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