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91_HB0377
LRB9100081SMdvA
1 AN ACT regarding representation of a child, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 506 as follows:
7 (750 ILCS 5/506) (from Ch. 40, par. 506)
8 Sec. 506. Representation of child.
9 (a) Duties. In any proceedings involving the support,
10 custody, visitation, education, parentage, property interest,
11 or general welfare of a minor or dependent child, the court
12 may, on its own motion or that of any party, and subject to
13 the terms or specifications the court determines, appoint an
14 attorney to serve in one of the following capacities:
15 (1) as an attorney to represent the child;
16 (2) as a guardian ad litem to address issues the
17 court delineates;
18 (3) as a child's representative whose duty shall be
19 to advocate what the representative finds to be in the
20 best interests of the child after reviewing the facts and
21 circumstances of the case. The child's representative
22 shall have the same power and authority to take part in
23 the conduct of the litigation as does an attorney for a
24 party and shall possess all the powers of investigation
25 and recommendation as does a guardian ad litem. The
26 child's representative shall consider, but not be bound
27 by, the expressed wishes of the child. A child's
28 representative shall have received training in child
29 advocacy or shall possess such experience as determined
30 to be equivalent to such training by the chief judge of
31 the circuit where the child's representative has been
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1 appointed. The child's representative shall not disclose
2 confidential communications made by the child, except as
3 required by law or by the Rules of Professional Conduct.
4 The child's representative shall not be called as a
5 witness regarding the issues set forth in this
6 subsection.
7 During the proceedings the court may appoint an
8 additional attorney to serve in another of the capacities
9 described in subdivisions (a)(1), (a)(2), or (a)(3) on its
10 own motion or that of a party only for good cause shown and
11 when the reasons for the additional appointment are set forth
12 in specific findings.
13 (b) Fees and costs. The court shall enter an order as
14 appropriate for costs, fees, and disbursements, including a
15 retainer, when the attorney, guardian ad litem, or child's
16 representative is appointed, and thereafter as necessary.
17 Such orders shall require payment by either or both parents,
18 by any other party or source, or from the marital estate or
19 the child's separate estate. Unless otherwise ordered by the
20 court at the time fees and costs are approved, all fees and
21 costs payable to an attorney, guardian ad litem, or child's
22 representative under this Section are by implication deemed
23 to be in the nature of support of the child and are within
24 the exceptions to discharge in bankruptcy under 11 U.S.C.A.
25 523. The provisions of Sections 501 and 508 of this Act
26 shall apply to fees and costs for attorneys appointed under
27 this Section.
28 The court may appoint an attorney to represent the best
29 interests of a minor or dependent child with respect to his
30 support, custody, visitation, and property. The court may
31 also appoint an attorney as the guardian-ad-litem for the
32 child. The court shall enter an order for costs, fees and
33 disbursements in favor of the child's attorney and
34 guardian-ad-litem, as the case may be. The order shall be
-3- LRB9100081SMdvA
1 made against either or both parents or any adult party, or
2 against the child's separate estate.
3 (Source: P.A. 89-364, eff. 8-18-95; 90-309, eff. 1-1-98.)
4 Section 10. The Illinois Parentage Act of 1984 is
5 amended by changing Section 18 as follows:
6 (750 ILCS 45/18) (from Ch. 40, par. 2518)
7 Sec. 18. Right to Counsel; Free Transcript on Appeal.
8 (a) Any party may be represented by counsel at all
9 proceedings under this Act.
10 (a-5) In any proceedings involving the support, custody,
11 visitation, education, parentage, property interest, or
12 general welfare of a minor or dependent child, the court may,
13 on its own motion or that of any party, and subject to the
14 terms or specifications the court determines, appoint an
15 attorney to serve in one of the following capacities:
16 (1) as an attorney to represent the child;
17 (2) as a guardian ad litem to address issues the
18 court delineates;
19 (3) as a child's representative whose duty shall be
20 to advocate what the representative finds to be in the
21 best interests of the child after reviewing the facts and
22 circumstances of the case. The child's representative
23 shall have the same power and authority to take part in
24 the conduct of the litigation as does an attorney for a
25 party and shall possess all the powers of investigation
26 and recommendation as does a guardian ad litem. The
27 child's representative shall consider, but not be bound
28 by, the expressed wishes of the child. A child's
29 representative shall have received training in child
30 advocacy or shall possess such experience as determined
31 to be equivalent to such training by the chief judge of
32 the circuit where the child's representative has been
-4- LRB9100081SMdvA
1 appointed. The child's representative shall not disclose
2 confidential communications made by the child, except as
3 required by law or by the Rules of Professional Conduct.
4 The child's representative shall not be called as a
5 witness regarding the issues set forth in this
6 subsection.
7 During the proceedings the court may appoint an
8 additional attorney to serve in another of the capacities
9 described in subdivisions (1), (2), or (3) of the preceding
10 paragraph on its own motion or that of a party only for good
11 cause shown and when the reasons for the additional
12 appointment are set forth in specific findings.
13 The court shall enter an order as appropriate for costs,
14 fees, and disbursements, including a retainer, when the
15 attorney, guardian ad litem, or child's representative is
16 appointed, and thereafter as necessary. Such orders shall
17 require payment by either or both parents, by any other party
18 or source, or from the marital estate or the child's separate
19 estate. Unless otherwise ordered by the court at the time
20 fees and costs are approved, all fees and costs payable to an
21 attorney, guardian ad litem, or child's representative under
22 this Section are by implication deemed to be in the nature of
23 support of the child and are within the exceptions to
24 discharge in bankruptcy under 11 U.S.C.A. 523. The
25 provisions of Sections 501 and 508 of this Act shall apply to
26 fees and costs for attorneys appointed under this Section. In
27 the best interests of the child, the court may appoint
28 counsel to represent a child whose parentage is at issue.
29 (b) Upon the request of a mother or child seeking to
30 establish the existence of a father and child relationship,
31 the State's Attorney shall represent the mother or child in
32 the trial court. If the child is an applicant for or a
33 recipient of assistance as defined in Section 2-6 of "The
34 Illinois Public Aid Code", approved April 11, 1967, as
-5- LRB9100081SMdvA
1 amended, or has applied to the Illinois Department of Public
2 Aid for services under Article X of such Code, the Department
3 may file a complaint in the child's behalf under this Act.
4 The Department shall refer the complaint to the Public Aid
5 Claims Enforcement Division of the Office of the Attorney
6 General as provided in Section 12-16 of "The Illinois Public
7 Aid Code" for enforcement by the Attorney General. Legal
8 representation by the State's Attorney or the Attorney
9 General shall be limited to the establishment and enforcement
10 of an order for support, and shall not extend to visitation,
11 custody, property or other matters. If visitation, custody,
12 property or other matters are raised by a party and
13 considered by the court in any proceeding under this Act, the
14 court shall provide a continuance sufficient to enable the
15 mother or child to obtain representation for such matters.
16 (c) The Court may appoint counsel to represent any
17 indigent defendant in the trial court, except that this
18 representation shall be limited to the establishment of a
19 parent and child relationship and an order for support, and
20 shall not extend to visitation, custody, property,
21 enforcement of an order for support, or other matters. If
22 visitation, custody, property or other matters are raised by
23 a party and considered by the court in any proceeding under
24 this Act, the court shall provide a continuance sufficient to
25 enable the defendant to obtain representation for such
26 matters.
27 (d) The court shall furnish on request of any indigent
28 party a transcript for purposes of appeal.
29 (Source: P.A. 90-23, eff. 1-1-98.)