Illinois 2023-2024 Regular Session

Illinois House Bill HB5548 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5548 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED: 750 ILCS 5/600750 ILCS 5/602.5750 ILCS 5/602.7750 ILCS 5/603.10750 ILCS 5/612 new750 ILCS 36/102750 ILCS 36/201750 ILCS 36/204750 ILCS 36/207750 ILCS 36/208750 ILCS 36/313.1 new Amends the Illinois Marriage and Dissolution of Marriage Act. Excludes from the definition of "abuse" obtaining, seeking, or facilitating lawful health care for a minor child by a parent or person in loco parentis. Requires the court to consider in determining parental responsibilities and parenting time a parent's affirmation of the child's gender identity or gender expression in a way that promotes the child's overall health and well-being, including accessing lawful health care. Allows a court to modify an order restricting parental responsibilities if it finds persistent, continuing interference with the child's ability to access lawful health care. Declares it to it is against the public policy of this State and shall not be enforced if a law of another state authorizes the removal of a child from the parent or acting as a parent for allowing a child to receive lawful health care. Amends the Uniform Child-Custody Jurisdiction and Enforcement Act. Provides that the presence of a child in this State for the purpose of obtaining lawful health care is sufficient to meet the jurisdiction of this State for an initial child custody determination for temporary emergency matters. Provides that this State is not an inconvenient forum if lawful health care to the child is at issue in which the law or policy of the other state that may take jurisdiction limits the ability of a parent or person acting as a parent to obtain lawful health care for the child. Effective immediately. LRB103 38744 JRC 68881 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5548 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED: 750 ILCS 5/600750 ILCS 5/602.5750 ILCS 5/602.7750 ILCS 5/603.10750 ILCS 5/612 new750 ILCS 36/102750 ILCS 36/201750 ILCS 36/204750 ILCS 36/207750 ILCS 36/208750 ILCS 36/313.1 new 750 ILCS 5/600 750 ILCS 5/602.5 750 ILCS 5/602.7 750 ILCS 5/603.10 750 ILCS 5/612 new 750 ILCS 36/102 750 ILCS 36/201 750 ILCS 36/204 750 ILCS 36/207 750 ILCS 36/208 750 ILCS 36/313.1 new Amends the Illinois Marriage and Dissolution of Marriage Act. Excludes from the definition of "abuse" obtaining, seeking, or facilitating lawful health care for a minor child by a parent or person in loco parentis. Requires the court to consider in determining parental responsibilities and parenting time a parent's affirmation of the child's gender identity or gender expression in a way that promotes the child's overall health and well-being, including accessing lawful health care. Allows a court to modify an order restricting parental responsibilities if it finds persistent, continuing interference with the child's ability to access lawful health care. Declares it to it is against the public policy of this State and shall not be enforced if a law of another state authorizes the removal of a child from the parent or acting as a parent for allowing a child to receive lawful health care. Amends the Uniform Child-Custody Jurisdiction and Enforcement Act. Provides that the presence of a child in this State for the purpose of obtaining lawful health care is sufficient to meet the jurisdiction of this State for an initial child custody determination for temporary emergency matters. Provides that this State is not an inconvenient forum if lawful health care to the child is at issue in which the law or policy of the other state that may take jurisdiction limits the ability of a parent or person acting as a parent to obtain lawful health care for the child. Effective immediately. LRB103 38744 JRC 68881 b LRB103 38744 JRC 68881 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5548 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED:
3	3	750 ILCS 5/600750 ILCS 5/602.5750 ILCS 5/602.7750 ILCS 5/603.10750 ILCS 5/612 new750 ILCS 36/102750 ILCS 36/201750 ILCS 36/204750 ILCS 36/207750 ILCS 36/208750 ILCS 36/313.1 new 750 ILCS 5/600 750 ILCS 5/602.5 750 ILCS 5/602.7 750 ILCS 5/603.10 750 ILCS 5/612 new 750 ILCS 36/102 750 ILCS 36/201 750 ILCS 36/204 750 ILCS 36/207 750 ILCS 36/208 750 ILCS 36/313.1 new
4	4	750 ILCS 5/600
5	5	750 ILCS 5/602.5
6	6	750 ILCS 5/602.7
7	7	750 ILCS 5/603.10
8	8	750 ILCS 5/612 new
9	9	750 ILCS 36/102
10	10	750 ILCS 36/201
11	11	750 ILCS 36/204
12	12	750 ILCS 36/207
13	13	750 ILCS 36/208
14	14	750 ILCS 36/313.1 new
