Illinois General Assembly - Full Text of HB4309
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Full Text of HB4309  100th General Assembly


Rep. Sara Wojcicki Jimenez

Filed: 4/4/2018





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2    AMENDMENT NO. ______. Amend House Bill 4309 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title; references to Act.
5    (a) Short title. This Act may be cited as the Frail Elderly
6Individual Family Visitation Protection Act.
7    (b) References to Act. This Act may be referred to as the
8Kasem/Baksys Visitation Law.
9    Section 5. Definitions. As used in this Act:
10    "Family caregiver" means an adult family member who is a
11provider of in-home care to a frail elderly individual.
12    "Family member" means the spouse, adult child, adult
13grandchild, or other close relative of the frail elderly
15    "Frail elderly individual" means an adult over 60 years of
16age who is determined by a court to be functionally impaired



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1because the person: (i) is unable to perform at least 2
2activities of daily living without substantial human
3assistance, including verbal reminding, physical cueing, or
4supervision; or (ii) due to a cognitive or other mental
5impairment, requires substantial supervision because the
6person behaves in a manner that poses a serious health or
7safety hazard to the person or to another person.
8    "Petitioner" means the family member who files a verified
9petition for visitation under Section 10 of this Act.
10    Section 10. Visitation with frail elderly individuals.
11    (a) If a family caregiver unreasonably prevents a family
12member from visiting the frail elderly individual, the court,
13upon a verified petition by the family member, may order the
14family caregiver to permit such visitation as the court deems
15reasonable and appropriate under the circumstances.
16    (b) At the hearing on the verified petition for visitation,
17the court shall consider:
18        (1) the nature and extent of the frail elderly
19    individual's functional impairment;
20        (2) the frail elderly individual's previously
21    expressed preferences in regard to visitation with the
22    petitioner;
23        (3) the history of visitation between the frail elderly
24    individual and the petitioner;
25        (4) the opinions of any family members and the family



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1    caregiver with respect to visitation between the
2    petitioner and the frail elderly individual; and
3        (5) any other area of inquiry deemed appropriate by the
4    court under the circumstances.
5    (c) The court shall not allow visitation if the court finds
6that: (i) the frail elderly individual has capacity to evaluate
7and communicate decisions regarding visitation and expresses a
8desire to not have visitation with the petitioner; or (ii)
9visitation between the petitioner and the frail elderly
10individual is not in the best interests of the frail elderly
12    (d) Guardian ad litem for frail elderly individual.
13    (1) The court may appoint a guardian ad litem for the frail
14elderly individual if it determines such appointment to be in
15the frail elderly individual's best interests.
16    (2) The court shall appoint a guardian ad litem for the
17frail elderly individual if the frail elderly individual does
18not appear at the hearing or is unable to appear due to
20    (3) The court may award reasonable compensation to a
21guardian ad litem appointed under this Act. The petitioner
22shall pay the court-awarded compensation due to the guardian ad
23litem, except if the court grants the verified petition for
24visitation and finds that the family caregiver acted
25maliciously in denying visitation between the petitioner and
26the frail elderly individual, then the family caregiver shall



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1pay the court-awarded compensation due the guardian ad litem.
2    Section 15. Notice of hospitalization, change or
3residence, or death of frail elderly individual. If the court
4grants the petition of a family member for visitation in
5accordance with Section 10, the court may also order the family
6caregiver to use reasonable efforts to notify the petitioner of
7the frail elderly individual's hospitalization, admission to a
8healthcare facility, change in permanent residence, or death.
9    Section 20. Commencement of proceeding; notice.
10    (a) A proceeding under this Act shall be commenced in the
11court of the county in which the frail elderly individual
13    (b) The frail elderly individual and family caregiver shall
14be personally served with a copy of the verified petition for
15visitation and a summons not less than 14 days before the
16hearing. The form of the summons shall be in the manner
17prescribed by subsection (c) of Supreme Court Rule 101.
18    (c) The petitioner shall provide notice of the time, date,
19and place of the hearing by mail to any other family members
20not less than 14 days before the hearing. All other notices
21during the pendency of the proceeding shall be served in
22accordance with Supreme Court Rules 11 and 12.
23    Section 25. Applicability. This Act does not apply if: (i)



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1the frail elderly individual is a person under guardianship
2pursuant to Article XIa of the Probate Act of 1975; or (ii) the
3family caregiver is acting as agent under a power of attorney
4or acting at the direction of an agent under a power of
5attorney pursuant to the Illinois Power of Attorney Act.".