Rep. Michael J. Zalewski

Filed: 3/30/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3005

2    AMENDMENT NO. ______. Amend House Bill 3005 by replacing
3the title with the following:
4    "AN ACT concerning parentage."; and
 
5by replacing everything after the enacting clause with the
6following:
 
7    "Section 5. The Juvenile Court Act of 1987 is amended by
8changing Sections 1-3 and 6-9 as follows:
 
9    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
10    Sec. 1-3. Definitions. Terms used in this Act, unless the
11context otherwise requires, have the following meanings
12ascribed to them:
13    (1) "Adjudicatory hearing" means a hearing to determine
14whether the allegations of a petition under Section 2-13, 3-15
15or 4-12 that a minor under 18 years of age is abused, neglected

 

 

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1or dependent, or requires authoritative intervention, or
2addicted, respectively, are supported by a preponderance of the
3evidence or whether the allegations of a petition under Section
45-520 that a minor is delinquent are proved beyond a reasonable
5doubt.
6    (2) "Adult" means a person 21 years of age or older.
7    (3) "Agency" means a public or private child care facility
8legally authorized or licensed by this State for placement or
9institutional care or for both placement and institutional
10care.
11    (4) "Association" means any organization, public or
12private, engaged in welfare functions which include services to
13or on behalf of children but does not include "agency" as
14herein defined.
15    (4.05) Whenever a "best interest" determination is
16required, the following factors shall be considered in the
17context of the child's age and developmental needs:
18        (a) the physical safety and welfare of the child,
19    including food, shelter, health, and clothing;
20        (b) the development of the child's identity;
21        (c) the child's background and ties, including
22    familial, cultural, and religious;
23        (d) the child's sense of attachments, including:
24            (i) where the child actually feels love,
25        attachment, and a sense of being valued (as opposed to
26        where adults believe the child should feel such love,

 

 

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1        attachment, and a sense of being valued);
2            (ii) the child's sense of security;
3            (iii) the child's sense of familiarity;
4            (iv) continuity of affection for the child;
5            (v) the least disruptive placement alternative for
6        the child;
7        (e) the child's wishes and long-term goals;
8        (f) the child's community ties, including church,
9    school, and friends;
10        (g) the child's need for permanence which includes the
11    child's need for stability and continuity of relationships
12    with parent figures and with siblings and other relatives;
13        (h) the uniqueness of every family and child;
14        (i) the risks attendant to entering and being in
15    substitute care; and
16        (j) the preferences of the persons available to care
17    for the child.
18    (4.1) "Chronic truant" shall have the definition ascribed
19to it in Section 26-2a of the School Code.
20    (5) "Court" means the circuit court in a session or
21division assigned to hear proceedings under this Act.
22    (6) "Dispositional hearing" means a hearing to determine
23whether a minor should be adjudged to be a ward of the court,
24and to determine what order of disposition should be made in
25respect to a minor adjudged to be a ward of the court.
26    (7) "Emancipated minor" means any minor 16 years of age or

 

 

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1over who has been completely or partially emancipated under the
2Emancipation of Minors Act or under this Act.
3    (8) "Guardianship of the person" of a minor means the duty
4and authority to act in the best interests of the minor,
5subject to residual parental rights and responsibilities, to
6make important decisions in matters having a permanent effect
7on the life and development of the minor and to be concerned
8with his or her general welfare. It includes but is not
9necessarily limited to:
10        (a) the authority to consent to marriage, to enlistment
11    in the armed forces of the United States, or to a major
12    medical, psychiatric, and surgical treatment; to represent
13    the minor in legal actions; and to make other decisions of
14    substantial legal significance concerning the minor;
15        (b) the authority and duty of reasonable visitation,
16    except to the extent that these have been limited in the
17    best interests of the minor by court order;
18        (c) the rights and responsibilities of legal custody
19    except where legal custody has been vested in another
20    person or agency; and
21        (d) the power to consent to the adoption of the minor,
22    but only if expressly conferred on the guardian in
23    accordance with Section 2-29, 3-30, or 4-27.
24    (9) "Legal custody" means the relationship created by an
25order of court in the best interests of the minor which imposes
26on the custodian the responsibility of physical possession of a

 

 

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1minor and the duty to protect, train and discipline him and to
2provide him with food, shelter, education and ordinary medical
3care, except as these are limited by residual parental rights
4and responsibilities and the rights and responsibilities of the
5guardian of the person, if any.
6    (9.1) "Mentally capable adult relative" means a person 21
7years of age or older who is not suffering from a mental
8illness that prevents him or her from providing the care
9necessary to safeguard the physical safety and welfare of a
10minor who is left in that person's care by the parent or
11parents or other person responsible for the minor's welfare.
12    (10) "Minor" means a person under the age of 21 years
13subject to this Act.
14    (11) "Parent" means the father or mother of a child and
15includes any adoptive parent. It also includes a man (i) whose
16paternity is presumed or has been established under the law of
17this or another jurisdiction or (ii) who has registered with
18the Putative Father Registry in accordance with Section 12.1 of
19the Adoption Act and whose paternity has not been ruled out
20under the law of this or another jurisdiction. It does not
21include a parent whose rights in respect to the minor have been
22terminated in any manner provided by law or a person who has
23been or could be determined to be a parent under the Illinois
24Parentage Act of 1984, or similar parentage law in any other
25state, who has:
26        (a) been convicted or pled nolo contendere to any crime

