-501 that a parent or any
other person liable for support of the minor is able to
contribute to his or her support, that parent or other person
shall be required to pay a fee for room and board at a rate not
to exceed $10 per day established, with the concurrence of the
chief judge of the judicial circuit, by the county board of the
county in which the minor is detained unless the court
determines that it is in the best interest and welfare of the
minor to waive the fee. The concurrence of the chief judge
shall be in the form of an administrative order. Each week, on
a day designated by the clerk of the circuit court, that parent
or other person shall pay the clerk for the minor's room and
board. All fees for room and board collected by the circuit
court clerk shall be disbursed into the separate county fund
under Section 6-7.
    Upon application, the court shall waive liability for
support or legal fees under this Section if the parent or other
person establishes that he or she is indigent and unable to pay
the incurred liability, and the court may reduce or waive
liability if the parent or other person establishes
circumstances showing that full payment of support or legal
fees would result in financial hardship to the person or his or
her family.
    (2) When a person so ordered to pay for the care and
support of a minor is employed for wages, salary or commission,
the court may order him to make the support payments for which
he is liable under this Act out of his wages, salary or
commission and to assign so much thereof as will pay the
support. The court may also order him to make discovery to the
court as to his place of employment and the amounts earned by
him. Upon his failure to obey the orders of court he may be
punished as for contempt of court.
    (3) If the minor is a recipient of public aid under the
Illinois Public Aid Code, the court shall order that payments
made by a parent or through assignment of his wages, salary or
commission be made directly to (a) the Department of Healthcare
and Family Services if the minor is a recipient of aid under
Article V of the Code, (b) the Department of Human Services if
the minor is a recipient of aid under Article IV of the Code,
or (c) the local governmental unit responsible for the support
of the minor if he is a recipient under Articles VI or VII of
the Code. The order shall permit the Department of Healthcare
and Family Services, the Department of Human Services, or the
local governmental unit, as the case may be, to direct that
subsequent payments be made directly to the guardian or
custodian of the minor, or to some other person or agency in
the minor's behalf, upon removal of the minor from the public
aid rolls; and upon such direction and removal of the minor
from the public aid rolls, the Department of Healthcare and
Family Services, Department of Human Services, or local
governmental unit, as the case requires, shall give written
notice of such action to the court. Payments received by the
Department of Healthcare and Family Services, Department of
Human Services, or local governmental unit are to be covered,
respectively, into the General Revenue Fund of the State
Treasury or General Assistance Fund of the governmental unit,
as provided in Section 10-19 of the Illinois Public Aid Code.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 10. The Illinois Parentage Act of 1984 is amended
by changing Section 6.5 as follows:
 
    (750 ILCS 45/6.5)
    (Text of Section before amendment by P.A. 96-1551)
    Sec. 6.5. Custody or visitation by sex offender prohibited.
    (a) This Section applies to a person who has been found to
be the father of a child under this Act and who has been
convicted of or who has pled guilty or nolo contendere to a
violation of Section 11-1.20 (criminal sexual assault),
Section 11-1.30 (aggravated criminal sexual assault), Section
11-1.40 (predatory criminal sexual assault of a child), Section
11-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated
criminal sexual abuse), Section 11-11 (sexual relations within
families), Section 12-13 (criminal sexual assault), Section
12-14 (aggravated criminal sexual assault), Section 12-14.1
(predatory criminal sexual assault of a child), Section 12-15
(criminal sexual abuse), or Section 12-16 (aggravated criminal
sexual abuse) of the Criminal Code of 1961, or a similar
statute in another jurisdiction, for his conduct in fathering
that child.
    (b) A person described in subsection (a) shall not be
entitled to custody of or visitation with that child without
the consent of the child's mother or guardian. If the person
described in subsection (a) is also the guardian of the child,
he does not have the authority to consent to visitation or
custody under this Section. If the mother of the child is a
minor, and the person described in subsection (a) is also the
father or guardian of the mother, then he does not have the
authority to consent to custody or visitation.
    (c) Notwithstanding any other provision of this Act,
nothing in this Section shall be construed to relieve the
father described in subsection (a) of any support and
maintenance obligations to the child under this Act.
A person found to be the father of a child under this Act, and
who has been convicted of or who has pled guilty to a violation
of Section 11-11 (sexual relations within families), Section
12-13 (criminal sexual assault), Section 12-14 (aggravated
criminal sexual assault), Section 12-14.1 (predatory criminal
sexual assault of a child), Section 12-15 (criminal sexual
abuse), or Section 12-16 (aggravated criminal sexual abuse) of
the Criminal Code of 1961 for his conduct in fathering that
child, shall not be entitled to custody of or visitation with
that child without the consent of the mother or guardian, other
than the father of the child who has been convicted of or pled
guilty to one of the offenses listed in this Section, or, in
cases where the mother is a minor, the guardian of the mother
of the child. Notwithstanding any other provision of this Act,
nothing in this Section shall be construed to relieve the
father of any support and maintenance obligations to the child
under this Act.
(Source: P.A. 94-928, eff. 6-26-06.)
 
    (Text of Section after amendment by P.A. 96-1551)
    Sec. 6.5. Custody or visitation by sex offender prohibited.
    (a) This Section applies to a person who has been found to
be the father of a child under this Act and who has been
convicted of or who has pled guilty or nolo contendere to a
violation of Section 11-1.20 (criminal sexual assault),
Section 11-1.30 (aggravated criminal sexual assault), Section
11-1.40 (predatory criminal sexual assault of a child), Section
11-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated
criminal sexual abuse), Section 11-11 (sexual relations within
families), Section 12-13 (criminal sexual assault), Section
12-14 (aggravated criminal sexual assault), Section 12-14.1
(predatory criminal sexual assault of a child), Section 12-15
(criminal sexual abuse), or Section 12-16 (aggravated criminal
sexual abuse) of the Criminal Code of 1961, or a similar
statute in another jurisdiction, for his conduct in fathering
that child.
    (b) A person described in subsection (a) shall not be
entitled to custody of or visitation with that child without
the consent of the child's mother or guardian. If the person
described in subsection (a) is also the guardian of the child,
he does not have the authority to consent to visitation or
custody under this Section. If the mother of the child is a
minor, and the person described in subsection (a) is also the
father or guardian of the mother, then he does not have the
authority to consent to custody or visits.
    (c) Notwithstanding any other provision of this Act,
nothing in this Section shall be construed to relieve the
father described in subsection (a) of any support and
maintenance obligations to the child under this Act.
A person found to be the father of a child under this Act, and
who has been convicted of or who has pled guilty to a violation
of Section 11-11 (sexual relations within families), Section
11-1.20 or 12-13 (criminal sexual assault), Section 11-1.30 or
12-14 (aggravated criminal sexual assault), Section 11-1.40 or
12-14.1 (predatory criminal sexual assault of a child), Section
11-1.50 or 12-15 (criminal sexual abuse), or Section 11-1.60 or
12-16 (aggravated criminal sexual abuse) of the Criminal Code
of 1961 for his conduct in fathering that child, shall not be
entitled to custody of or visitation with that child without
the consent of the mother or guardian, other than the father of
the child who has been convicted of or pled guilty to one of
the offenses listed in this Section, or, in cases where the
mother is a minor, the guardian of the mother of the child.
Notwithstanding any other provision of this Act, nothing in
this Section shall be construed to relieve the father of any
support and maintenance obligations to the child under this
Act.
(Source: P.A. 96-1551, eff. 7-1-11.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2011