Illinois General Assembly - Full Text of HB4232
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Full Text of HB4232  102nd General Assembly

HB4232 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4232

 

Introduced 1/5/2022, by Rep. Mark Batinick

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/602.9

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, in determining whether to grant visitation to a non-parent, the court shall consider whether denying visitation will result in the loss of knowledge of genetic history or health information necessary for future preventive health care measures of the child. Allows a grandparent, great-grandparent, step-parent, or sibling of a minor child to bring a petition for visitation and electronic communication if there is an unreasonable denial of visitation by a parent that causes undue mental, physical, or emotional harm to the child and if a parent of the child is a threat to the physical, mental, or emotional safety of either of the parents or the child.


LRB102 21921 LNS 31044 b

 

 

A BILL FOR

 

HB4232LRB102 21921 LNS 31044 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 changing Section 602.9 as follows:
 
6    (750 ILCS 5/602.9)
7    Sec. 602.9. Visitation by certain non-parents.
8    (a) As used in this Section:
9        (1) "electronic communication" means time that a
10    grandparent, great-grandparent, sibling, or step-parent
11    spends with a child during which the child is not in the
12    person's actual physical custody, but which is facilitated
13    by the use of communication tools such as the telephone,
14    electronic mail, instant messaging, video conferencing or
15    other wired or wireless technologies via the Internet, or
16    another medium of communication;
17        (2) "sibling" means a brother or sister either of the
18    whole blood or the half blood, stepbrother, or stepsister
19    of the minor child;
20        (3) "step-parent" means a person married to a child's
21    parent, including a person married to the child's parent
22    immediately prior to the parent's death; and
23        (4) "visitation" means in-person time spent between a

 

 

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1    child and the child's grandparent, great-grandparent,
2    sibling, step-parent, or any person designated under
3    subsection (d) of Section 602.7. In appropriate
4    circumstances, visitation may include electronic
5    communication under conditions and at times determined by
6    the court.
7    (b) General provisions.
8        (1) An appropriate person, as identified in subsection
9    (c) of this Section, may bring an action in circuit court
10    by petition, or by filing a petition in a pending
11    dissolution proceeding or any other proceeding that
12    involves parental responsibilities or visitation issues
13    regarding the child, requesting visitation with the child
14    pursuant to this Section. If there is not a pending
15    proceeding involving parental responsibilities or
16    visitation with the child, the petition for visitation
17    with the child must be filed in the county in which the
18    child resides. Notice of the petition shall be given as
19    provided in subsection (c) of Section 601.2 of this Act.
20        (2) This Section does not apply to a child:
21            (A) in whose interests a petition is pending under
22        Section 2-13 of the Juvenile Court Act of 1987; or
23            (B) in whose interests a petition to adopt by an
24        unrelated person is pending under the Adoption Act; or
25            (C) who has been voluntarily surrendered by the
26        parent or parents, except for a surrender to the

 

 

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1        Department of Children and Family Services or a foster
2        care facility; or
3            (D) who has been previously adopted by an
4        individual or individuals who are not related to the
5        biological parents of the child or who is the subject
6        of a pending adoption petition by an individual or
7        individuals who are not related to the biological
8        parents of the child; or
9            (E) who has been relinquished pursuant to the
10        Abandoned Newborn Infant Protection Act.
11        (3) A petition for visitation may be filed under this
12    Section only if there has been an unreasonable denial of
13    visitation by a parent and the denial has caused the child
14    undue mental, physical, or emotional harm.
15        (4) There is a rebuttable presumption that a fit
16    parent's actions and decisions regarding grandparent,
17    great-grandparent, sibling, or step-parent visitation are
18    not harmful to the child's mental, physical, or emotional
19    health. The burden is on the party filing a petition under
20    this Section to prove that the parent's actions and
21    decisions regarding visitation will cause undue harm to
22    the child's mental, physical, or emotional health.
23        (5) In determining whether to grant visitation, the
24    court shall consider the following:
25            (A) the wishes of the child, taking into account
26        the child's maturity and ability to express reasoned

 

 