 

 

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1    that resulted in the conception of the child, including,
2    but not limited to, Sections 11-11, 12-13, 12-14, 12-14.1,
3    12-15(a), 12-15(b), and 12-16 of the Criminal Code of 1961
4    or a similar statute in another jurisdiction; or
5        (b) is currently charged with any of the offenses
6    listed in subsection (a) of this item (11) or similar
7    offenses in Illinois or another jurisdiction and the court
8    finds, by clear and convincing evidence, that the acts
9    occurred and those acts resulted in the conception of the
10    child.
11    (11.1) "Permanency goal" means a goal set by the court as
12defined in subdivision (2) of Section 2-28.
13    (11.2) "Permanency hearing" means a hearing to set the
14permanency goal and to review and determine (i) the
15appropriateness of the services contained in the plan and
16whether those services have been provided, (ii) whether
17reasonable efforts have been made by all the parties to the
18service plan to achieve the goal, and (iii) whether the plan
19and goal have been achieved.
20    (12) "Petition" means the petition provided for in Section
212-13, 3-15, 4-12 or 5-520, including any supplemental petitions
22thereunder in Section 3-15, 4-12 or 5-520.
23    (12.1) "Physically capable adult relative" means a person
2421 years of age or older who does not have a severe physical
25disability or medical condition, or is not suffering from
26alcoholism or drug addiction, that prevents him or her from

 

 

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1providing the care necessary to safeguard the physical safety
2and welfare of a minor who is left in that person's care by the
3parent or parents or other person responsible for the minor's
4welfare.
5    (13) "Residual parental rights and responsibilities" means
6those rights and responsibilities remaining with the parent
7after the transfer of legal custody or guardianship of the
8person, including, but not necessarily limited to, the right to
9reasonable visitation (which may be limited by the court in the
10best interests of the minor as provided in subsection (8)(b) of
11this Section), the right to consent to adoption, the right to
12determine the minor's religious affiliation, and the
13responsibility for his support.
14    (14) "Shelter" means the temporary care of a minor in
15physically unrestricting facilities pending court disposition
16or execution of court order for placement.
17    (15) "Station adjustment" means the informal handling of an
18alleged offender by a juvenile police officer.
19    (16) "Ward of the court" means a minor who is so adjudged
20under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
21requisite jurisdictional facts, and thus is subject to the
22dispositional powers of the court under this Act.
23    (17) "Juvenile police officer" means a sworn police officer
24who has completed a Basic Recruit Training Course, has been
25assigned to the position of juvenile police officer by his or
26her chief law enforcement officer and has completed the

 

 

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1necessary juvenile officers training as prescribed by the
2Illinois Law Enforcement Training Standards Board, or in the
3case of a State police officer, juvenile officer training
4approved by the Director of the Department of State Police.
5    (18) "Secure child care facility" means any child care
6facility licensed by the Department of Children and Family
7Services to provide secure living arrangements for children
8under 18 years of age who are subject to placement in
9facilities under the Children and Family Services Act and who
10are not subject to placement in facilities for whom standards
11are established by the Department of Corrections under Section
123-15-2 of the Unified Code of Corrections. "Secure child care
13facility" also means a facility that is designed and operated
14to ensure that all entrances and exits from the facility, a
15building, or a distinct part of the building are under the
16exclusive control of the staff of the facility, whether or not
17the child has the freedom of movement within the perimeter of
18the facility, building, or distinct part of the building.
19(Source: P.A. 95-331, eff. 8-21-07; 96-168, eff. 8-10-09.)
 
20    (705 ILCS 405/6-9)  (from Ch. 37, par. 806-9)
21    Sec. 6-9. Enforcement of liability of parents and others.
22    (1) If parentage is at issue in any proceeding under this
23Act, other than cases involving those exceptions to the
24definition of parent set out in item (11) in Section 1-3, then
25the Illinois Parentage Act of 1984 shall apply and the court

 

 

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1shall enter orders consistent with that Act. If it appears at
2any hearing that a parent or any other person named in the
3petition, liable under the law for the support of the minor, is
4able to contribute to his or her support, the court shall enter
5an order requiring that parent or other person to pay the clerk
6of the court, or to the guardian or custodian appointed under
7Sections 2-27, 3-28, 4-25 or 5-740, a reasonable sum from time
8to time for the care, support and necessary special care or
9treatment, of the minor. If the court determines at any hearing
10that a parent or any other person named in the petition, liable
11under the law for the support of the minor, is able to
12contribute to help defray the costs associated with the minor's
13detention in a county or regional detention center, the court
14shall enter an order requiring that parent or other person to
15pay the clerk of the court a reasonable sum for the care and
16support of the minor. The court may require reasonable security
17for the payments. Upon failure to pay, the court may enforce
18obedience to the order by a proceeding as for contempt of
19court.
20    If it appears that the person liable for the support of the
21minor is able to contribute to legal fees for representation of
22the minor, the court shall enter an order requiring that person
23to pay a reasonable sum for the representation, to the attorney
24providing the representation or to the clerk of the court for
25deposit in the appropriate account or fund. The sum may be paid
26as the court directs, and the payment thereof secured and

