Illinois 2023-2024 Regular Session

Illinois House Bill HB1555 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0126
2	1		HB1555 EnrolledLRB103 00073 LNS 45073 b HB1555 Enrolled LRB103 00073 LNS 45073 b
3	2		HB1555 Enrolled LRB103 00073 LNS 45073 b
4		-	AN ACT concerning civil law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Marriage and Dissolution of
8		-	Marriage Act is amended by changing Section 506 as follows:
9		-	(750 ILCS 5/506) (from Ch. 40, par. 506)
10		-	Sec. 506. Representation of child.
11		-	(a) Duties. In any proceedings involving the support,
12		-	custody, visitation, allocation of parental responsibilities,
13		-	education, parentage, property interest, or general welfare of
14		-	a minor or dependent child, the court may, on its own motion or
15		-	that of any party, appoint an attorney to serve in one of the
16		-	following capacities to address the issues the court
17		-	delineates:
18		-	(1) Attorney. The attorney shall provide independent
19		-	legal counsel for the child and shall owe the same duties
20		-	of undivided loyalty, confidentiality, and competent
21		-	representation as are due an adult client.
22		-	(2) Guardian ad litem. The guardian ad litem shall
23		-	investigate the facts of the case and interview the child
24		-	and the parties. Unless the court directs otherwise, the
25		-	guardian ad litem shall submit to the court and the
26		-	parties a written report, written recommendations, or a
	3	+	1 AN ACT concerning civil law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Marriage and Dissolution of
	7	+	5 Marriage Act is amended by changing Section 506 as follows:
	8	+	6 (750 ILCS 5/506) (from Ch. 40, par. 506)
	9	+	7 Sec. 506. Representation of child.
	10	+	8 (a) Duties. In any proceedings involving the support,
	11	+	9 custody, visitation, allocation of parental responsibilities,
	12	+	10 education, parentage, property interest, or general welfare of
	13	+	11 a minor or dependent child, the court may, on its own motion or
	14	+	12 that of any party, appoint an attorney to serve in one of the
	15	+	13 following capacities to address the issues the court
	16	+	14 delineates:
	17	+	15 (1) Attorney. The attorney shall provide independent
	18	+	16 legal counsel for the child and shall owe the same duties
	19	+	17 of undivided loyalty, confidentiality, and competent
	20	+	18 representation as are due an adult client.
	21	+	19 (2) Guardian ad litem. The guardian ad litem shall
	22	+	20 investigate the facts of the case and interview the child
	23	+	21 and the parties. Unless the court directs otherwise, the
	24	+	22 guardian ad litem shall submit to the court and the
	25	+	23 parties a written report, written recommendations, or a
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29	28
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33		-	proposed parenting plan, in accordance with the child's
34		-	best interests, not less than 30 days before a final
35		-	hearing or trial. The guardian ad litem's written report
36		-	or written recommendations shall be admitted into evidence
37		-	without the need for foundation. The guardian ad litem
38		-	shall be available for deposition before a final hearing
39		-	or trial notwithstanding any other discovery cutoff. The
40		-	guardian ad litem shall testify or submit a written report
41		-	to the court regarding his or her recommendations in
42		-	accordance with the best interest of the child. The report
43		-	shall be made available to all parties. The guardian ad
44		-	litem may be called as a witness for purposes of
45		-	cross-examination regarding the guardian ad litem's report
46		-	or recommendations. At the discretion of the court, the
47		-	guardian ad litem:
48		-	(i) may be present for all proceedings, including
49		-	in camera examinations of the child;
50		-	(ii) may issue subpoenas for records as part of
51		-	the guardian ad litem's investigation; and
52		-	(iii) may file pleadings relating to procedural
53		-	matters. The guardian ad litem shall investigate the
54		-	facts of the case and interview the child and the
55		-	parties.
56		-	(3) Child representative. The child representative
57		-	shall advocate what the child representative finds to be
58		-	in the best interests of the child after reviewing the
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	33	+	HB1555 Enrolled - 2 - LRB103 00073 LNS 45073 b
	34	+	1 proposed parenting plan, in accordance with the child's
	35	+	2 best interests, not less than 30 days before a final
	36	+	3 hearing or trial. The guardian ad litem's written report
	37	+	4 or written recommendations shall be admitted into evidence
	38	+	5 without the need for foundation. The guardian ad litem
	39	+	6 shall be available for deposition before a final hearing
	40	+	7 or trial notwithstanding any other discovery cutoff. The
	41	+	8 guardian ad litem shall testify or submit a written report
	42	+	9 to the court regarding his or her recommendations in
	43	+	10 accordance with the best interest of the child. The report
	44	+	11 shall be made available to all parties. The guardian ad
	45	+	12 litem may be called as a witness for purposes of
	46	+	13 cross-examination regarding the guardian ad litem's report
	47	+	14 or recommendations. At the discretion of the court, the
	48	+	15 guardian ad litem:
	49	+	16 (i) may be present for all proceedings, including
	50	+	17 in camera examinations of the child;
	51	+	18 (ii) may issue subpoenas for records as part of
	52	+	19 the guardian ad litem's investigation; and
	53	+	20 (iii) may file pleadings relating to procedural
	54	+	21 matters. The guardian ad litem shall investigate the
	55	+	22 facts of the case and interview the child and the
	56	+	23 parties.