15	15	Amends the Illinois Marriage and Dissolution of Marriage Act. Excludes from the definition of "abuse" obtaining, seeking, or facilitating lawful health care for a minor child by a parent or person in loco parentis. Requires the court to consider in determining parental responsibilities and parenting time a parent's affirmation of the child's gender identity or gender expression in a way that promotes the child's overall health and well-being, including accessing lawful health care. Allows a court to modify an order restricting parental responsibilities if it finds persistent, continuing interference with the child's ability to access lawful health care. Declares it to it is against the public policy of this State and shall not be enforced if a law of another state authorizes the removal of a child from the parent or acting as a parent for allowing a child to receive lawful health care. Amends the Uniform Child-Custody Jurisdiction and Enforcement Act. Provides that the presence of a child in this State for the purpose of obtaining lawful health care is sufficient to meet the jurisdiction of this State for an initial child custody determination for temporary emergency matters. Provides that this State is not an inconvenient forum if lawful health care to the child is at issue in which the law or policy of the other state that may take jurisdiction limits the ability of a parent or person acting as a parent to obtain lawful health care for the child. Effective immediately.
16	16	LRB103 38744 JRC 68881 b LRB103 38744 JRC 68881 b
17	17	LRB103 38744 JRC 68881 b
18	18	A BILL FOR
19	19	HB5548LRB103 38744 JRC 68881 b HB5548 LRB103 38744 JRC 68881 b
20	20	HB5548 LRB103 38744 JRC 68881 b
21	21	1 AN ACT concerning civil law.
22	22	2 Be it enacted by the People of the State of Illinois,
23	23	3 represented in the General Assembly:
24	24	4 Section 5. The Illinois Marriage and Dissolution of
25	25	5 Marriage Act is amended by changing Sections 600, 602.5,
26	26	6 602.7, and 603.10 and by adding Section 612 as follows:
27	27	7 (750 ILCS 5/600)
28	28	8 Sec. 600. Definitions. For purposes of this Part VI:
29	29	9 (a) "Abuse" has the meaning ascribed to that term in
30	30	10 Section 103 of the Illinois Domestic Violence Act of 1986.
31	31	11 "Abuse" does not include obtaining, seeking, or facilitating
32	32	12 lawful health care for a minor child by a parent or person in
33	33	13 loco parentis.
34	34	14 (b) "Allocation judgment" means a judgment allocating
35	35	15 parental responsibilities.
36	36	16 (c) "Caretaking functions" means tasks that involve
37	37	17 interaction with a child or that direct, arrange, and
38	38	18 supervise the interaction with and care of a child provided by
39	39	19 others, or for obtaining the resources allowing for the
40	40	20 provision of these functions. The term includes, but is not
41	41	21 limited to, the following:
42	42	22 (1) satisfying a child's nutritional needs; managing a
43	43	23 child's bedtime and wake-up routines; caring for a child
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47	47	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5548 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED:
48	48	750 ILCS 5/600750 ILCS 5/602.5750 ILCS 5/602.7750 ILCS 5/603.10750 ILCS 5/612 new750 ILCS 36/102750 ILCS 36/201750 ILCS 36/204750 ILCS 36/207750 ILCS 36/208750 ILCS 36/313.1 new 750 ILCS 5/600 750 ILCS 5/602.5 750 ILCS 5/602.7 750 ILCS 5/603.10 750 ILCS 5/612 new 750 ILCS 36/102 750 ILCS 36/201 750 ILCS 36/204 750 ILCS 36/207 750 ILCS 36/208 750 ILCS 36/313.1 new
49	49	750 ILCS 5/600
50	50	750 ILCS 5/602.5
51	51	750 ILCS 5/602.7
52	52	750 ILCS 5/603.10
53	53	750 ILCS 5/612 new
54	54	750 ILCS 36/102
55	55	750 ILCS 36/201
56	56	750 ILCS 36/204
57	57	750 ILCS 36/207
58	58	750 ILCS 36/208
59	59	750 ILCS 36/313.1 new
60	60	Amends the Illinois Marriage and Dissolution of Marriage Act. Excludes from the definition of "abuse" obtaining, seeking, or facilitating lawful health care for a minor child by a parent or person in loco parentis. Requires the court to consider in determining parental responsibilities and parenting time a parent's affirmation of the child's gender identity or gender expression in a way that promotes the child's overall health and well-being, including accessing lawful health care. Allows a court to modify an order restricting parental responsibilities if it finds persistent, continuing interference with the child's ability to access lawful health care. Declares it to it is against the public policy of this State and shall not be enforced if a law of another state authorizes the removal of a child from the parent or acting as a parent for allowing a child to receive lawful health care. Amends the Uniform Child-Custody Jurisdiction and Enforcement Act. Provides that the presence of a child in this State for the purpose of obtaining lawful health care is sufficient to meet the jurisdiction of this State for an initial child custody determination for temporary emergency matters. Provides that this State is not an inconvenient forum if lawful health care to the child is at issue in which the law or policy of the other state that may take jurisdiction limits the ability of a parent or person acting as a parent to obtain lawful health care for the child. Effective immediately.
