State of Illinois
2021 and 2022


Introduced 2/19/2021, by Rep. Suzanne Ness


750 ILCS 5/600
750 ILCS 5/602.9
750 ILCS 5/607.6

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that "step-parent" includes a person joined in a civil union to a child's parent. Deletes language providing that: all counseling sessions shall be confidential; and communications in counseling shall not be used in any manner in litigation nor relied upon by any expert appointed by the court or retained by any party. Effective immediately.

LRB102 14910 LNS 20265 b





HB2741LRB102 14910 LNS 20265 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Sections 600, 602.9, and
6607.6 as follows:
7    (750 ILCS 5/600)
8    Sec. 600. Definitions. For purposes of this Part VI:
9    (a) "Abuse" has the meaning ascribed to that term in
10Section 103 of the Illinois Domestic Violence Act of 1986.
11    (b) "Allocation judgment" means a judgment allocating
12parental responsibilities.
13    (c) "Caretaking functions" means tasks that involve
14interaction with a child or that direct, arrange, and
15supervise the interaction with and care of a child provided by
16others, or for obtaining the resources allowing for the
17provision of these functions. The term includes, but is not
18limited to, the following:
19        (1) satisfying a child's nutritional needs; managing a
20    child's bedtime and wake-up routines; caring for a child
21    when the child is sick or injured; being attentive to a
22    child's personal hygiene needs, including washing,
23    grooming, and dressing; playing with a child and ensuring



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1    the child attends scheduled extracurricular activities;
2    protecting a child's physical safety; and providing
3    transportation for a child;
4        (2) directing a child's various developmental needs,
5    including the acquisition of motor and language skills,
6    toilet training, self-confidence, and maturation;
7        (3) providing discipline, giving instruction in
8    manners, assigning and supervising chores, and performing
9    other tasks that attend to a child's needs for behavioral
10    control and self-restraint;
11        (4) ensuring the child attends school, including
12    remedial and special services appropriate to the child's
13    needs and interests, communicating with teachers and
14    counselors, and supervising homework;
15        (5) helping a child develop and maintain appropriate
16    interpersonal relationships with peers, siblings, and
17    other family members;
18        (6) ensuring the child attends medical appointments
19    and is available for medical follow-up and meeting the
20    medical needs of the child in the home;
21        (7) providing moral and ethical guidance for a child;
22    and
23        (8) arranging alternative care for a child by a family
24    member, babysitter, or other child care provider or
25    facility, including investigating such alternatives,
26    communicating with providers, and supervising such care.



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1    (d) "Parental responsibilities" means both parenting time
2and significant decision-making responsibilities with respect
3to a child.
4    (e) "Parenting time" means the time during which a parent
5is responsible for exercising caretaking functions and
6non-significant decision-making responsibilities with respect
7to the child.
8    (f) "Parenting plan" means a written agreement that
9allocates significant decision-making responsibilities,
10parenting time, or both.
11    (g) "Relocation" means:
12        (1) a change of residence from the child's current
13    primary residence located in the county of Cook, DuPage,
14    Kane, Lake, McHenry, or Will to a new residence within
15    this State that is more than 25 miles from the child's
16    current residence, as measured by an Internet mapping
17    service;
18        (2) a change of residence from the child's current
19    primary residence located in a county not listed in
20    paragraph (1) to a new residence within this State that is
21    more than 50 miles from the child's current primary
22    residence, as measured by an Internet mapping service; or
23        (3) a change of residence from the child's current
24    primary residence to a residence outside the borders of
25    this State that is more than 25 miles from the current
26    primary residence, as measured by an Internet mapping



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1    service.
2    (h) "Religious upbringing" means the choice of religion or
3denomination of a religion, religious schooling, religious
4training, or participation in religious customs or practices.
5    (i) "Restriction of parenting time" means any limitation
6or condition placed on parenting time, including supervision.
7    (j) "Right of first refusal" has the meaning provided in
8subsection (b) of Section 602.3 of this Act.
9    (k) "Significant decision-making" means deciding issues of
10long-term importance in the life of a child.
11    (l) "Step-parent" means a person married or joined in a
12civil union to a child's parent, including a person married or
13joined in a civil union to the child's parent immediately
14prior to the parent's death.
15    (m) "Supervision" means the presence of a third party
16during a parent's exercise of parenting time.
17(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
18    (750 ILCS 5/602.9)
19    Sec. 602.9. Visitation by certain non-parents.
20    (a) As used in this Section:
21        (1) "electronic communication" means time that a
22    grandparent, great-grandparent, sibling, or step-parent
23    spends with a child during which the child is not in the
24    person's actual physical custody, but which is facilitated
25    by the use of communication tools such as the telephone,