	57	+	24 (3) Child representative. The child representative
	58	+	25 shall advocate what the child representative finds to be
	59	+	26 in the best interests of the child after reviewing the
59	60
60	61
61		-	facts and circumstances of the case. The child
62		-	representative shall meet with the child and the parties,
63		-	investigate the facts of the case, and encourage
64		-	settlement and the use of alternative forms of dispute
65		-	resolution. The child representative shall have the same
66		-	authority and obligation to participate in the litigation
67		-	as does an attorney for a party and shall possess all the
68		-	powers of investigation as does a guardian ad litem. The
69		-	child representative shall consider, but not be bound by,
70		-	the expressed wishes of the child. A child representative
71		-	shall have received training in child advocacy or shall
72		-	possess such experience as determined to be equivalent to
73		-	such training by the chief judge of the circuit where the
74		-	child representative has been appointed. The child
75		-	representative shall not disclose confidential
76		-	communications made by the child, except as required by
77		-	law or by the Rules of Professional Conduct. The child
78		-	representative shall not render an opinion,
79		-	recommendation, or report to the court and shall not be
80		-	called as a witness, but shall offer evidence-based legal
81		-	arguments. The child representative shall disclose the
82		-	position as to what the child representative intends to
83		-	advocate in a pre-trial memorandum that shall be served
84		-	upon all counsel of record prior to the trial. The
85		-	position disclosed in the pre-trial memorandum shall not
86		-	be considered evidence. The court and the parties may
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88	63
89		-	consider the position of the child representative for
90		-	purposes of a settlement conference.
91		-	(a-3) Additional appointments. During the proceedings the
92		-	court may appoint an additional attorney to serve in the
93		-	capacity described in subdivision (a)(1) or an additional
94		-	attorney to serve in another of the capacities described in
95		-	subdivision (a)(2) or (a)(3) on the court's own motion or that
96		-	of a party only for good cause shown and when the reasons for
97		-	the additional appointment are set forth in specific findings.
98		-	(a-5) Appointment considerations. In deciding whether to
99		-	make an appointment of an attorney for the minor child, a
100		-	guardian ad litem, or a child representative, the court shall
101		-	consider the nature and adequacy of the evidence to be
102		-	presented by the parties and the availability of other methods
103		-	of obtaining information, including social service
104		-	organizations and evaluations by mental health professions, as
105		-	well as resources for payment.
106		-	In no event is this Section intended to or designed to
107		-	abrogate the decision making power of the trier of fact. Any
108		-	appointment made under this Section is not intended to nor
109		-	should it serve to place any appointed individual in the role
110		-	of a surrogate judge.
111		-	(b) Fees and costs. The court shall enter an order as
112		-	appropriate for costs, fees, and disbursements, including a
113		-	retainer, when the attorney, guardian ad litem, or child's
114		-	representative is appointed. Any person appointed under this
	64	+
	65	+	HB1555 Enrolled - 2 - LRB103 00073 LNS 45073 b
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117		-	Section shall file with the court within 90 days of his or her
118		-	appointment, and every subsequent 90-day period thereafter
119		-	during the course of his or her representation, a detailed
120		-	invoice for services rendered with a copy being sent to each
121		-	party. The court shall review the invoice submitted and
122		-	approve the fees, if they are reasonable and necessary. Any
123		-	order approving the fees shall require payment by either or
124		-	both parents, by any other party or source, or from the marital
125		-	estate or the child's separate estate. The court may not order
126		-	payment by the Department of Healthcare and Family Services in
127		-	cases in which the Department is providing child support
128		-	enforcement services under Article X of the Illinois Public
129		-	Aid Code. Unless otherwise ordered by the court at the time
130		-	fees and costs are approved, all fees and costs payable to an
131		-	attorney, guardian ad litem, or child representative under
132		-	this Section are by implication deemed to be in the nature of
133		-	support of the child and are within the exceptions to
134		-	discharge in bankruptcy under 11 U.S.C.A. 523. The provisions
135		-	of Sections 501 and 508 of this Act shall apply to fees and
136		-	costs for attorneys appointed under this Section.
137		-	(Source: P.A. 99-90, eff. 1-1-16.)