61	61	LRB103 38744 JRC 68881 b LRB103 38744 JRC 68881 b
62	62	LRB103 38744 JRC 68881 b
63	63	A BILL FOR
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69	69	750 ILCS 5/600
70	70	750 ILCS 5/602.5
71	71	750 ILCS 5/602.7
72	72	750 ILCS 5/603.10
73	73	750 ILCS 5/612 new
74	74	750 ILCS 36/102
75	75	750 ILCS 36/201
76	76	750 ILCS 36/204
77	77	750 ILCS 36/207
78	78	750 ILCS 36/208
79	79	750 ILCS 36/313.1 new
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98	98	1 when the child is sick or injured; being attentive to a
99	99	2 child's personal hygiene needs, including washing,
100	100	3 grooming, and dressing; playing with a child and ensuring
101	101	4 the child attends scheduled extracurricular activities;
102	102	5 protecting a child's physical safety; and providing
103	103	6 transportation for a child;
104	104	7 (2) directing a child's various developmental needs,
105	105	8 including the acquisition of motor and language skills,
106	106	9 toilet training, self-confidence, and maturation;
107	107	10 (3) providing discipline, giving instruction in
108	108	11 manners, assigning and supervising chores, and performing
109	109	12 other tasks that attend to a child's needs for behavioral
110	110	13 control and self-restraint;
111	111	14 (4) ensuring the child attends school, including
112	112	15 remedial and special services appropriate to the child's
113	113	16 needs and interests, communicating with teachers and
114	114	17 counselors, and supervising homework;
115	115	18 (5) helping a child develop and maintain appropriate
116	116	19 interpersonal relationships with peers, siblings, and
117	117	20 other family members;
118	118	21 (6) ensuring the child attends medical appointments
119	119	22 and is available for medical follow-up and meeting the
120	120	23 medical needs of the child in the home;
121	121	24 (7) providing moral and ethical guidance for a child;
122	122	25 and
123	123	26 (8) arranging alternative care for a child by a family
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134	134	1 member, babysitter, or other child care provider or
135	135	2 facility, including investigating such alternatives,
136	136	3 communicating with providers, and supervising such care.
137	137	4 "Lawful health care" has the meaning ascribed to that term
138	138	5 in the Lawful Health Care Activity Act.
139	139	6 (e) (d) "Parental responsibilities" means both parenting
140	140	7 time and significant decision-making responsibilities with
141	141	8 respect to a child.
142	142	9 (f) (e) "Parenting time" means the time during which a
143	143	10 parent is responsible for exercising caretaking functions and
144	144	11 non-significant decision-making responsibilities with respect
145	145	12 to the child.
146	146	13 (g) (f) "Parenting plan" means a written agreement that
147	147	14 allocates significant decision-making responsibilities,
148	148	15 parenting time, or both.
149	149	16 (h) (g) "Relocation" means:
150	150	17 (1) a change of residence from the child's current
151	151	18 primary residence located in the county of Cook, DuPage,
152	152	19 Kane, Lake, McHenry, or Will to a new residence within
153	153	20 this State that is more than 25 miles from the child's
154	154	21 current residence, as measured by an Internet mapping
155	155	22 service;
156	156	23 (2) a change of residence from the child's current
157	157	24 primary residence located in a county not listed in
158	158	25 paragraph (1) to a new residence within this State that is
159	159	26 more than 50 miles from the child's current primary
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170	170	1 residence, as measured by an Internet mapping service; or
171	171	2 (3) a change of residence from the child's current
172	172	3 primary residence to a residence outside the borders of
173	173	4 this State that is more than 25 miles from the current
174	174	5 primary residence, as measured by an Internet mapping
175	175	6 service.
