97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5629

 

Introduced 2/15/2012, by Rep. Dwight Kay - Kay Hatcher

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/602.5 new

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that the parent of a child who has been diagnosed with mental or physical developmental disabilities shall communicate to the other parent in writing any major decision regarding the minor child's education or medical, dental, or psychological treatment. Provides that the other parent shall in a timely manner agree or object to the decision. Provides that a parent may not unreasonably withhold approval of the other parent's decision. Provides that objections that are not resolved must be submitted to mediation and, if that does not succeed, the matter shall be resolved by the court. Provides that if the court finds that the objecting parent unreasonably withheld agreement, the objecting parent shall be ordered to pay the mediation fees and the other parent's attorney's fees.


LRB097 18449 AJO 63677 b

 

 

A BILL FOR

 

HB5629LRB097 18449 AJO 63677 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 adding Section 602.5 as follows:
 
6    (750 ILCS 5/602.5 new)
7    Sec. 602.5. Mental or physical developmental disability of
8a minor child.
9    (a) The parent of a minor child who has been diagnosed with
10mental or physical developmental disabilities shall
11communicate to the other parent in writing any major decision
12regarding the minor child's education or medical, dental, or
13psychological treatment. The parent receiving the
14communication must acknowledge receipt of the communication
15within 7 days after receipt. Within 14 days after receipt, the
16parent receiving the communication must communicate to the
17other parent his or her agreement with or objection to the
18decision regarding the child's education or medical, dental, or
19psychological treatment.
20    (b) A parent may not unreasonably withhold approval of the
21other parent's decision regarding the child's education or
22medical, dental, or psychological treatment.
23    (c) If there is an objection and the parties do not come to

 

 

HB5629- 2 -LRB097 18449 AJO 63677 b

1an agreement, the issue must be submitted to mediation within
214 days after the parent receives the objection from the other
3parent.
4    (d) If no agreement is reached in mediation, the objecting
5parent must submit the issue to the court within 7 days after
6the final mediation session. If the issue must be determined by
7the court and the court finds that the approval of the
8objecting parent was unreasonably withheld, the court shall
9order the objecting parent to pay the mediation fees and the
10attorney's fees of the other parent.