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1    AN ACT concerning parentage.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 1-3 and 6-9 as follows:
 
6    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
7    Sec. 1-3. Definitions. Terms used in this Act, unless the
8context otherwise requires, have the following meanings
9ascribed to them:
10    (1) "Adjudicatory hearing" means a hearing to determine
11whether the allegations of a petition under Section 2-13, 3-15
12or 4-12 that a minor under 18 years of age is abused, neglected
13or dependent, or requires authoritative intervention, or
14addicted, respectively, are supported by a preponderance of the
15evidence or whether the allegations of a petition under Section
165-520 that a minor is delinquent are proved beyond a reasonable
17doubt.
18    (2) "Adult" means a person 21 years of age or older.
19    (3) "Agency" means a public or private child care facility
20legally authorized or licensed by this State for placement or
21institutional care or for both placement and institutional
22care.
23    (4) "Association" means any organization, public or

 

 

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1private, engaged in welfare functions which include services to
2or on behalf of children but does not include "agency" as
3herein defined.
4    (4.05) Whenever a "best interest" determination is
5required, the following factors shall be considered in the
6context of the child's age and developmental needs:
7        (a) the physical safety and welfare of the child,
8    including food, shelter, health, and clothing;
9        (b) the development of the child's identity;
10        (c) the child's background and ties, including
11    familial, cultural, and religious;
12        (d) the child's sense of attachments, including:
13            (i) where the child actually feels love,
14        attachment, and a sense of being valued (as opposed to
15        where adults believe the child should feel such love,
16        attachment, and a sense of being valued);
17            (ii) the child's sense of security;
18            (iii) the child's sense of familiarity;
19            (iv) continuity of affection for the child;
20            (v) the least disruptive placement alternative for
21        the child;
22        (e) the child's wishes and long-term goals;
23        (f) the child's community ties, including church,
24    school, and friends;
25        (g) the child's need for permanence which includes the
26    child's need for stability and continuity of relationships

 

 

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1    with parent figures and with siblings and other relatives;
2        (h) the uniqueness of every family and child;
3        (i) the risks attendant to entering and being in
4    substitute care; and
5        (j) the preferences of the persons available to care
6    for the child.
7    (4.1) "Chronic truant" shall have the definition ascribed
8to it in Section 26-2a of the School Code.
9    (5) "Court" means the circuit court in a session or
10division assigned to hear proceedings under this Act.
11    (6) "Dispositional hearing" means a hearing to determine
12whether a minor should be adjudged to be a ward of the court,
13and to determine what order of disposition should be made in
14respect to a minor adjudged to be a ward of the court.
15    (7) "Emancipated minor" means any minor 16 years of age or
16over who has been completely or partially emancipated under the
17Emancipation of Minors Act or under this Act.
18    (8) "Guardianship of the person" of a minor means the duty
19and authority to act in the best interests of the minor,
20subject to residual parental rights and responsibilities, to
21make important decisions in matters having a permanent effect
22on the life and development of the minor and to be concerned
23with his or her general welfare. It includes but is not
24necessarily limited to:
25        (a) the authority to consent to marriage, to enlistment
26    in the armed forces of the United States, or to a major

 

 

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1    medical, psychiatric, and surgical treatment; to represent
2    the minor in legal actions; and to make other decisions of
3    substantial legal significance concerning the minor;
4        (b) the authority and duty of reasonable visitation,
5    except to the extent that these have been limited in the
6    best interests of the minor by court order;
7        (c) the rights and responsibilities of legal custody
8    except where legal custody has been vested in another
9    person or agency; and
10        (d) the power to consent to the adoption of the minor,
11    but only if expressly conferred on the guardian in
12    accordance with Section 2-29, 3-30, or 4-27.
13    (9) "Legal custody" means the relationship created by an
14order of court in the best interests of the minor which imposes
15on the custodian the responsibility of physical possession of a
16minor and the duty to protect, train and discipline him and to
17provide him with food, shelter, education and ordinary medical
18care, except as these are limited by residual parental rights
19and responsibilities and the rights and responsibilities of the
20guardian of the person, if any.
21    (9.1) "Mentally capable adult relative" means a person 21
22years of age or older who is not suffering from a mental
23illness that prevents him or her from providing the care
24necessary to safeguard the physical safety and welfare of a
25minor who is left in that person's care by the parent or
26parents or other person responsible for the minor's welfare.

