102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5310

 

Introduced 1/31/2022, by Rep. Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-32 new
750 ILCS 5/506  from Ch. 40, par. 506
750 ILCS 5/602.7
750 ILCS 5/603.10
750 ILCS 5/603.12 new
750 ILCS 5/715 new
750 ILCS 60/228 new

    Provides that the Act may be referred to as Kayden's Law. Amends the Illinois Marriage and Dissolution of Marriage Act. Requires a court, when appointing a guardian ad litem to represent a child, shall make efforts to appoint a guardian ad litem who received evidence-based education and training relating to child abuse. Includes additional factors for the court to consider when determining the allocation of parenting time. Provides that if the court finds that there is a history of abuse of the child or a household member by a party or a present risk of harm to the child or an abused party and awards any form of parenting time to a party who committed the abuse or who has a household member who committed the abuse, the court shall include in the parenting plan safety conditions, restrictions, or safeguards as reasonably necessary to protect the child or the abused party. Creates various rebuttable presumptions related to a finding of child abuse. Allows the Administrative Office of the Illinois Courts to develop and implement an ongoing education and training program for judges and relevant court personnel regarding child abuse. Makes other changes. Amends the Code of Criminal Procedure of 1963 and the Domestic Violence Act of 1986. Restricts a court from sealing a court file related to a domestic violence order of protection.


LRB102 25490 LNS 34778 b

 

 

A BILL FOR

 

HB5310LRB102 25490 LNS 34778 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 1. References to Act. This Act may be referred to
5as Kayden's Law.
 
6    Section 5. The Code of Criminal Procedure of 1963 is
7amended by adding Section 112A-32 as follows:
 
8    (725 ILCS 5/112A-32 new)
9    Sec. 112A-32. Sealing of court file prohibited. No court
10shall seal a court file related to a domestic violence order of
11protection granted under this Article.
 
12    Section 10. The Illinois Marriage and Dissolution of
13Marriage Act is amended by changing Sections 506, 602.7, and
14603.10 and by adding Sections 603.12 and 715 as follows:
 
15    (750 ILCS 5/506)  (from Ch. 40, par. 506)
16    Sec. 506. Representation of child.
17    (a) Duties. In any proceedings involving the support,
18custody, visitation, allocation of parental responsibilities,
19education, parentage, property interest, or general welfare of
20a minor or dependent child, the court may, on its own motion or

 

 

HB5310- 2 -LRB102 25490 LNS 34778 b

1that of any party, appoint an attorney to serve in one of the
2following capacities to address the issues the court
3delineates:
4        (1) Attorney. The attorney shall provide independent
5    legal counsel for the child and shall owe the same duties
6    of undivided loyalty, confidentiality, and competent
7    representation as are due an adult client.
8        (2) Guardian ad litem. The guardian ad litem shall
9    testify or submit a written report to the court regarding
10    his or her recommendations in accordance with the best
11    interest of the child. The report shall be made available
12    to all parties. The guardian ad litem may be called as a
13    witness for purposes of cross-examination regarding the
14    guardian ad litem's report or recommendations. The
15    guardian ad litem shall investigate the facts of the case
16    and interview the child and the parties.
17        The court appointing a guardian ad litem under this
18    paragraph shall make reasonable efforts to appoint a
19    guardian ad litem who has received evidence-based
20    education and training relating to child abuse, including
21    child sexual abuse, domestic abuse education, and the
22    effect of child sexual abuse and domestic abuse on
23    children.
24        (3) Child representative. The child representative
25    shall advocate what the child representative finds to be
26    in the best interests of the child after reviewing the

 

 

