Illinois 2023-2024 Regular Session

Illinois House Bill HB1555 Compare Versions

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1-Public Act 103-0126
21 HB1555 EnrolledLRB103 00073 LNS 45073 b HB1555 Enrolled LRB103 00073 LNS 45073 b
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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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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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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
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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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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
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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
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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
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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.)
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