176	176	7 (i) (h) "Religious upbringing" means the choice of religion
177	177	8 or denomination of a religion, religious schooling, religious
178	178	9 training, or participation in religious customs or practices.
179	179	10 (j) (i) "Restriction of parenting time" means any
180	180	11 limitation or condition placed on parenting time, including
181	181	12 supervision.
182	182	13 (k) (j) "Right of first refusal" has the meaning provided
183	183	14 in subsection (b) of Section 602.3 of this Act.
184	184	15 (l) (k) "Significant decision-making" means deciding
185	185	16 issues of long-term importance in the life of a child.
186	186	17 (m) (l) "Step-parent" means a person married to a child's
187	187	18 parent, including a person married to the child's parent
188	188	19 immediately prior to the parent's death.
189	189	20 (n) (m) "Supervision" means the presence of a third party
190	190	21 during a parent's exercise of parenting time.
191	191	22 (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
192	192	23 (750 ILCS 5/602.5)
193	193	24 Sec. 602.5. Allocation of parental responsibilities:
194	194	25 decision-making.
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205	205	1 (a) Generally. The court shall allocate decision-making
206	206	2 responsibilities according to the child's best interests.
207	207	3 Nothing in this Act requires that each parent be allocated
208	208	4 decision-making responsibilities.
209	209	5 (b) Allocation of significant decision-making
210	210	6 responsibilities. Unless the parents otherwise agree in
211	211	7 writing on an allocation of significant decision-making
212	212	8 responsibilities, or the issue of the allocation of parental
213	213	9 responsibilities has been reserved under Section 401, the
214	214	10 court shall make the determination. The court shall allocate
215	215	11 to one or both of the parents the significant decision-making
216	216	12 responsibility for each significant issue affecting the child.
217	217	13 Those significant issues shall include, without limitation,
218	218	14 the following:
219	219	15 (1) Education, including the choice of schools and
220	220	16 tutors.
221	221	17 (2) Health, including all decisions relating to the
222	222	18 medical, dental, and psychological needs of the child and
223	223	19 to the treatments arising or resulting from those needs.
224	224	20 (3) Religion, subject to the following provisions:
225	225	21 (A) The court shall allocate decision-making
226	226	22 responsibility for the child's religious upbringing in
227	227	23 accordance with any express or implied agreement
228	228	24 between the parents.
229	229	25 (B) The court shall consider evidence of the
230	230	26 parents' past conduct as to the child's religious
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241	241	1 upbringing in allocating decision-making
242	242	2 responsibilities consistent with demonstrated past
243	243	3 conduct in the absence of an express or implied
244	244	4 agreement between the parents.
245	245	5 (C) The court shall not allocate any aspect of the
246	246	6 child's religious upbringing if it determines that the
247	247	7 parents do not or did not have an express or implied
248	248	8 agreement for such religious upbringing or that there
249	249	9 is insufficient evidence to demonstrate a course of
250	250	10 conduct regarding the child's religious upbringing
251	251	11 that could serve as a basis for any such order.
252	252	12 (4) Extracurricular activities.