HB5310- 3 -LRB102 25490 LNS 34778 b

1    facts and circumstances of the case. The child
2    representative shall meet with the child and the parties,
3    investigate the facts of the case, and encourage
4    settlement and the use of alternative forms of dispute
5    resolution. The child representative shall have the same
6    authority and obligation to participate in the litigation
7    as does an attorney for a party and shall possess all the
8    powers of investigation as does a guardian ad litem. The
9    child representative shall consider, but not be bound by,
10    the expressed wishes of the child. A child representative
11    shall have received training in child advocacy or shall
12    possess such experience as determined to be equivalent to
13    such training by the chief judge of the circuit where the
14    child representative has been appointed. The child
15    representative shall not disclose confidential
16    communications made by the child, except as required by
17    law or by the Rules of Professional Conduct. The child
18    representative shall not render an opinion,
19    recommendation, or report to the court and shall not be
20    called as a witness, but shall offer evidence-based legal
21    arguments. The child representative shall disclose the
22    position as to what the child representative intends to
23    advocate in a pre-trial memorandum that shall be served
24    upon all counsel of record prior to the trial. The
25    position disclosed in the pre-trial memorandum shall not
26    be considered evidence. The court and the parties may

 

 

HB5310- 4 -LRB102 25490 LNS 34778 b

1    consider the position of the child representative for
2    purposes of a settlement conference.
3    (a-3) Additional appointments. During the proceedings the
4court may appoint an additional attorney to serve in the
5capacity described in subdivision (a)(1) or an additional
6attorney to serve in another of the capacities described in
7subdivision (a)(2) or (a)(3) on the court's own motion or that
8of a party only for good cause shown and when the reasons for
9the additional appointment are set forth in specific findings.
10    (a-5) Appointment considerations. In deciding whether to
11make an appointment of an attorney for the minor child, a
12guardian ad litem, or a child representative, the court shall
13consider the nature and adequacy of the evidence to be
14presented by the parties and the availability of other methods
15of obtaining information, including social service
16organizations and evaluations by mental health professions, as
17well as resources for payment.
18    In no event is this Section intended to or designed to
19abrogate the decision making power of the trier of fact. Any
20appointment made under this Section is not intended to nor
21should it serve to place any appointed individual in the role
22of a surrogate judge.
23    (b) Fees and costs. The court shall enter an order as
24appropriate for costs, fees, and disbursements, including a
25retainer, when the attorney, guardian ad litem, or child's
26representative is appointed. Any person appointed under this

 

 

HB5310- 5 -LRB102 25490 LNS 34778 b

1Section shall file with the court within 90 days of his or her
2appointment, and every subsequent 90-day period thereafter
3during the course of his or her representation, a detailed
4invoice for services rendered with a copy being sent to each
5party. The court shall review the invoice submitted and
6approve the fees, if they are reasonable and necessary. Any
7order approving the fees shall require payment by either or
8both parents, by any other party or source, or from the marital
9estate or the child's separate estate. The court may not order
10payment by the Department of Healthcare and Family Services in
11cases in which the Department is providing child support
12enforcement services under Article X of the Illinois Public
13Aid Code. Unless otherwise ordered by the court at the time
14fees and costs are approved, all fees and costs payable to an
15attorney, guardian ad litem, or child representative under
16this Section are by implication deemed to be in the nature of
17support of the child and are within the exceptions to
18discharge in bankruptcy under 11 U.S.C.A. 523. The provisions
19of Sections 501 and 508 of this Act shall apply to fees and
20costs for attorneys appointed under this Section.
21(Source: P.A. 99-90, eff. 1-1-16.)
 
22    (750 ILCS 5/602.7)
23    Sec. 602.7. Allocation of parental responsibilities:
24parenting time.
25    (a) Best interests. The court shall allocate parenting

 

 

HB5310- 6 -LRB102 25490 LNS 34778 b

1time according to the child's best interests.
2    (b) Allocation of parenting time. Unless the parents
3present a mutually agreed written parenting plan and that plan
4is approved by the court, the court shall allocate parenting
5time. It is presumed both parents are fit and the court shall
6not place any restrictions on parenting time as defined in
7Section 600 and described in Section 603.10 or 603.12, unless
8it finds by a preponderance of the evidence that a parent's
9exercise of parenting time would seriously endanger the
10child's physical, mental, moral, or emotional health.
11    In determining the child's best interests for purposes of
12allocating parenting time, the court shall consider all
13relevant factors, including, without limitation, the
14following:
15        (1) the wishes of each parent seeking parenting time;
16        (2) the wishes of the child, taking into account the
17    child's maturity and ability to express reasoned and
18    independent preferences as to parenting time. If the court
19    finds that a child who expresses fear of a parent is based
20    on the parent's actual and specific conduct that is
21    contrary to the child's best interests, the finding shall
22    be considered;
23        (3) the amount of time each parent spent performing
24    caretaking functions with respect to the child in the 24
25    months preceding the filing of any petition for allocation
26    of parental responsibilities or, if the child is under 2