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	70	+	1 facts and circumstances of the case. The child
	71	+	2 representative shall meet with the child and the parties,
	72	+	3 investigate the facts of the case, and encourage
	73	+	4 settlement and the use of alternative forms of dispute
	74	+	5 resolution. The child representative shall have the same
	75	+	6 authority and obligation to participate in the litigation
	76	+	7 as does an attorney for a party and shall possess all the
	77	+	8 powers of investigation as does a guardian ad litem. The
	78	+	9 child representative shall consider, but not be bound by,
	79	+	10 the expressed wishes of the child. A child representative
	80	+	11 shall have received training in child advocacy or shall
	81	+	12 possess such experience as determined to be equivalent to
	82	+	13 such training by the chief judge of the circuit where the
	83	+	14 child representative has been appointed. The child
	84	+	15 representative shall not disclose confidential
	85	+	16 communications made by the child, except as required by
	86	+	17 law or by the Rules of Professional Conduct. The child
	87	+	18 representative shall not render an opinion,
	88	+	19 recommendation, or report to the court and shall not be
	89	+	20 called as a witness, but shall offer evidence-based legal
	90	+	21 arguments. The child representative shall disclose the
	91	+	22 position as to what the child representative intends to
	92	+	23 advocate in a pre-trial memorandum that shall be served
	93	+	24 upon all counsel of record prior to the trial. The
	94	+	25 position disclosed in the pre-trial memorandum shall not
	95	+	26 be considered evidence. The court and the parties may
	96	+
	97	+
	98	+
	99	+
	100	+
	101	+	HB1555 Enrolled - 3 - LRB103 00073 LNS 45073 b
	102	+
	103	+
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	105	+	HB1555 Enrolled - 4 - LRB103 00073 LNS 45073 b
	106	+	1 consider the position of the child representative for
	107	+	2 purposes of a settlement conference.
	108	+	3 (a-3) Additional appointments. During the proceedings the
	109	+	4 court may appoint an additional attorney to serve in the
	110	+	5 capacity described in subdivision (a)(1) or an additional
	111	+	6 attorney to serve in another of the capacities described in
	112	+	7 subdivision (a)(2) or (a)(3) on the court's own motion or that
	113	+	8 of a party only for good cause shown and when the reasons for
	114	+	9 the additional appointment are set forth in specific findings.
	115	+	10 (a-5) Appointment considerations. In deciding whether to
	116	+	11 make an appointment of an attorney for the minor child, a
	117	+	12 guardian ad litem, or a child representative, the court shall
	118	+	13 consider the nature and adequacy of the evidence to be
	119	+	14 presented by the parties and the availability of other methods
	120	+	15 of obtaining information, including social service
	121	+	16 organizations and evaluations by mental health professions, as
	122	+	17 well as resources for payment.
	123	+	18 In no event is this Section intended to or designed to
	124	+	19 abrogate the decision making power of the trier of fact. Any
	125	+	20 appointment made under this Section is not intended to nor
	126	+	21 should it serve to place any appointed individual in the role
	127	+	22 of a surrogate judge.
	128	+	23 (b) Fees and costs. The court shall enter an order as
	129	+	24 appropriate for costs, fees, and disbursements, including a
	130	+	25 retainer, when the attorney, guardian ad litem, or child's
	131	+	26 representative is appointed. Any person appointed under this
	132	+
	133	+
	134	+
	135	+
	136	+
	137	+	HB1555 Enrolled - 4 - LRB103 00073 LNS 45073 b
	138	+
	139	+
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	141	+	HB1555 Enrolled - 5 - LRB103 00073 LNS 45073 b
	142	+	1 Section shall file with the court within 90 days of his or her
	143	+	2 appointment, and every subsequent 90-day period thereafter
	144	+	3 during the course of his or her representation, a detailed
	145	+	4 invoice for services rendered with a copy being sent to each
	146	+	5 party. The court shall review the invoice submitted and
	147	+	6 approve the fees, if they are reasonable and necessary. Any
	148	+	7 order approving the fees shall require payment by either or
	149	+	8 both parents, by any other party or source, or from the marital
	150	+	9 estate or the child's separate estate. The court may not order
	151	+	10 payment by the Department of Healthcare and Family Services in
	152	+	11 cases in which the Department is providing child support
	153	+	12 enforcement services under Article X of the Illinois Public
	154	+	13 Aid Code. Unless otherwise ordered by the court at the time
	155	+	14 fees and costs are approved, all fees and costs payable to an
	156	+	15 attorney, guardian ad litem, or child representative under
	157	+	16 this Section are by implication deemed to be in the nature of
	158	+	17 support of the child and are within the exceptions to
	159	+	18 discharge in bankruptcy under 11 U.S.C.A. 523. The provisions
	160	+	19 of Sections 501 and 508 of this Act shall apply to fees and
	161	+	20 costs for attorneys appointed under this Section.
	162	+	21 (Source: P.A. 99-90, eff. 1-1-16.)
	163	+
	164	+
	165	+
	166	+
	167	+
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