 

 

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1enforced as provided in this Section for support.
2    If it appears at the detention or shelter care hearing of a
3minor before the court under Section 5-501 that a parent or any
4other person liable for support of the minor is able to
5contribute to his or her support, that parent or other person
6shall be required to pay a fee for room and board at a rate not
7to exceed $10 per day established, with the concurrence of the
8chief judge of the judicial circuit, by the county board of the
9county in which the minor is detained unless the court
10determines that it is in the best interest and welfare of the
11minor to waive the fee. The concurrence of the chief judge
12shall be in the form of an administrative order. Each week, on
13a day designated by the clerk of the circuit court, that parent
14or other person shall pay the clerk for the minor's room and
15board. All fees for room and board collected by the circuit
16court clerk shall be disbursed into the separate county fund
17under Section 6-7.
18    Upon application, the court shall waive liability for
19support or legal fees under this Section if the parent or other
20person establishes that he or she is indigent and unable to pay
21the incurred liability, and the court may reduce or waive
22liability if the parent or other person establishes
23circumstances showing that full payment of support or legal
24fees would result in financial hardship to the person or his or
25her family.
26    (2) When a person so ordered to pay for the care and

 

 

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1support of a minor is employed for wages, salary or commission,
2the court may order him to make the support payments for which
3he is liable under this Act out of his wages, salary or
4commission and to assign so much thereof as will pay the
5support. The court may also order him to make discovery to the
6court as to his place of employment and the amounts earned by
7him. Upon his failure to obey the orders of court he may be
8punished as for contempt of court.
9    (3) If the minor is a recipient of public aid under the
10Illinois Public Aid Code, the court shall order that payments
11made by a parent or through assignment of his wages, salary or
12commission be made directly to (a) the Department of Healthcare
13and Family Services if the minor is a recipient of aid under
14Article V of the Code, (b) the Department of Human Services if
15the minor is a recipient of aid under Article IV of the Code,
16or (c) the local governmental unit responsible for the support
17of the minor if he is a recipient under Articles VI or VII of
18the Code. The order shall permit the Department of Healthcare
19and Family Services, the Department of Human Services, or the
20local governmental unit, as the case may be, to direct that
21subsequent payments be made directly to the guardian or
22custodian of the minor, or to some other person or agency in
23the minor's behalf, upon removal of the minor from the public
24aid rolls; and upon such direction and removal of the minor
25from the public aid rolls, the Department of Healthcare and
26Family Services, Department of Human Services, or local

 

 

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1governmental unit, as the case requires, shall give written
2notice of such action to the court. Payments received by the
3Department of Healthcare and Family Services, Department of
4Human Services, or local governmental unit are to be covered,
5respectively, into the General Revenue Fund of the State
6Treasury or General Assistance Fund of the governmental unit,
7as provided in Section 10-19 of the Illinois Public Aid Code.
8(Source: P.A. 95-331, eff. 8-21-07.)
 
9    Section 10. The Illinois Parentage Act of 1984 is amended
10by changing Section 6.5 as follows:
 
11    (750 ILCS 45/6.5)
12    Sec. 6.5. Custody or visitation by sex offender prohibited.
13A person found to be the father of a child under this Act, and
14who has:
15        (1) been convicted of or who has pled guilty or nolo
16    contendre to a violation of Section 11-11 (sexual relations
17    within families), Section 12-13 (criminal sexual assault),
18    Section 12-14 (aggravated criminal sexual assault),
19    Section 12-14.1 (predatory criminal sexual assault of a
20    child), Section 12-15 (criminal sexual abuse), or Section
21    12-16 (aggravated criminal sexual abuse) of the Criminal
22    Code of 1961 or a similar statute in Illinois or another
23    jurisdiction for his conduct in fathering that child, or
24        (2) is currently charged with any offense listed in

 

 

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1    item (1) or similar offense in Illinois or another
2    jurisdiction and the court finds by clear and convincing
3    evidence that the acts occurred and those acts resulted in
4    the conception of that child,
5shall not be entitled to custody of or visitation with that
6child without the consent of the mother or guardian, unless the
7guardian of the child is other than the father of the child who
8has been convicted of or pled guilty or nolo contendre to one
9of the offenses listed in this Section, or, in cases where the
10mother is a minor, the guardian of the mother of the child,
11unless the guardian of the mother is the father of the child
12who has been convicted or pled guilty or nolo contendre to one
13of the offenses listed in this Section. Notwithstanding any
14other provision of this Act, nothing in this Section shall be
15construed to relieve the father of any support and maintenance
16obligations to the child under this Act.
17(Source: P.A. 94-928, eff. 6-26-06.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".