 

 

HB5310- 7 -LRB102 25490 LNS 34778 b

1    years of age, since the child's birth;
2        (4) any prior agreement or course of conduct between
3    the parents relating to caretaking functions with respect
4    to the child;
5        (5) the interaction and interrelationship of the child
6    with his or her parents and siblings and with any other
7    person who may significantly affect the child's best
8    interests;
9        (6) the child's adjustment to his or her home, school,
10    and community;
11        (7) the mental and physical health of all individuals
12    involved;
13        (8) the child's needs;
14        (8.1) which parent is more likely to ensure the health
15    and safety of the child, as defined in Section 603.12;
16        (9) the distance between the parents' residences, the
17    cost and difficulty of transporting the child, each
18    parent's and the child's daily schedules, and the ability
19    of the parents to cooperate in the arrangement;
20        (10) whether a restriction on parenting time is
21    appropriate;
22        (11) the physical violence or threat of physical
23    violence by the child's parent directed against the child
24    or other member of the child's household;
25        (12) the willingness and ability of each parent to
26    place the needs of the child ahead of his or her own needs;

 

 

HB5310- 8 -LRB102 25490 LNS 34778 b

1        (13) the willingness and ability of each parent to
2    facilitate and encourage a close and continuing
3    relationship between the other parent and the child;
4        (13.1) the attempts of a parent to turn the child
5    against the other parent, except in the case of abuse,
6    where reasonable safety measures are necessary to protect
7    the health and safety of the child, as defined in Section
8    603.12, from harm. A parent's reasonable concerns for a
9    child's health and welfare and the parent's reasonable
10    efforts to protect the child shall not be considered
11    attempts to turn the child against the other parent. A
12    child's deficient or negative relationship with a parent
13    shall not be presumed to be caused by the other parent;
14        (14) the occurrence of abuse against the child or
15    other member of the child's household;
16        (14.1) violent or assaultive behavior committed by a
17    parent, including a past or current protection order under
18    Article 112A of the Code of Criminal Procedure of 1963 or
19    order of protection under the Domestic Violence Act of
20    1986 where there has been a finding of abuse;
21        (14.2) the existence of a protection order under
22    Article 112A of the Code of Criminal Procedure of 1963 or
23    order of protection under the Domestic Violence Act of
24    1986 entered on consent of the parents, with no admission
25    or finding of abuse, if, upon review of the facts
26    presented at the parenting time hearing, the court finds

 

 

HB5310- 9 -LRB102 25490 LNS 34778 b

1    that abuse occurred;
2        (15) whether one of the parents is a convicted sex
3    offender or lives with a convicted sex offender and, if
4    so, the exact nature of the offense and what if any
5    treatment the offender has successfully participated in;
6    the parties are entitled to a hearing on the issues raised
7    in this paragraph (15);
8        (15.1) whether one of the parents has been convicted
9    of or has pled guilty or no contest to any of the following
10    offenses or an offense in another jurisdiction
11    substantially equivalent to any of the following offenses:
12    Section 3.02 (aggravated cruelty of an animal), 3.03
13    (animal torture), or 3.03-1 (depiction of animal cruelty)
14    of the Humane Care for Animals Act; Section 11-501
15    (driving while under the influence of alcohol, other drug
16    or drugs, intoxicating compound or compounds or any
17    combination thereof) of the Illinois Vehicle Code; Section
18    9-1 (first degree murder), 9-1.2 (intentional homicide of
19    an unborn child), 9-2 (second degree murder), 9-2.1
20    (voluntary manslaughter of an unborn child), 9-3
21    (involuntary manslaughter and reckless homicide), 9-3.2
22    (involuntary manslaughter and reckless homicide of an
23    unborn child), 9-3.3 (drug-induced homicide), 9-3.5
24    (concealment of death), 10-1 (kidnapping), 10-2
25    (aggravated kidnaping), 10-3 (unlawful restraint), 10-3.1
26    (aggravated unlawful restraint), 10-4 (forcible