253	253	13 (c) Determination of child's best interests. In
254	254	14 determining the child's best interests for purposes of
255	255	15 allocating significant decision-making responsibilities, the
256	256	16 court shall consider all relevant factors, including, without
257	257	17 limitation, the following:
258	258	18 (1) the wishes of the child, taking into account the
259	259	19 child's maturity and ability to express reasoned and
260	260	20 independent preferences as to decision-making;
261	261	21 (2) the child's adjustment to his or her home, school,
262	262	22 and community;
263	263	23 (3) the mental and physical health of all individuals
264	264	24 involved;
265	265	25 (4) a parent's affirmation of the child's gender
266	266	26 identity or gender expression in a way that promotes the
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277	277	1 child's overall health and well-being, including accessing
278	278	2 lawful health care;
279	279	3 (5) (4) the ability of the parents to cooperate to
280	280	4 make decisions, or the level of conflict between the
281	281	5 parties that may affect their ability to share
282	282	6 decision-making;
283	283	7 (6) (5) the level of each parent's participation in
284	284	8 past significant decision-making with respect to the
285	285	9 child;
286	286	10 (7) (6) any prior agreement or course of conduct
287	287	11 between the parents relating to decision-making with
288	288	12 respect to the child;
289	289	13 (8) (7) the wishes of the parents;
290	290	14 (9) (8) the child's needs;
291	291	15 (10) (9) the distance between the parents' residences,
292	292	16 the cost and difficulty of transporting the child, each
293	293	17 parent's and the child's daily schedules, and the ability
294	294	18 of the parents to cooperate in the arrangement;
295	295	19 (11) (10) whether a restriction on decision-making is
296	296	20 appropriate under Section 603.10;
297	297	21 (12) (11) the willingness and ability of each parent to
298	298	22 facilitate and encourage a close and continuing
299	299	23 relationship between the other parent and the child;
300	300	24 (13) (12) the physical violence or threat of physical
301	301	25 violence by the child's parent directed against the child;
302	302	26 (14) (13) the occurrence of abuse against the child or
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313	313	1 other member of the child's household;
314	314	2 (15) (14) whether one of the parents is a sex
315	315	3 offender, and if so, the exact nature of the offense and
316	316	4 what, if any, treatment in which the parent has
317	317	5 successfully participated; and
318	318	6 (16) (15) any other factor that the court expressly
319	319	7 finds to be relevant.
320	320	8 (d) A parent shall have sole responsibility for making
321	321	9 routine decisions with respect to the child and for emergency
322	322	10 decisions affecting the child's health and safety during that
323	323	11 parent's parenting time.
324	324	12 (e) In allocating significant decision-making
325	325	13 responsibilities, the court shall not consider conduct of a
326	326	14 parent that does not affect that parent's relationship to the
327	327	15 child.
328	328	16 (Source: P.A. 99-90, eff. 1-1-16.)
329	329	17 (750 ILCS 5/602.7)
330	330	18 Sec. 602.7. Allocation of parental responsibilities:
331	331	19 parenting time.
332	332	20 (a) Best interests. The court shall allocate parenting
333	333	21 time according to the child's best interests.
334	334	22 (b) Allocation of parenting time. Unless the parents
335	335	23 present a mutually agreed written parenting plan and that plan
336	336	24 is approved by the court, the court shall allocate parenting
337	337	25 time. It is presumed both parents are fit and the court shall
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348	348	1 not place any restrictions on parenting time as defined in
349	349	2 Section 600 and described in Section 603.10, unless it finds
350	350	3 by a preponderance of the evidence that a parent's exercise of
351	351	4 parenting time would seriously endanger the child's physical,
352	352	5 mental, moral, or emotional health.
353	353	6 In determining the child's best interests for purposes of
354	354	7 allocating parenting time, the court shall consider all
355	355	8 relevant factors, including, without limitation, the
356	356	9 following:
357	357	10 (1) the wishes of each parent seeking parenting time;
358	358	11 (2) the wishes of the child, taking into account the
359	359	12 child's maturity and ability to express reasoned and
360	360	13 independent preferences as to parenting time;
361	361	14 (3) the amount of time each parent spent performing