 

 

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1    (10) "Minor" means a person under the age of 21 years
2subject to this Act.
3    (11) "Parent" means the father or mother of a child and
4includes any adoptive parent. It also includes a man (i) whose
5paternity is presumed or has been established under the law of
6this or another jurisdiction or (ii) who has registered with
7the Putative Father Registry in accordance with Section 12.1 of
8the Adoption Act and whose paternity has not been ruled out
9under the law of this or another jurisdiction. It does not
10include a parent whose rights in respect to the minor have been
11terminated in any manner provided by law. It does not include a
12person who has been or could be determined to be a parent under
13the Illinois Parentage Act of 1984, or similar parentage law in
14any other state, if that person has been convicted of or pled
15nolo contendere to a crime that resulted in the conception of
16the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11,
1712-13, 12-14, 12-14.1, subsection (a) or (b) (but not
18subsection (c)) of Section 11-1.50 or 12-15, or subsection (a),
19(b), (c), (e), or (f) (but not subsection (d)) of Section
2011-1.60 or 12-16 of the Criminal Code of 1961 or similar
21statute in another jurisdiction unless upon motion of any
22party, other than the offender, to the juvenile court
23proceedings the court finds it is in the child's best interest
24to deem the offender a parent for purposes of the juvenile
25court proceedings.
26    (11.1) "Permanency goal" means a goal set by the court as

 

 

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1defined in subdivision (2) of Section 2-28.
2    (11.2) "Permanency hearing" means a hearing to set the
3permanency goal and to review and determine (i) the
4appropriateness of the services contained in the plan and
5whether those services have been provided, (ii) whether
6reasonable efforts have been made by all the parties to the
7service plan to achieve the goal, and (iii) whether the plan
8and goal have been achieved.
9    (12) "Petition" means the petition provided for in Section
102-13, 3-15, 4-12 or 5-520, including any supplemental petitions
11thereunder in Section 3-15, 4-12 or 5-520.
12    (12.1) "Physically capable adult relative" means a person
1321 years of age or older who does not have a severe physical
14disability or medical condition, or is not suffering from
15alcoholism or drug addiction, that prevents him or her from
16providing the care necessary to safeguard the physical safety
17and welfare of a minor who is left in that person's care by the
18parent or parents or other person responsible for the minor's
19welfare.
20    (13) "Residual parental rights and responsibilities" means
21those rights and responsibilities remaining with the parent
22after the transfer of legal custody or guardianship of the
23person, including, but not necessarily limited to, the right to
24reasonable visitation (which may be limited by the court in the
25best interests of the minor as provided in subsection (8)(b) of
26this Section), the right to consent to adoption, the right to

 

 

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1determine the minor's religious affiliation, and the
2responsibility for his support.
3    (14) "Shelter" means the temporary care of a minor in
4physically unrestricting facilities pending court disposition
5or execution of court order for placement.
6    (15) "Station adjustment" means the informal handling of an
7alleged offender by a juvenile police officer.
8    (16) "Ward of the court" means a minor who is so adjudged
9under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
10requisite jurisdictional facts, and thus is subject to the
11dispositional powers of the court under this Act.
12    (17) "Juvenile police officer" means a sworn police officer
13who has completed a Basic Recruit Training Course, has been
14assigned to the position of juvenile police officer by his or
15her chief law enforcement officer and has completed the
16necessary juvenile officers training as prescribed by the
17Illinois Law Enforcement Training Standards Board, or in the
18case of a State police officer, juvenile officer training
19approved by the Director of the Department of State Police.
20    (18) "Secure child care facility" means any child care
21facility licensed by the Department of Children and Family
22Services to provide secure living arrangements for children
23under 18 years of age who are subject to placement in
24facilities under the Children and Family Services Act and who
25are not subject to placement in facilities for whom standards
26are established by the Department of Corrections under Section

 

 

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13-15-2 of the Unified Code of Corrections. "Secure child care
2facility" also means a facility that is designed and operated
3to ensure that all entrances and exits from the facility, a
4building, or a distinct part of the building are under the
5exclusive control of the staff of the facility, whether or not
6the child has the freedom of movement within the perimeter of
7the facility, building, or distinct part of the building.
8(Source: P.A. 95-331, eff. 8-21-07; 96-168, eff. 8-10-09.)
 
9    (705 ILCS 405/6-9)  (from Ch. 37, par. 806-9)
10    Sec. 6-9. Enforcement of liability of parents and others.
11    (1) If parentage is at issue in any proceeding under this
12Act, other than cases involving those exceptions to the
13definition of parent set out in item (11) in Section 1-3, then
14the Illinois Parentage Act of 1984 shall apply and the court
15shall enter orders consistent with that Act. If it appears at
16any hearing that a parent or any other person named in the
17petition, liable under the law for the support of the minor, is
18able to contribute to his or her support, the court shall enter
19an order requiring that parent or other person to pay the clerk
20of the court, or to the guardian or custodian appointed under
21Sections 2-27, 3-28, 4-25 or 5-740, a reasonable sum from time
22to time for the care, support and necessary special care or
23treatment, of the minor. If the court determines at any hearing
24that a parent or any other person named in the petition, liable
25under the law for the support of the minor, is able to