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1        and independent preferences as to visitation;
2            (B) the mental and physical health of the child;
3            (C) the mental and physical health of the
4        grandparent, great-grandparent, sibling, or
5        step-parent;
6            (D) the length and quality of the prior
7        relationship between the child and the grandparent,
8        great-grandparent, sibling, or step-parent;
9            (E) the good faith of the party in filing the
10        petition;
11            (F) the good faith of the person denying
12        visitation;
13            (G) the quantity of the visitation time requested
14        and the potential adverse impact that visitation would
15        have on the child's customary activities;
16            (H) any other fact that establishes that the loss
17        of the relationship between the petitioner and the
18        child is likely to unduly harm the child's mental,
19        physical, or emotional health; and
20            (I) whether visitation can be structured in a way
21        to minimize the child's exposure to conflicts between
22        the adults; and
23            (J) whether denial of visitation will result in
24        the loss of knowledge of genetic history or health
25        information necessary for future preventive health
26        care measures of the child.

 

 

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1        (6) Any visitation rights granted under this Section
2    before the filing of a petition for adoption of the child
3    shall automatically terminate by operation of law upon the
4    entry of an order terminating parental rights or granting
5    the adoption of the child, whichever is earlier. If the
6    person or persons who adopted the child are related to the
7    child, as defined by Section 1 of the Adoption Act, any
8    person who was related to the child as grandparent,
9    great-grandparent, or sibling prior to the adoption shall
10    have standing to bring an action under this Section
11    requesting visitation with the child.
12        (7) The court may order visitation rights for the
13    grandparent, great-grandparent, sibling, or step-parent
14    that include reasonable access without requiring overnight
15    or possessory visitation.
16    (c) Visitation by grandparents, great-grandparents,
17step-parents, and siblings.
18        (1) Grandparents, great-grandparents, step-parents,
19    and siblings of a minor child who is one year old or older
20    may bring a petition for visitation and electronic
21    communication under this Section if there is an
22    unreasonable denial of visitation by a parent that causes
23    undue mental, physical, or emotional harm to the child and
24    if at least one of the following conditions exists:
25            (A) the child's other parent is deceased or has
26        been missing for at least 90 days. For the purposes of

 

 

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1        this subsection a parent is considered to be missing
2        if the parent's location has not been determined and
3        the parent has been reported as missing to a law
4        enforcement agency; or
5            (B) a parent of the child is incompetent as a
6        matter of law; or
7            (C) a parent has been incarcerated in jail or
8        prison for a period in excess of 90 days immediately
9        prior to the filing of the petition; or
10            (D) the child's parents have been granted a
11        dissolution of marriage or have been legally separated
12        from each other or there is pending a dissolution
13        proceeding involving a parent of the child or another
14        court proceeding involving parental responsibilities
15        or visitation of the child (other than an adoption
16        proceeding of an unrelated child, a proceeding under
17        Article II of the Juvenile Court Act of 1987, or an
18        action for an order of protection under the Illinois
19        Domestic Violence Act of 1986 or Article 112A of the
20        Code of Criminal Procedure of 1963) and at least one
21        parent does not object to the grandparent,
22        great-grandparent, step-parent, or sibling having
23        visitation with the child. The visitation of the
24        grandparent, great-grandparent, step-parent, or
25        sibling must not diminish the parenting time of the
26        parent who is not related to the grandparent,

 

 

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1        great-grandparent, step-parent, or sibling seeking
2        visitation; or
3            (E) (i) the child is born to parents who are not
4        married to each other; (ii) the parents are not living
5        together; (iii) the petitioner is a grandparent,
6        great-grandparent, step-parent, or sibling of the
7        child; and (iv) the parent-child relationship has been
8        legally established. For purposes of this subdivision
9        (E), if the petitioner is a grandparent or
10        great-grandparent, the parent-child relationship need
11        be legally established only with respect to the parent
12        who is related to the grandparent or
13        great-grandparent. For purposes of this subdivision
14        (E), if the petitioner is a step-parent, the
15        parent-child relationship need be legally established
16        only with respect to the parent who is married to the
17        petitioner or was married to the petitioner
18        immediately before the parent's death; or
19            (F) a parent of the child is a threat to the
20        physical, mental, or emotional safety of either of the
21        parents or the child.
22        (2) In addition to the factors set forth in
23    subdivision (b)(5) of this Section, the court should
24    consider:
25            (A) whether the child resided with the petitioner
26        for at least 6 consecutive months with or without a

 

 