 

 

HB5310- 10 -LRB102 25490 LNS 34778 b

1    detention), 10-5 (child abduction), 10-5.1 (luring of a
2    minor), 10-5.5 (unlawful visitation or parenting time
3    interference), 10-7 (aiding or abetting child abduction),
4    10-9 (trafficking in persons, involuntary servitude, and
5    related offenses), 10-10 (failure to report the death or
6    disappearance of a child under 13 years of age), 11-1.20
7    (criminal sexual assault), 11-1.30 (aggravated criminal
8    sexual assault), 11-1.40 (predatory criminal sexual
9    assault of a child), 11-1.50 (criminal sexual abuse),
10    11-1.60 (aggravated criminal sexual abuse), 11-6 (indecent
11    solicitation of a child), 11-6.6 (solicitation to meet a
12    child), 11-9.1 (sexual exploitation of a child), 11-9.1A
13    (permitting sexual abuse of a child), 11-9.1B (failure to
14    report sexual abuse of a child), 11-9.3 (presence within
15    school zone by child sex offenders), 11-9.4-1 (sexual
16    predator and child sex offender presence or loitering in
17    or near public parks), 11-11 (sexual relations within
18    families), 11-14 (prostitution), 11-14.1 (solicitation of
19    a sexual act), 11-14.3 (promoting prostitution), 11-14.4
20    (promoting juvenile prostitution), 11-18 (patronizing a
21    prostitute), 11-18.1 (patronizing a minor engaged in
22    prostitution), 11-20 (obscenity), 11-20.1 (child
23    pornography), 11-21 (distribution of harmful material),
24    11-24 (child photography by sex offender), 11-25
25    (grooming), 11-26 (traveling to meet a child), 11-30
26    (public indecency), 12-1 (assault), 12-2 (aggravated

 

 

HB5310- 11 -LRB102 25490 LNS 34778 b

1    assault), 12-3.4 (violation of an order of protection),
2    12-5 (reckless conduct), 12-7.3 (stalking), 12-7.4
3    (aggravated stalking), 12-7.5 (cyberstalking), 12-35
4    (sexual conduct or sexual contact with an animal), 12-21.6
5    (endangering the life or health of a child), 12C-10 (child
6    abandonment), 20-1 (arson), 20-1.1 (aggravated arson),
7    29D-20 (making a terrorist threat), or 48-1 (dog fighting)
8    of the Criminal Code of 2012; or Section 401 (manufacture
9    or delivery, or possession with intent to manufacture or
10    deliver, a controlled substance, a counterfeit substance,
11    or controlled substance analog) of the Illinois Controlled
12    Substances Act;
13        (16) the terms of a parent's military family-care plan
14    that a parent must complete before deployment if a parent
15    is a member of the United States Armed Forces who is being
16    deployed; and
17        (17) any other factor that the court expressly finds
18    to be relevant.
19    (b-1) A factor under subsection (b) shall not be adversely
20weighed against a party if the circumstances related to the
21factor were in response to abuse or necessary to protect the
22child or the abused party from harm and the party alleging
23abuse does not pose a risk to the health and safety of the
24child, as defined in Section 603,12, at the time of the
25parenting time hearing. A temporary housing instability as a
26result of abuse shall not be considered against the party

 

 

HB5310- 12 -LRB102 25490 LNS 34778 b

1alleging the abuse.
2    As used in this subsection, "temporary housing
3instability" means a period not to exceed 6 months from the
4date of the last incident of abuse as determined by a court.
5    (b-2) No single factor under subsection (b) shall by
6itself be determinative in the awarding of parenting time. The
7court shall examine the totality of the circumstances, giving
8weighted consideration to the factors that affect the health
9and safety of the child, as defined in Section 603.12, when
10issuing a parenting plan that is in the best interests of the
11child.
12    (b-3) A criminal conviction specified under paragraph
13(15.1) of subsection (b) shall not by itself be determinative
14in the awarding of parenting time. The court shall examine the
15totality of the circumstances when issuing a parenting plan
16that is in the best interests of the child.
17    (c) In allocating parenting time, the court shall not
18consider conduct of a parent that does not affect that
19parent's relationship to the child.
20    (d) Upon motion, the court may allow a parent who is
21deployed or who has orders to be deployed as a member of the
22United States Armed Forces to designate a person known to the
23child to exercise reasonable substitute visitation on behalf
24of the deployed parent, if the court determines that
25substitute visitation is in the best interests of the child.
26In determining whether substitute visitation is in the best