 

 

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1contribute to help defray the costs associated with the minor's
2detention in a county or regional detention center, the court
3shall enter an order requiring that parent or other person to
4pay the clerk of the court a reasonable sum for the care and
5support of the minor. The court may require reasonable security
6for the payments. Upon failure to pay, the court may enforce
7obedience to the order by a proceeding as for contempt of
8court.
9    If it appears that the person liable for the support of the
10minor is able to contribute to legal fees for representation of
11the minor, the court shall enter an order requiring that person
12to pay a reasonable sum for the representation, to the attorney
13providing the representation or to the clerk of the court for
14deposit in the appropriate account or fund. The sum may be paid
15as the court directs, and the payment thereof secured and
16enforced as provided in this Section for support.
17    If it appears at the detention or shelter care hearing of a
18minor before the court under Section 5-501 that a parent or any
19other person liable for support of the minor is able to
20contribute to his or her support, that parent or other person
21shall be required to pay a fee for room and board at a rate not
22to exceed $10 per day established, with the concurrence of the
23chief judge of the judicial circuit, by the county board of the
24county in which the minor is detained unless the court
25determines that it is in the best interest and welfare of the
26minor to waive the fee. The concurrence of the chief judge

 

 

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1shall be in the form of an administrative order. Each week, on
2a day designated by the clerk of the circuit court, that parent
3or other person shall pay the clerk for the minor's room and
4board. All fees for room and board collected by the circuit
5court clerk shall be disbursed into the separate county fund
6under Section 6-7.
7    Upon application, the court shall waive liability for
8support or legal fees under this Section if the parent or other
9person establishes that he or she is indigent and unable to pay
10the incurred liability, and the court may reduce or waive
11liability if the parent or other person establishes
12circumstances showing that full payment of support or legal
13fees would result in financial hardship to the person or his or
14her family.
15    (2) When a person so ordered to pay for the care and
16support of a minor is employed for wages, salary or commission,
17the court may order him to make the support payments for which
18he is liable under this Act out of his wages, salary or
19commission and to assign so much thereof as will pay the
20support. The court may also order him to make discovery to the
21court as to his place of employment and the amounts earned by
22him. Upon his failure to obey the orders of court he may be
23punished as for contempt of court.
24    (3) If the minor is a recipient of public aid under the
25Illinois Public Aid Code, the court shall order that payments
26made by a parent or through assignment of his wages, salary or

 

 

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1commission be made directly to (a) the Department of Healthcare
2and Family Services if the minor is a recipient of aid under
3Article V of the Code, (b) the Department of Human Services if
4the minor is a recipient of aid under Article IV of the Code,
5or (c) the local governmental unit responsible for the support
6of the minor if he is a recipient under Articles VI or VII of
7the Code. The order shall permit the Department of Healthcare
8and Family Services, the Department of Human Services, or the
9local governmental unit, as the case may be, to direct that
10subsequent payments be made directly to the guardian or
11custodian of the minor, or to some other person or agency in
12the minor's behalf, upon removal of the minor from the public
13aid rolls; and upon such direction and removal of the minor
14from the public aid rolls, the Department of Healthcare and
15Family Services, Department of Human Services, or local
16governmental unit, as the case requires, shall give written
17notice of such action to the court. Payments received by the
18Department of Healthcare and Family Services, Department of
19Human Services, or local governmental unit are to be covered,
20respectively, into the General Revenue Fund of the State
21Treasury or General Assistance Fund of the governmental unit,
22as provided in Section 10-19 of the Illinois Public Aid Code.
23(Source: P.A. 95-331, eff. 8-21-07.)
 
24    Section 10. The Illinois Parentage Act of 1984 is amended
25by changing Section 6.5 as follows:
 

 

 

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1    (750 ILCS 45/6.5)
2    (Text of Section before amendment by P.A. 96-1551)
3    Sec. 6.5. Custody or visitation by sex offender prohibited.
4    (a) This Section applies to a person who has been found to
5be the father of a child under this Act and who has been
6convicted of or who has pled guilty or nolo contendere to a
7violation of Section 11-1.20 (criminal sexual assault),
8Section 11-1.30 (aggravated criminal sexual assault), Section
911-1.40 (predatory criminal sexual assault of a child), Section
1011-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated
11criminal sexual abuse), Section 11-11 (sexual relations within
12families), Section 12-13 (criminal sexual assault), Section
1312-14 (aggravated criminal sexual assault), Section 12-14.1
14(predatory criminal sexual assault of a child), Section 12-15
15(criminal sexual abuse), or Section 12-16 (aggravated criminal
16sexual abuse) of the Criminal Code of 1961, or a similar
17statute in another jurisdiction, for his conduct in fathering
18that child.
19    (b) A person described in subsection (a) shall not be
20entitled to custody of or visitation with that child without
21the consent of the child's mother or guardian. If the person
22described in subsection (a) is also the guardian of the child,
23he does not have the authority to consent to visitation or
24custody under this Section. If the mother of the child is a
25minor, and the person described in subsection (a) is also the