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1    electronic mail, instant messaging, video conferencing or
2    other wired or wireless technologies via the Internet, or
3    another medium of communication;
4        (2) "sibling" means a brother or sister either of the
5    whole blood or the half blood, stepbrother, or stepsister
6    of the minor child;
7        (3) "step-parent" means a person married or joined in
8    a civil union to a child's parent, including a person
9    married or joined in a civil union to the child's parent
10    immediately prior to the parent's death; and
11        (4) "visitation" means in-person time spent between a
12    child and the child's grandparent, great-grandparent,
13    sibling, step-parent, or any person designated under
14    subsection (d) of Section 602.7. In appropriate
15    circumstances, visitation may include electronic
16    communication under conditions and at times determined by
17    the court.
18    (b) General provisions.
19        (1) An appropriate person, as identified in subsection
20    (c) of this Section, may bring an action in circuit court
21    by petition, or by filing a petition in a pending
22    dissolution proceeding or any other proceeding that
23    involves parental responsibilities or visitation issues
24    regarding the child, requesting visitation with the child
25    pursuant to this Section. If there is not a pending
26    proceeding involving parental responsibilities or



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1    visitation with the child, the petition for visitation
2    with the child must be filed in the county in which the
3    child resides. Notice of the petition shall be given as
4    provided in subsection (c) of Section 601.2 of this Act.
5        (2) This Section does not apply to a child:
6            (A) in whose interests a petition is pending under
7        Section 2-13 of the Juvenile Court Act of 1987; or
8            (B) in whose interests a petition to adopt by an
9        unrelated person is pending under the Adoption Act; or
10            (C) who has been voluntarily surrendered by the
11        parent or parents, except for a surrender to the
12        Department of Children and Family Services or a foster
13        care facility; or
14            (D) who has been previously adopted by an
15        individual or individuals who are not related to the
16        biological parents of the child or who is the subject
17        of a pending adoption petition by an individual or
18        individuals who are not related to the biological
19        parents of the child; or
20            (E) who has been relinquished pursuant to the
21        Abandoned Newborn Infant Protection Act.
22        (3) A petition for visitation may be filed under this
23    Section only if there has been an unreasonable denial of
24    visitation by a parent and the denial has caused the child
25    undue mental, physical, or emotional harm.
26        (4) There is a rebuttable presumption that a fit



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1    parent's actions and decisions regarding grandparent,
2    great-grandparent, sibling, or step-parent visitation are
3    not harmful to the child's mental, physical, or emotional
4    health. The burden is on the party filing a petition under
5    this Section to prove that the parent's actions and
6    decisions regarding visitation will cause undue harm to
7    the child's mental, physical, or emotional health.
8        (5) In determining whether to grant visitation, the
9    court shall consider the following:
10            (A) the wishes of the child, taking into account
11        the child's maturity and ability to express reasoned
12        and independent preferences as to visitation;
13            (B) the mental and physical health of the child;
14            (C) the mental and physical health of the
15        grandparent, great-grandparent, sibling, or
16        step-parent;
17            (D) the length and quality of the prior
18        relationship between the child and the grandparent,
19        great-grandparent, sibling, or step-parent;
20            (E) the good faith of the party in filing the
21        petition;
22            (F) the good faith of the person denying
23        visitation;
24            (G) the quantity of the visitation time requested
25        and the potential adverse impact that visitation would
26        have on the child's customary activities;