 

 

HB5310- 13 -LRB102 25490 LNS 34778 b

1interests of the child, the court shall consider all of the
2relevant factors listed in subsection (b) of this Section and
3apply those factors to the person designated as a substitute
4for the deployed parent for visitation purposes. Visitation
5orders entered under this subsection are subject to
6subsections (e) and (f) of Section 602.9 and subsections (c)
7and (d) of Section 603.10.
8    (e) If the street address of a parent is not identified
9pursuant to Section 708 of this Act, the court shall require
10the parties to identify reasonable alternative arrangements
11for parenting time by the other parent including, but not
12limited to, parenting time of the minor child at the residence
13of another person or at a local public or private facility.
14(Source: P.A. 99-90, eff. 1-1-16.)
 
15    (750 ILCS 5/603.10)
16    Sec. 603.10. Restriction of parental responsibilities.
17    (a) After a hearing, if the court finds by a preponderance
18of the evidence that a parent engaged in any conduct that
19seriously endangered the child's mental, moral, or physical
20health or that significantly impaired the child's emotional
21development, the court shall enter orders as necessary to
22protect the child. Such orders may include, but are not
23limited to, orders for one or more of the following:
24        (1) a reduction, elimination, or other adjustment of
25    the parent's decision-making responsibilities or parenting

 

 

HB5310- 14 -LRB102 25490 LNS 34778 b

1    time, or both decision-making responsibilities and
2    parenting time;
3        (2) supervision, including ordering the Department of
4    Children and Family Services to exercise continuing
5    supervision under Section 5 of the Children and Family
6    Services Act;
7        (2.1) supervision under Section 603.12;
8        (3) requiring the exchange of the child between the
9    parents through an intermediary or in a protected setting;
10        (4) restraining a parent's communication with or
11    proximity to the other parent or the child;
12        (5) requiring a parent to abstain from possessing or
13    consuming alcohol or non-prescribed drugs while exercising
14    parenting time with the child and within a specified
15    period immediately preceding the exercise of parenting
16    time;
17        (6) restricting the presence of specific persons while
18    a parent is exercising parenting time with the child;
19        (7) requiring a parent to post a bond to secure the
20    return of the child following the parent's exercise of
21    parenting time or to secure other performance required by
22    the court;
23        (8) requiring a parent to complete a treatment program
24    for perpetrators of abuse, for drug or alcohol abuse, or
25    for other behavior that is the basis for restricting
26    parental responsibilities under this Section; and

 

 

HB5310- 15 -LRB102 25490 LNS 34778 b

1        (9) any other constraints or conditions that the court
2    deems necessary to provide for the child's safety or
3    welfare.
4    (b) The court may modify an order restricting parental
5responsibilities if, after a hearing, the court finds by a
6preponderance of the evidence that a modification is in the
7child's best interests based on (i) a change of circumstances
8that occurred after the entry of an order restricting parental
9responsibilities; or (ii) conduct of which the court was
10previously unaware that seriously endangers the child. In
11determining whether to modify an order under this subsection,
12the court must consider factors that include, but need not be
13limited to, the following:
14        (1) abuse, neglect, or abandonment of the child;
15        (2) abusing or allowing abuse of another person that
16    had an impact upon the child;
17        (3) use of drugs, alcohol, or any other substance in a
18    way that interferes with the parent's ability to perform
19    caretaking functions with respect to the child; and
20        (4) persistent continuing interference with the other
21    parent's access to the child, except for actions taken
22    with a reasonable, good-faith belief that they are
23    necessary to protect the child's safety pending
24    adjudication of the facts underlying that belief, provided
25    that the interfering parent initiates a proceeding to
26    determine those facts as soon as practicable.

