State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

91_HB0377enr

 
HB0377 Enrolled                               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
 
HB0377 Enrolled            -2-                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 (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. The court may not order  payment
20    by  the  Illinois  Department of Public Aid in cases in which
21    the Department is providing child and spouse support services
22    under Article X of the  Illinois  Public  Aid  Code.   Unless
23    otherwise ordered by the court at the time fees and costs are
24    approved, all fees and costs payable to an attorney, guardian
25    ad litem, or child's representative under this Section are by
26    implication  deemed  to  be  in  the nature of support of the
27    child  and  are  within  the  exceptions  to   discharge   in
28    bankruptcy under 11 U.S.C.A. 523.  The provisions of Sections
29    501  and  508  of  this Act shall apply to fees and costs for
30    attorneys appointed under this Section.
31        The court may appoint an attorney to represent  the  best
32    interests  of  a minor or dependent child with respect to his
33    support, custody, visitation, and property.   The  court  may
34    also  appoint  an  attorney  as the guardian-ad-litem for the
 
HB0377 Enrolled            -3-                LRB9100081SMdvA
 1    child.  The court shall enter an order for  costs,  fees  and
 2    disbursements   in   favor   of   the  child's  attorney  and
 3    guardian-ad-litem, as the case may be.  The  order  shall  be
 4    made  against  either  or both parents or any adult party, or
 5    against the child's separate estate.
 6    (Source: P.A. 89-364, eff. 8-18-95; 90-309, eff. 1-1-98.)

 7        Section 10.   The  Illinois  Parentage  Act  of  1984  is
 8    amended by changing Section 18 as follows:

 9        (750 ILCS 45/18) (from Ch. 40, par. 2518)
10        Sec. 18.  Right to Counsel; Free Transcript on Appeal.
11        (a)  Any  party  may  be  represented  by  counsel at all
12    proceedings under this Act.
13        (a-5)  In any proceedings involving the support, custody,
14    visitation,  education,  parentage,  property  interest,   or
15    general welfare of a minor or dependent child, the court may,
16    on  its  own  motion or that of any party, and subject to the
17    terms or specifications  the  court  determines,  appoint  an
18    attorney to serve in one of the following capacities:
19             (1)  as an attorney to represent the child;
20             (2)  as  a  guardian  ad litem to address issues the
21        court delineates;
22             (3)  as a child's representative whose duty shall be
23        to advocate what the representative finds to  be  in  the
24        best interests of the child after reviewing the facts and
25        circumstances  of  the  case.  The child's representative
26        shall have the same power and authority to take  part  in
27        the  conduct  of the litigation as does an attorney for a
28        party and shall possess all the powers  of  investigation
29        and  recommendation  as  does  a  guardian ad litem.  The
30        child's representative shall consider, but not  be  bound
31        by,  the  expressed  wishes  of  the  child.   A  child's
32        representative  shall  have  received  training  in child
 
HB0377 Enrolled            -4-                LRB9100081SMdvA
 1        advocacy or shall possess such experience  as  determined
 2        to  be  equivalent to such training by the chief judge of
 3        the circuit where the  child's  representative  has  been
 4        appointed.  The child's representative shall not disclose
 5        confidential communications made by the child, except  as
 6        required  by law or by the Rules of Professional Conduct.
 7        The child's representative  shall  not  be  called  as  a
 8        witness   regarding   the   issues   set  forth  in  this
 9        subsection.
10        During  the  proceedings  the  court   may   appoint   an
11    additional  attorney  to  serve  in another of the capacities
12    described in subdivisions (1), (2), or (3) of  the  preceding
13    paragraph  on its own motion or that of a party only for good
14    cause  shown  and  when  the  reasons  for   the   additional
15    appointment are set forth in specific findings.
16        The  court shall enter an order as appropriate for costs,
17    fees, and  disbursements,  including  a  retainer,  when  the
18    attorney,  guardian  ad  litem,  or child's representative is
19    appointed, and thereafter as necessary.   Such  orders  shall
20    require payment by either or both parents, by any other party
21    or source, or from the marital estate or the child's separate
22    estate.  The  court  may  not  order  payment by the Illinois
23    Department of Public Aid in cases in which the Department  is
24    providing  child  and spouse support services under Article X
25    of the Illinois Public Aid Code.  Unless otherwise ordered by
26    the court at the time fees and costs are approved,  all  fees
27    and  costs  payable  to  an  attorney,  guardian ad litem, or
28    child's representative under this Section are by  implication
29    deemed  to  be  in the nature of support of the child and are
30    within the exceptions to discharge  in  bankruptcy  under  11
31    U.S.C.A. 523.  The provisions of Sections 501 and 508 of this
32    Act  shall  apply  to  fees and costs for attorneys appointed
33    under this Section. In the best interests of the  child,  the
34    court   may  appoint  counsel  to  represent  a  child  whose
 
HB0377 Enrolled            -5-                LRB9100081SMdvA
 1    parentage is at issue.
 2        (b)  Upon the request of a mother  or  child  seeking  to
 3    establish  the  existence of a father and child relationship,
 4    the State's Attorney shall represent the mother or  child  in
 5    the  trial  court.   If  the  child  is an applicant for or a
 6    recipient of assistance as defined in  Section  2-6  of  "The
 7    Illinois  Public  Aid  Code",  approved  April  11,  1967, as
 8    amended, or has applied to the Illinois Department of  Public
 9    Aid for services under Article X of such Code, the Department
10    may  file  a  complaint in the child's behalf under this Act.
11    The Department shall refer the complaint to  the  Public  Aid
12    Claims  Enforcement  Division  of  the Office of the Attorney
13    General as provided in Section 12-16 of "The Illinois  Public
14    Aid  Code"  for  enforcement  by  the Attorney General. Legal
15    representation  by  the  State's  Attorney  or  the  Attorney
16    General shall be limited to the establishment and enforcement
17    of an order for support, and shall not extend to  visitation,
18    custody,  property or other matters.  If visitation, custody,
19    property  or  other  matters  are  raised  by  a  party   and
20    considered by the court in any proceeding under this Act, the
21    court  shall  provide  a continuance sufficient to enable the
22    mother or child to obtain representation for such matters.
23        (c)  The Court  may  appoint  counsel  to  represent  any
24    indigent  defendant  in  the  trial  court,  except that this
25    representation shall be limited to  the  establishment  of  a
26    parent  and  child relationship and an order for support, and
27    shall  not   extend   to   visitation,   custody,   property,
28    enforcement  of  an  order for support, or other matters.  If
29    visitation, custody, property or other matters are raised  by
30    a  party  and considered by the court in any proceeding under
31    this Act, the court shall provide a continuance sufficient to
32    enable  the  defendant  to  obtain  representation  for  such
33    matters.
34        (d)  The court shall furnish on request of  any  indigent
 
HB0377 Enrolled            -6-                LRB9100081SMdvA
 1    party a transcript for purposes of appeal.
 2    (Source: P.A. 90-23, eff. 1-1-98.)

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