 

 

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1father or guardian of the mother, then he does not have the
2authority to consent to custody or visitation.
3    (c) Notwithstanding any other provision of this Act,
4nothing in this Section shall be construed to relieve the
5father described in subsection (a) of any support and
6maintenance obligations to the child under this Act.
7A person found to be the father of a child under this Act, and
8who has been convicted of or who has pled guilty to a violation
9of Section 11-11 (sexual relations within families), Section
1012-13 (criminal sexual assault), Section 12-14 (aggravated
11criminal sexual assault), Section 12-14.1 (predatory criminal
12sexual assault of a child), Section 12-15 (criminal sexual
13abuse), or Section 12-16 (aggravated criminal sexual abuse) of
14the Criminal Code of 1961 for his conduct in fathering that
15child, shall not be entitled to custody of or visitation with
16that child without the consent of the mother or guardian, other
17than the father of the child who has been convicted of or pled
18guilty to one of the offenses listed in this Section, or, in
19cases where the mother is a minor, the guardian of the mother
20of the child. Notwithstanding any other provision of this Act,
21nothing in this Section shall be construed to relieve the
22father of any support and maintenance obligations to the child
23under this Act.
24(Source: P.A. 94-928, eff. 6-26-06.)
 
25    (Text of Section after amendment by P.A. 96-1551)

 

 

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1    Sec. 6.5. Custody or visitation by sex offender prohibited.
2    (a) This Section applies to a person who has been found to
3be the father of a child under this Act and who has been
4convicted of or who has pled guilty or nolo contendere to a
5violation of Section 11-1.20 (criminal sexual assault),
6Section 11-1.30 (aggravated criminal sexual assault), Section
711-1.40 (predatory criminal sexual assault of a child), Section
811-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated
9criminal sexual abuse), Section 11-11 (sexual relations within
10families), Section 12-13 (criminal sexual assault), Section
1112-14 (aggravated criminal sexual assault), Section 12-14.1
12(predatory criminal sexual assault of a child), Section 12-15
13(criminal sexual abuse), or Section 12-16 (aggravated criminal
14sexual abuse) of the Criminal Code of 1961, or a similar
15statute in another jurisdiction, for his conduct in fathering
16that child.
17    (b) A person described in subsection (a) shall not be
18entitled to custody of or visitation with that child without
19the consent of the child's mother or guardian. If the person
20described in subsection (a) is also the guardian of the child,
21he does not have the authority to consent to visitation or
22custody under this Section. If the mother of the child is a
23minor, and the person described in subsection (a) is also the
24father or guardian of the mother, then he does not have the
25authority to consent to custody or visits.
26    (c) Notwithstanding any other provision of this Act,

 

 

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1nothing in this Section shall be construed to relieve the
2father described in subsection (a) of any support and
3maintenance obligations to the child under this Act.
4A person found to be the father of a child under this Act, and
5who has been convicted of or who has pled guilty to a violation
6of Section 11-11 (sexual relations within families), Section
711-1.20 or 12-13 (criminal sexual assault), Section 11-1.30 or
812-14 (aggravated criminal sexual assault), Section 11-1.40 or
912-14.1 (predatory criminal sexual assault of a child), Section
1011-1.50 or 12-15 (criminal sexual abuse), or Section 11-1.60 or
1112-16 (aggravated criminal sexual abuse) of the Criminal Code
12of 1961 for his conduct in fathering that child, shall not be
13entitled to custody of or visitation with that child without
14the consent of the mother or guardian, other than the father of
15the child who has been convicted of or pled guilty to one of
16the offenses listed in this Section, or, in cases where the
17mother is a minor, the guardian of the mother of the child.
18Notwithstanding any other provision of this Act, nothing in
19this Section shall be construed to relieve the father of any
20support and maintenance obligations to the child under this
21Act.
22(Source: P.A. 96-1551, eff. 7-1-11.)
 
23    Section 95. No acceleration or delay. Where this Act makes
24changes in a statute that is represented in this Act by text
25that is not yet or no longer in effect (for example, a Section

 

 

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1represented by multiple versions), the use of that text does
2not accelerate or delay the taking effect of (i) the changes
3made by this Act or (ii) provisions derived from any other
4Public Act.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.