 

 

HB5310- 16 -LRB102 25490 LNS 34778 b

1    (c) An order granting parenting time to a parent or
2visitation to another person may be revoked by the court if
3that parent or other person is found to have knowingly used his
4or her parenting time or visitation to facilitate contact
5between the child and a parent who has been barred from contact
6with the child or to have knowingly used his or her parenting
7time or visitation to facilitate contact with the child that
8violates any restrictions imposed on a parent's parenting time
9by a court of competent jurisdiction. Nothing in this
10subsection limits a court's authority to enforce its orders in
11any other manner authorized by law.
12    (d) If parenting time of a parent is restricted, an order
13granting visitation to a non-parent with a child or an order
14granting parenting time to the other parent shall contain the
15following language:
16        "If a person granted parenting time or visitation
17    under this order uses that time to facilitate contact
18    between the child and a parent whose parenting time is
19    restricted, or if such a person violates any restrictions
20    placed on parenting time or visitation by the court, the
21    parenting time or visitation granted under this order
22    shall be revoked until further order of court."
23    (e) A parent who, after a hearing, is determined by the
24court to have been convicted of any offense involving an
25illegal sex act perpetrated upon a victim less than 18 years of
26age, including but not limited to an offense under Article 11

 

 

HB5310- 17 -LRB102 25490 LNS 34778 b

1of the Criminal Code of 2012, is not entitled to parenting time
2while incarcerated or while on parole, probation, conditional
3discharge, periodic imprisonment, or mandatory supervised
4release for a felony offense, until the parent complies with
5such terms and conditions as the court determines are in the
6child's best interests, taking into account the exact nature
7of the offense and what, if any, treatment in which the parent
8successfully participated.
9    (f) A parent may not, while the child is present, visit any
10person granted visitation or parenting time who has been
11convicted of first degree murder, unless the court finds,
12after considering all relevant factors, including those set
13forth in subsection (b) of Section 602.7, that it would be in
14the child's best interests to allow the child to be present
15during such a visit.
16(Source: P.A. 99-90, eff. 1-1-16.)
 
17    (750 ILCS 5/603.12 new)
18    Sec. 603.12. Safety conditions.
19    (a) After considering the factors under subsection (b) of
20Section 602.7, if the court finds that there is a history of
21abuse of the child or a household member by a party or a
22present risk of harm to the child or an abused party and awards
23any form of parenting time to a party who committed the abuse
24or who has a household member who committed the abuse, the
25court shall include in the parenting plan safety conditions,

 

 

HB5310- 18 -LRB102 25490 LNS 34778 b

1restrictions, or safeguards as reasonably necessary to protect
2the child or the abused party.
3    The court shall include in the parenting plan the reason
4for imposing the safety conditions, restrictions, or
5safeguards and an explanation as to why the safety conditions,
6restrictions, or safeguards are in the best interests of the
7child or the abused party. If supervised contact is ordered,
8there shall be a review of the risk of harm and need for
9continued supervision on at least an annual basis. The safety
10conditions, restrictions, or safeguards may include:
11        (1) nonprofessional supervised parenting time;
12        (2) professional supervised parenting time;
13        (3) limitations on the time of day that parenting time
14    is permitted or the number of hours of parenting time and
15    the maximum number of hours of parenting time permitted
16    per day or per week;
17        (4) the appointment of a qualified professional
18    specializing in programming relating to the history of
19    abuse or risk of harm to provider intervention or harm
20    prevention programming. The court may order an evaluation
21    by the appointed qualified professional to determine
22    whether additional programming is necessary;
23        (5) limitations on parenting time; or
24        (6) any other safety conditions, restrictions, or
25    safeguards to ensure the health and safety of the child or
26    to protect a household member.