362	362	15 caretaking functions with respect to the child in the 24
363	363	16 months preceding the filing of any petition for allocation
364	364	17 of parental responsibilities or, if the child is under 2
365	365	18 years of age, since the child's birth;
366	366	19 (4) any prior agreement or course of conduct between
367	367	20 the parents relating to caretaking functions with respect
368	368	21 to the child;
369	369	22 (5) the interaction and interrelationship of the child
370	370	23 with his or her parents and siblings and with any other
371	371	24 person who may significantly affect the child's best
372	372	25 interests;
373	373	26 (6) the child's adjustment to his or her home, school,
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384	384	1 and community;
385	385	2 (7) the mental and physical health of all individuals
386	386	3 involved;
387	387	4 (8) the child's needs;
388	388	5 (9) the distance between the parents' residences, the
389	389	6 cost and difficulty of transporting the child, each
390	390	7 parent's and the child's daily schedules, and the ability
391	391	8 of the parents to cooperate in the arrangement;
392	392	9 (10) whether a restriction on parenting time is
393	393	10 appropriate;
394	394	11 (11) the physical violence or threat of physical
395	395	12 violence by the child's parent directed against the child
396	396	13 or other member of the child's household;
397	397	14 (12) the willingness and ability of each parent to
398	398	15 place the needs of the child ahead of his or her own needs;
399	399	16 (13) the willingness and ability of each parent to
400	400	17 facilitate and encourage a close and continuing
401	401	18 relationship between the other parent and the child;
402	402	19 (14) the occurrence of abuse against the child or
403	403	20 other member of the child's household;
404	404	21 (15) whether one of the parents is a convicted sex
405	405	22 offender or lives with a convicted sex offender and, if
406	406	23 so, the exact nature of the offense and what if any
407	407	24 treatment the offender has successfully participated in;
408	408	25 the parties are entitled to a hearing on the issues raised
409	409	26 in this paragraph (15);
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420	420	1 (16) the terms of a parent's military family-care plan
421	421	2 that a parent must complete before deployment if a parent
422	422	3 is a member of the United States Armed Forces who is being
423	423	4 deployed; and
424	424	5 (17) a parent's affirmation of the child's gender
425	425	6 identity or gender expression in a way that promotes the
426	426	7 child's overall health and well-being, including accessing
427	427	8 lawful health care; and
428	428	9 (18) (17) any other factor that the court expressly
429	429	10 finds to be relevant.
430	430	11 (c) In allocating parenting time, the court shall not
431	431	12 consider conduct of a parent that does not affect that
432	432	13 parent's relationship to the child.
433	433	14 (d) Upon motion, the court may allow a parent who is
434	434	15 deployed or who has orders to be deployed as a member of the
435	435	16 United States Armed Forces to designate a person known to the
436	436	17 child to exercise reasonable substitute visitation on behalf
437	437	18 of the deployed parent, if the court determines that
438	438	19 substitute visitation is in the best interests of the child.
439	439	20 In determining whether substitute visitation is in the best
440	440	21 interests of the child, the court shall consider all of the
441	441	22 relevant factors listed in subsection (b) of this Section and
442	442	23 apply those factors to the person designated as a substitute
443	443	24 for the deployed parent for visitation purposes. Visitation
444	444	25 orders entered under this subsection are subject to
445	445	26 subsections (e) and (f) of Section 602.9 and subsections (c)
446	446
447	447
448	448
449	449
450	450
451	451	HB5548 - 11 - LRB103 38744 JRC 68881 b
452	452
453	453
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455	455	HB5548 - 12 - LRB103 38744 JRC 68881 b
456	456	1 and (d) of Section 603.10.
457	457	2 (e) If the street address of a parent is not identified
458	458	3 pursuant to Section 708 of this Act, the court shall require
459	459	4 the parties to identify reasonable alternative arrangements
460	460	5 for parenting time by the other parent including, but not
461	461	6 limited to, parenting time of the minor child at the residence
462	462	7 of another person or at a local public or private facility.
463	463	8 (Source: P.A. 99-90, eff. 1-1-16.)
464	464	9 (750 ILCS 5/603.10)
465	465	10 Sec. 603.10. Restriction of parental responsibilities.
