Full Text of SB0399 101st General Assembly
SB0399enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Uniform Child-Custody Jurisdiction and | 5 | | Enforcement Act is amended by changing Section 209 as follows:
| 6 | | (750 ILCS 36/209)
| 7 | | Sec. 209. Information To Be Submitted To Court.
| 8 | | (a) Subject to any other law providing for the | 9 | | confidentiality of
procedures, addresses, and other | 10 | | identifying information, in a child-custody
proceeding,
each
| 11 | | party, in its first pleading or in an attached affidavit, shall | 12 | | give
information, if
reasonably ascertainable, under oath as to | 13 | | the child's present address or
whereabouts, the places where | 14 | | the child has lived during the last five years,
and the
names | 15 | | and present addresses of the persons with whom the child has | 16 | | lived during
that period. The pleading or affidavit must state | 17 | | whether the party:
| 18 | | (1) has participated, as a party or witness or in any | 19 | | other capacity, in
any other proceeding concerning the | 20 | | custody of or visitation with the child
and, if so,
| 21 | | identify the court, the case number, and the date of the | 22 | | child-custody
determination,
if any;
| 23 | | (2) knows of any proceeding that could affect the |
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| 1 | | current proceeding,
including proceedings for enforcement | 2 | | and proceedings relating to domestic
violence, protective | 3 | | orders, termination of parental rights, and adoptions and,
| 4 | | if so,
identify the court, the case number, and the nature | 5 | | of the proceeding; and
| 6 | | (3) knows the names and addresses of any person not a | 7 | | party to the
proceeding who has physical custody of the | 8 | | child or claims rights of legal
custody
or physical custody | 9 | | of, or visitation with, the child and, if so, the names and
| 10 | | addresses of those persons.
| 11 | | (b) If the information required by subsection (a) is not | 12 | | furnished, the
court,
upon motion of a party or its own motion, | 13 | | may stay the proceeding until the
information is furnished.
| 14 | | (c) If the declaration as to any of the items described in | 15 | | subsection (a)(1)
through (3) is in the affirmative, the | 16 | | declarant shall give additional
information
under oath as | 17 | | required by the court. The court may examine the parties under
| 18 | | oath
as to details of the information furnished and other | 19 | | matters pertinent to the
court's
jurisdiction and the | 20 | | disposition of the case.
| 21 | | (d) Each party has a continuing duty to inform the court of | 22 | | any proceeding
in this or any other state that could affect the | 23 | | current proceeding.
| 24 | | (e) (Blank).
| 25 | | (f) If a party states in the pleading or the affidavit that | 26 | | disclosure of an address would risk abuse or harm to the party |
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| 1 | | or a family member, the address may be omitted from documents | 2 | | filed with the court. A party is not required to include in the | 3 | | pleading or affidavit a domestic violence safe house address or | 4 | | an address changed as a result of a protective order. | 5 | | (Source: P.A. 93-108, eff. 1-1-04.)
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