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1        parent present;
2            (B) whether the child had frequent and regular
3        contact or visitation with the petitioner for at least
4        12 consecutive months; and
5            (C) whether the grandparent, great-grandparent,
6        sibling, or step-parent was a primary caretaker of the
7        child for a period of not less than 6 consecutive
8        months within the 24-month period immediately
9        preceding the commencement of the proceeding.
10        (3) An order granting visitation privileges under this
11    Section is subject to subsections (c) and (d) of Section
12    603.10.
13        (4) A petition for visitation privileges may not be
14    filed pursuant to this subsection (c) by the parents or
15    grandparents of a parent of the child if parentage between
16    the child and the related parent has not been legally
17    established.
18    (d) Modification of visitation orders.
19        (1) Unless by stipulation of the parties, no motion to
20    modify a grandparent, great-grandparent, sibling, or
21    step-parent visitation order may be made earlier than 2
22    years after the date the order was filed, unless the court
23    permits it to be made on the basis of affidavits that there
24    is reason to believe the child's present environment may
25    endanger seriously the child's mental, physical, or
26    emotional health.

 

 

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1        (2) The court shall not modify an order that grants
2    visitation to a grandparent, great-grandparent, sibling,
3    or step-parent unless it finds by clear and convincing
4    evidence, upon the basis of facts that have arisen since
5    the prior visitation order or that were unknown to the
6    court at the time of entry of the prior visitation order,
7    that a change has occurred in the circumstances of the
8    child or his or her parent, and that the modification is
9    necessary to protect the mental, physical, or emotional
10    health of the child. The court shall state in its decision
11    specific findings of fact in support of its modification
12    or termination of the grandparent, great-grandparent,
13    sibling, or step-parent visitation. A child's parent may
14    always petition to modify visitation upon changed
15    circumstances when necessary to promote the child's best
16    interests.
17        (3) Notice of a motion requesting modification of a
18    visitation order shall be provided as set forth in
19    subsection (c) of Section 601.2 of this Act.
20        (4) Attorney's fees and costs shall be assessed
21    against a party seeking modification of the visitation
22    order if the court finds that the modification action is
23    vexatious and constitutes harassment.
24    (e) No child's grandparent, great-grandparent, sibling, or
25step-parent, or any person to whom the court is considering
26granting visitation privileges pursuant to subsection (d) of

 

 

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1Section 602.7, who was convicted of any offense involving an
2illegal sex act perpetrated upon a victim less than 18 years of
3age including, but not limited to, offenses for violations of
4Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70,
5or Article 12 of the Criminal Code of 1961 or the Criminal Code
6of 2012, is entitled to visitation while incarcerated or while
7on parole, probation, conditional discharge, periodic
8imprisonment, or mandatory supervised release for that
9offense, and upon discharge from incarceration for a
10misdemeanor offense or upon discharge from parole, probation,
11conditional discharge, periodic imprisonment, or mandatory
12supervised release for a felony offense. Visitation shall be
13denied until the person successfully completes a treatment
14program approved by the court. Upon completion of treatment,
15the court may deny visitation based on the factors listed in
16subdivision (b)(5) of this Section.
17    (f) No child's grandparent, great-grandparent, sibling, or
18step-parent, or any person to whom the court is considering
19granting visitation privileges pursuant to subsection (d) of
20Section 602.7, may be granted visitation if he or she has been
21convicted of first degree murder of a parent, grandparent,
22great-grandparent, or sibling of the child who is the subject
23of the visitation request. Pursuant to a motion to modify
24visitation, the court shall revoke visitation rights
25previously granted to any person who would otherwise be
26entitled to petition for visitation rights under this Section

 

 

HB4232- 11 -LRB102 21921 LNS 31044 b

1or granted visitation under subsection (d) of Section 602.7,
2if the person has been convicted of first degree murder of a
3parent, grandparent, great-grandparent, or sibling of the
4child who is the subject of the visitation order. Until an
5order is entered pursuant to this subsection, no person may
6visit, with the child present, a person who has been convicted
7of first degree murder of the parent, grandparent,
8great-grandparent, or sibling of the child without the consent
9of the child's parent, other than a parent convicted of first
10degree murder as set forth herein, or legal guardian.
11(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17;
12100-706, eff. 1-1-19.)