466	466	11 (a) After a hearing, if the court finds by a preponderance
467	467	12 of the evidence that a parent engaged in any conduct that
468	468	13 seriously endangered the child's mental, moral, or physical
469	469	14 health or that significantly impaired the child's emotional
470	470	15 development, the court shall enter orders as necessary to
471	471	16 protect the child. Such orders may include, but are not
472	472	17 limited to, orders for one or more of the following:
473	473	18 (1) a reduction, elimination, or other adjustment of
474	474	19 the parent's decision-making responsibilities or parenting
475	475	20 time, or both decision-making responsibilities and
476	476	21 parenting time;
477	477	22 (2) supervision, including ordering the Department of
478	478	23 Children and Family Services to exercise continuing
479	479	24 supervision under Section 5 of the Children and Family
480	480	25 Services Act;
481	481
482	482
483	483
484	484
485	485
486	486	HB5548 - 12 - LRB103 38744 JRC 68881 b
487	487
488	488
489	489	HB5548- 13 -LRB103 38744 JRC 68881 b HB5548 - 13 - LRB103 38744 JRC 68881 b
490	490	HB5548 - 13 - LRB103 38744 JRC 68881 b
491	491	1 (3) requiring the exchange of the child between the
492	492	2 parents through an intermediary or in a protected setting;
493	493	3 (4) restraining a parent's communication with or
494	494	4 proximity to the other parent or the child;
495	495	5 (5) requiring a parent to abstain from possessing or
496	496	6 consuming alcohol or non-prescribed drugs while exercising
497	497	7 parenting time with the child and within a specified
498	498	8 period immediately preceding the exercise of parenting
499	499	9 time;
500	500	10 (6) restricting the presence of specific persons while
501	501	11 a parent is exercising parenting time with the child;
502	502	12 (7) requiring a parent to post a bond to secure the
503	503	13 return of the child following the parent's exercise of
504	504	14 parenting time or to secure other performance required by
505	505	15 the court;
506	506	16 (8) requiring a parent to complete a treatment program
507	507	17 for perpetrators of abuse, for drug or alcohol abuse, or
508	508	18 for other behavior that is the basis for restricting
509	509	19 parental responsibilities under this Section; and
510	510	20 (9) any other constraints or conditions that the court
511	511	21 deems necessary to provide for the child's safety or
512	512	22 welfare.
513	513	23 (b) The court may modify an order restricting parental
514	514	24 responsibilities if, after a hearing, the court finds by a
515	515	25 preponderance of the evidence that a modification is in the
516	516	26 child's best interests based on (i) a change of circumstances
517	517
518	518
519	519
520	520
521	521
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523	523
524	524
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526	526	HB5548 - 14 - LRB103 38744 JRC 68881 b
527	527	1 that occurred after the entry of an order restricting parental
528	528	2 responsibilities; or (ii) conduct of which the court was
529	529	3 previously unaware that seriously endangers the child. In
530	530	4 determining whether to modify an order under this subsection,
531	531	5 the court must consider factors that include, but need not be
532	532	6 limited to, the following:
533	533	7 (1) abuse, neglect, or abandonment of the child;
534	534	8 (2) abusing or allowing abuse of another person that
535	535	9 had an impact upon the child;
536	536	10 (3) use of drugs, alcohol, or any other substance in a
537	537	11 way that interferes with the parent's ability to perform
538	538	12 caretaking functions with respect to the child; and
539	539	13 (4) persistent continuing interference with the other
540	540	14 parent's access to the child, except for actions taken
541	541	15 with a reasonable, good-faith belief that they are
542	542	16 necessary to protect the child's safety pending
543	543	17 adjudication of the facts underlying that belief, provided
544	544	18 that the interfering parent initiates a proceeding to
545	545	19 determine those facts as soon as practicable; and .
546	546	20 (5) persistent continuing interference with the
547	547	21 child's ability to access lawful health care.
548	548	22 (c) An order granting parenting time to a parent or
549	549	23 visitation to another person may be revoked by the court if
550	550	24 that parent or other person is found to have knowingly used his
551	551	25 or her parenting time or visitation to facilitate contact
552	552	26 between the child and a parent who has been barred from contact
553	553
554	554
555	555
556	556
557	557
558	558	HB5548 - 14 - LRB103 38744 JRC 68881 b
559	559
560	560
561	561	HB5548- 15 -LRB103 38744 JRC 68881 b HB5548 - 15 - LRB103 38744 JRC 68881 b
562	562	HB5548 - 15 - LRB103 38744 JRC 68881 b
563	563	1 with the child or to have knowingly used his or her parenting
564	564	2 time or visitation to facilitate contact with the child that
565	565	3 violates any restrictions imposed on a parent's parenting time
566	566	4 by a court of competent jurisdiction. Nothing in this
567	567	5 subsection limits a court's authority to enforce its orders in
568	568	6 any other manner authorized by law.
569	569	7 (d) If parenting time of a parent is restricted, an order
570	570	8 granting visitation to a non-parent with a child or an order
571	571	9 granting parenting time to the other parent shall contain the
572	572	10 following language:
573	573	11 "If a person granted parenting time or visitation
574	574	12 under this order uses that time to facilitate contact
575	575	13 between the child and a parent whose parenting time is
576	576	14 restricted, or if such a person violates any restrictions
577	577	15 placed on parenting time or visitation by the court, the
578	578	16 parenting time or visitation granted under this order
579	579	17 shall be revoked until further order of court."
