Rep. Terra Costa Howard

Filed: 3/8/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1555

2    AMENDMENT NO. ______. Amend House Bill 1555 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Section 506 as follows:
 
6    (750 ILCS 5/506)  (from Ch. 40, par. 506)
7    Sec. 506. Representation of child.
8    (a) Duties. In any proceedings involving the support,
9custody, visitation, allocation of parental responsibilities,
10education, parentage, property interest, or general welfare of
11a minor or dependent child, the court may, on its own motion or
12that of any party, appoint an attorney to serve in one of the
13following capacities to address the issues the court
14delineates:
15        (1) Attorney. The attorney shall provide independent
16    legal counsel for the child and shall owe the same duties

 

 

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1    of undivided loyalty, confidentiality, and competent
2    representation as are due an adult client.
3        (2) Guardian ad litem. The guardian ad litem shall
4    investigate the facts of the case and interview the child
5    and the parties. Unless the court directs otherwise, the
6    guardian ad litem shall submit to the court and the
7    parties a written report, written recommendations, or a
8    proposed parenting plan, in accordance with the child's
9    best interests, not less than 30 days before a final
10    hearing or trial. The guardian ad litem's written report
11    or written recommendations shall be admitted into evidence
12    without the need for foundation. The guardian ad litem
13    shall be available for deposition before a final hearing
14    or trial notwithstanding any other discovery cutoff. The
15    guardian ad litem shall testify or submit a written report
16    to the court regarding his or her recommendations in
17    accordance with the best interest of the child. The report
18    shall be made available to all parties. The guardian ad
19    litem may be called as a witness for purposes of
20    cross-examination regarding the guardian ad litem's report
21    or recommendations. At the discretion of the court, the
22    guardian ad litem:
23            (i) may be present for all proceedings, including
24        in camera examinations of the child;
25            (ii) may issue subpoenas for records as part of
26        the guardian ad litem's investigation; and

 

 

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1            (iii) may file pleadings relating to procedural
2        matters. The guardian ad litem shall investigate the
3        facts of the case and interview the child and the
4        parties.
5        (3) Child representative. The child representative
6    shall advocate what the child representative finds to be
7    in the best interests of the child after reviewing the
8    facts and circumstances of the case. The child
9    representative shall meet with the child and the parties,
10    investigate the facts of the case, and encourage
11    settlement and the use of alternative forms of dispute
12    resolution. The child representative shall have the same
13    authority and obligation to participate in the litigation
14    as does an attorney for a party and shall possess all the
15    powers of investigation as does a guardian ad litem. The
16    child representative shall consider, but not be bound by,
17    the expressed wishes of the child. A child representative
18    shall have received training in child advocacy or shall
19    possess such experience as determined to be equivalent to
20    such training by the chief judge of the circuit where the
21    child representative has been appointed. The child
22    representative shall not disclose confidential
23    communications made by the child, except as required by
24    law or by the Rules of Professional Conduct. The child
25    representative shall not render an opinion,
26    recommendation, or report to the court and shall not be

 

 

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1    called as a witness, but shall offer evidence-based legal
2    arguments. The child representative shall disclose the
3    position as to what the child representative intends to
4    advocate in a pre-trial memorandum that shall be served
5    upon all counsel of record prior to the trial. The
6    position disclosed in the pre-trial memorandum shall not
7    be considered evidence. The court and the parties may
8    consider the position of the child representative for
9    purposes of a settlement conference.
10    (a-3) Additional appointments. During the proceedings the
11court may appoint an additional attorney to serve in the
12capacity described in subdivision (a)(1) or an additional
13attorney to serve in another of the capacities described in
14subdivision (a)(2) or (a)(3) on the court's own motion or that
15of a party only for good cause shown and when the reasons for
16the additional appointment are set forth in specific findings.
17    (a-5) Appointment considerations. In deciding whether to
18make an appointment of an attorney for the minor child, a
19guardian ad litem, or a child representative, the court shall
20consider the nature and adequacy of the evidence to be
21presented by the parties and the availability of other methods
22of obtaining information, including social service
23organizations and evaluations by mental health professions, as
24well as resources for payment.
25    In no event is this Section intended to or designed to
26abrogate the decision making power of the trier of fact. Any

 

 

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1appointment made under this Section is not intended to nor
2should it serve to place any appointed individual in the role
3of a surrogate judge.
4    (b) Fees and costs. The court shall enter an order as
5appropriate for costs, fees, and disbursements, including a
6retainer, when the attorney, guardian ad litem, or child's
7representative is appointed. Any person appointed under this
8Section shall file with the court within 90 days of his or her
9appointment, and every subsequent 90-day period thereafter
10during the course of his or her representation, a detailed
11invoice for services rendered with a copy being sent to each
12party. The court shall review the invoice submitted and
13approve the fees, if they are reasonable and necessary. Any
14order approving the fees shall require payment by either or
15both parents, by any other party or source, or from the marital
16estate or the child's separate estate. The court may not order
17payment by the Department of Healthcare and Family Services in
18cases in which the Department is providing child support
19enforcement services under Article X of the Illinois Public
20Aid Code. Unless otherwise ordered by the court at the time
21fees and costs are approved, all fees and costs payable to an
22attorney, guardian ad litem, or child representative under
23this Section are by implication deemed to be in the nature of
24support of the child and are within the exceptions to
25discharge in bankruptcy under 11 U.S.C.A. 523. The provisions
26of Sections 501 and 508 of this Act shall apply to fees and

 

 

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1costs for attorneys appointed under this Section.
2(Source: P.A. 99-90, eff. 1-1-16.)".