 

 

HB5310- 19 -LRB102 25490 LNS 34778 b

1    (b) If the court finds by a preponderance of the evidence
2that a party has abused the child or household member, there
3shall be a rebuttable presumption that the court shall only
4allow nonprofessional supervised parenting time or
5professional supervised parenting time between the child and
6the party who committed the abuse. A court may find that an
7indicated report for physical or sexual abuse is a basis for a
8finding of abuse under this subsection only after a de novo
9review of the circumstances leading to the indicated report.
10Notwithstanding this subsection, the court may award an
11alternative form of parenting time if the court finds by a
12preponderance of the evidence that:
13        (1) the party no longer poses a risk of abuse to the
14    child or any other household member; and
15        (2) another parenting time arrangement is in the best
16    interests of the child and will not jeopardize the health
17    and safety of the child.
18    (c) If the court finds by a preponderance of the evidence
19that there is an ongoing risk of abuse of the child, there
20shall be a rebuttable presumption that the court shall only
21allow professional supervised parenting time between the child
22and the party who poses the risk of abuse. A court may find
23that an indicated report for physical or sexual abuse is a
24basis for a finding of abuse under this subsection only after a
25de novo review of the circumstances leading to the indicated
26report. Notwithstanding this subsection, the court may award

 

 

HB5310- 20 -LRB102 25490 LNS 34778 b

1an alternative form of parenting time if the court finds by a
2preponderance of the evidence that:
3        (1) the party no longer poses a risk of abuse to the
4    child or any other household member; and
5        (2) another parenting time arrangement is in the best
6    interests of the child and will not jeopardize the health
7    and safety of the child.
8    (d) As used in this Section:
9    "Health and safety of the child" includes, but is not
10limited to, the physical, emotional, and psychological
11well-being of the child.
12    "Household member" means a spouse or individual who has
13been a spouse, individual living as a spouse or lived as a
14spouse, parent or child, individual related by consanguinity
15or affinity, current or former sexual or intimate partner, or
16individual who shares biological parenthood currently sharing
17a household with the child or a party.
18    "Intervention and harm prevention programming" includes,
19but is not limited to, programming designed to rehabilitate
20the offending individual, including prioritizing an
21intervention or harm prevent program, if available, or the
22impacts of physical, sexual, or domestic abuse on the victim.
23    "Nonprofessional supervised parenting time" means
24parenting time during which an adult, designated by the court
25or agreed upon by the parties, monitors the interaction
26between the child and the individual with parenting time

 

 

HB5310- 21 -LRB102 25490 LNS 34778 b

1rights.
2    "Professional supervised parenting time" means parenting
3time during which a professional with education and training
4on the dynamics of domestic violence, sexual assault, child
5abuse, and the impact of domestic violence on children
6oversees the interaction between the child and the individual
7with parenting time rights and promotes the health and safety
8of the child during the interaction.
 
9    (750 ILCS 5/715 new)
10    Sec. 715. Judicial education and training.
11    (a) The Administrative Office of the Illinois Courts may
12develop and implement an ongoing education and training
13program for judges and relevant court personnel, including
14guardians ad litem, counsel for children, and mediators,
15regarding child abuse. The education and training program
16shall include all aspects of the maltreatment of children,
17including:
18        (1) sexual abuse;
19        (2) physical abuse;
20        (3) implicit and explicit bias;
21        (4) trauma and neglect; and
22        (5) the impact of child abuse and domestic violence on
23    children.
24    (b) The education and training program shall include the
25latest best practices from evidence-based, peer-reviewed

 

 

HB5310- 22 -LRB102 25490 LNS 34778 b

1research by recognized experts in the types of child abuse
2specified under subsection (a). The Administrative Office of
3the Illinois Courts shall design the education and training
4program to educate and train relevant court personnel on all
5of the factors listed under Section 602.7 and improve the
6ability of courts to make appropriate parenting time decisions
7that are in the best interests of the child, including
8education and training regarding the impact of child abuse,
9domestic abuse and trauma on a victim, specifically a child,
10and situations where one party attempts to turn a child
11against another party.
 
12    Section 15. The Illinois Domestic Violence Act of 1986 is
13amended by adding Section 228 as follows:
 
14    (750 ILCS 60/228 new)
15    Sec. 228. Sealing of court file prohibited. No court shall
16seal a court file related to an order of protection granted
17under this Act.