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1            (H) any other fact that establishes that the loss
2        of the relationship between the petitioner and the
3        child is likely to unduly harm the child's mental,
4        physical, or emotional health; and
5            (I) whether visitation can be structured in a way
6        to minimize the child's exposure to conflicts between
7        the adults.
8        (6) Any visitation rights granted under this Section
9    before the filing of a petition for adoption of the child
10    shall automatically terminate by operation of law upon the
11    entry of an order terminating parental rights or granting
12    the adoption of the child, whichever is earlier. If the
13    person or persons who adopted the child are related to the
14    child, as defined by Section 1 of the Adoption Act, any
15    person who was related to the child as grandparent,
16    great-grandparent, or sibling prior to the adoption shall
17    have standing to bring an action under this Section
18    requesting visitation with the child.
19        (7) The court may order visitation rights for the
20    grandparent, great-grandparent, sibling, or step-parent
21    that include reasonable access without requiring overnight
22    or possessory visitation.
23    (c) Visitation by grandparents, great-grandparents,
24step-parents, and siblings.
25        (1) Grandparents, great-grandparents, step-parents,
26    and siblings of a minor child who is one year old or older



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1    may bring a petition for visitation and electronic
2    communication under this Section if there is an
3    unreasonable denial of visitation by a parent that causes
4    undue mental, physical, or emotional harm to the child and
5    if at least one of the following conditions exists:
6            (A) the child's other parent is deceased or has
7        been missing for at least 90 days. For the purposes of
8        this subsection a parent is considered to be missing
9        if the parent's location has not been determined and
10        the parent has been reported as missing to a law
11        enforcement agency; or
12            (B) a parent of the child is incompetent as a
13        matter of law; or
14            (C) a parent has been incarcerated in jail or
15        prison for a period in excess of 90 days immediately
16        prior to the filing of the petition; or
17            (D) the child's parents have been granted a
18        dissolution of marriage or have been legally separated
19        from each other or there is pending a dissolution
20        proceeding involving a parent of the child or another
21        court proceeding involving parental responsibilities
22        or visitation of the child (other than an adoption
23        proceeding of an unrelated child, a proceeding under
24        Article II of the Juvenile Court Act of 1987, or an
25        action for an order of protection under the Illinois
26        Domestic Violence Act of 1986 or Article 112A of the



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1        Code of Criminal Procedure of 1963) and at least one
2        parent does not object to the grandparent,
3        great-grandparent, step-parent, or sibling having
4        visitation with the child. The visitation of the
5        grandparent, great-grandparent, step-parent, or
6        sibling must not diminish the parenting time of the
7        parent who is not related to the grandparent,
8        great-grandparent, step-parent, or sibling seeking
9        visitation; or
10            (E) (i) the child is born to parents who are not
11        married to each other; (ii) the parents are not living
12        together; (iii) the petitioner is a grandparent,
13        great-grandparent, step-parent, or sibling of the
14        child; and (iv) the parent-child relationship has been
15        legally established. For purposes of this subdivision
16        (E), if the petitioner is a grandparent or
17        great-grandparent, the parent-child relationship need
18        be legally established only with respect to the parent
19        who is related to the grandparent or
20        great-grandparent. For purposes of this subdivision
21        (E), if the petitioner is a step-parent, the
22        parent-child relationship need be legally established
23        only with respect to the parent who is married to the
24        petitioner or was married to the petitioner
25        immediately before the parent's death.
26        (2) In addition to the factors set forth in



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1    subdivision (b)(5) of this Section, the court should
2    consider:
3            (A) whether the child resided with the petitioner
4        for at least 6 consecutive months with or without a
5        parent present;
6            (B) whether the child had frequent and regular
7        contact or visitation with the petitioner for at least
8        12 consecutive months; and
9            (C) whether the grandparent, great-grandparent,
10        sibling, or step-parent was a primary caretaker of the
11        child for a period of not less than 6 consecutive
12        months within the 24-month period immediately
13        preceding the commencement of the proceeding.
14        (3) An order granting visitation privileges under this
15    Section is subject to subsections (c) and (d) of Section
16    603.10.
17        (4) A petition for visitation privileges may not be
18    filed pursuant to this subsection (c) by the parents or
19    grandparents of a parent of the child if parentage between
20    the child and the related parent has not been legally
21    established.
22    (d) Modification of visitation orders.
23        (1) Unless by stipulation of the parties, no motion to
24    modify a grandparent, great-grandparent, sibling, or
25    step-parent visitation order may be made earlier than 2
26    years after the date the order was filed, unless the court



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1    permits it to be made on the basis of affidavits that there
2    is reason to believe the child's present environment may
3    endanger seriously the child's mental, physical, or
4    emotional health.
5        (2) The court shall not modify an order that grants
6    visitation to a grandparent, great-grandparent, sibling,
7    or step-parent unless it finds by clear and convincing
8    evidence, upon the basis of facts that have arisen since
9    the prior visitation order or that were unknown to the
10    court at the time of entry of the prior visitation order,
11    that a change has occurred in the circumstances of the
12    child or his or her parent, and that the modification is
13    necessary to protect the mental, physical, or emotional
14    health of the child. The court shall state in its decision
15    specific findings of fact in support of its modification
16    or termination of the grandparent, great-grandparent,
17    sibling, or step-parent visitation. A child's parent may
18    always petition to modify visitation upon changed
19    circumstances when necessary to promote the child's best
20    interests.
21        (3) Notice of a motion requesting modification of a
22    visitation order shall be provided as set forth in
23    subsection (c) of Section 601.2 of this Act.
24        (4) Attorney's fees and costs shall be assessed
25    against a party seeking modification of the visitation
26    order if the court finds that the modification action is



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1    vexatious and constitutes harassment.
2    (e) No child's grandparent, great-grandparent, sibling, or
3step-parent, or any person to whom the court is considering
4granting visitation privileges pursuant to subsection (d) of
5Section 602.7, who was convicted of any offense involving an
6illegal sex act perpetrated upon a victim less than 18 years of
7age including, but not limited to, offenses for violations of
8Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70,
9or Article 12 of the Criminal Code of 1961 or the Criminal Code
10of 2012, is entitled to visitation while incarcerated or while
11on parole, probation, conditional discharge, periodic
12imprisonment, or mandatory supervised release for that
13offense, and upon discharge from incarceration for a
14misdemeanor offense or upon discharge from parole, probation,
15conditional discharge, periodic imprisonment, or mandatory
16supervised release for a felony offense. Visitation shall be
17denied until the person successfully completes a treatment
18program approved by the court. Upon completion of treatment,
19the court may deny visitation based on the factors listed in
20subdivision (b)(5) of this Section.
21    (f) No child's grandparent, great-grandparent, sibling, or
22step-parent, or any person to whom the court is considering
23granting visitation privileges pursuant to subsection (d) of
24Section 602.7, may be granted visitation if he or she has been
25convicted of first degree murder of a parent, grandparent,
26great-grandparent, or sibling of the child who is the subject



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1of the visitation request. Pursuant to a motion to modify
2visitation, the court shall revoke visitation rights
3previously granted to any person who would otherwise be
4entitled to petition for visitation rights under this Section
5or granted visitation under subsection (d) of Section 602.7,
6if the person has been convicted of first degree murder of a
7parent, grandparent, great-grandparent, or sibling of the
8child who is the subject of the visitation order. Until an
9order is entered pursuant to this subsection, no person may
10visit, with the child present, a person who has been convicted
11of first degree murder of the parent, grandparent,
12great-grandparent, or sibling of the child without the consent
13of the child's parent, other than a parent convicted of first
14degree murder as set forth herein, or legal guardian.
15(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17;
16100-706, eff. 1-1-19.)
17    (750 ILCS 5/607.6)
18    Sec. 607.6. Court-ordered counseling. Counseling.
19    (a) The court may order individual counseling for the
20child, family counseling for one or more of the parties and the
21child, or parental education for one or more of the parties, if
22it finds one or more of the following:
23        (1) both parents or all parties agree to the order;
24        (2) the child's physical health is endangered or that
25    the child's emotional development is impaired;



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1        (3) abuse of allocated parenting time under Section
2    607.5 has occurred; or
3        (4) one or both of the parties have violated the
4    allocation judgment with regard to conduct affecting or in
5    the presence of the child.
6    (b) The court may apportion the costs of counseling
7between the parties as appropriate.
8    (c) The remedies provided in this Section are in addition
9to, and do not diminish or abridge in any way, the court's
10power to exercise its authority through contempt or other
12    (d) (Blank). All counseling sessions shall be
13confidential. The communications in counseling shall not be
14used in any manner in litigation nor relied upon by any expert
15appointed by the court or retained by any party.
16(Source: P.A. 99-763, eff. 1-1-17.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.