580	580	18 (e) A parent who, after a hearing, is determined by the
581	581	19 court to have been convicted of any offense involving an
582	582	20 illegal sex act perpetrated upon a victim less than 18 years of
583	583	21 age, including but not limited to an offense under Article 11
584	584	22 of the Criminal Code of 2012, is not entitled to parenting time
585	585	23 while incarcerated or while on parole, probation, conditional
586	586	24 discharge, periodic imprisonment, or mandatory supervised
587	587	25 release for a felony offense, until the parent complies with
588	588	26 such terms and conditions as the court determines are in the
589	589
590	590
591	591
592	592
593	593
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595	595
596	596
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598	598	HB5548 - 16 - LRB103 38744 JRC 68881 b
599	599	1 child's best interests, taking into account the exact nature
600	600	2 of the offense and what, if any, treatment in which the parent
601	601	3 successfully participated.
602	602	4 (f) A parent may not, while the child is present, visit any
603	603	5 person granted visitation or parenting time who has been
604	604	6 convicted of first degree murder, unless the court finds,
605	605	7 after considering all relevant factors, including those set
606	606	8 forth in subsection (b) of Section 602.7, that it would be in
607	607	9 the child's best interests to allow the child to be present
608	608	10 during such a visit.
609	609	11 (Source: P.A. 99-90, eff. 1-1-16.)
610	610	12 (750 ILCS 5/612 new)
611	611	13 Sec. 612. Legislative declaration of public policy. A law
612	612	14 of another state that authorizes the removal of a child from a
613	613	15 parent or person acting as a parent based on the parent or
614	614	16 person acting as a parent allowing a child to receive lawful
615	615	17 health care is against the public policy of this State and
616	616	18 shall not be enforced or applied in a case pending in a court
617	617	19 in this State.
618	618	20 Section 10. The Uniform Child-Custody Jurisdiction and
619	619	21 Enforcement Act is amended by changing Sections 102, 201, 204,
620	620	22 207, and 208 and by adding Section 313.1 as follows:
621	621	23 (750 ILCS 36/102)
622	622
623	623
624	624
625	625
626	626
627	627	HB5548 - 16 - LRB103 38744 JRC 68881 b
628	628
629	629
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631	631	HB5548 - 17 - LRB103 38744 JRC 68881 b
632	632	1 Sec. 102. Definitions. In this Act:
633	633	2 (1) "Abandoned" means left without provision for
634	634	3 reasonable and necessary care or supervision.
635	635	4 (2) "Child" means an individual who has not attained 18
636	636	5 years of age.
637	637	6 (3) "Child-custody determination" means a judgment,
638	638	7 decree, or other order of a court providing for the legal
639	639	8 custody, physical custody, or visitation with respect to a
640	640	9 child. The term includes a permanent, temporary, initial, and
641	641	10 modification order. The term does not include an order
642	642	11 relating to child support or other monetary obligation of an
643	643	12 individual.
644	644	13 (4) "Child-custody proceeding" means a proceeding in which
645	645	14 legal custody, physical custody, or visitation with respect to
646	646	15 a child is an issue. The term includes a proceeding for
647	647	16 divorce, separation, neglect, abuse, dependency, guardianship,
648	648	17 paternity, termination of parental rights, and protection from
649	649	18 domestic violence, in which the issue may appear. The term
650	650	19 does not include a proceeding involving juvenile delinquency,
651	651	20 contractual emancipation, or enforcement under Article 3.
652	652	21 (5) "Commencement" means the filing of the first pleading
653	653	22 in a proceeding.
654	654	23 (6) "Court" means an entity authorized under the law of a
655	655	24 state to establish, enforce, or modify a child-custody
656	656	25 determination.
657	657	26 (7) "Home state" means the state in which a child lived
658	658
659	659
660	660
661	661
662	662
663	663	HB5548 - 17 - LRB103 38744 JRC 68881 b
664	664
665	665
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667	667	HB5548 - 18 - LRB103 38744 JRC 68881 b
668	668	1 with a parent or a person acting as a parent for at least six
669	669	2 consecutive months immediately before the commencement of a
670	670	3 child-custody proceeding. In the case of a child less than six
671	671	4 months of age, the term means the state in which the child
672	672	5 lived from birth with any of the persons mentioned. A period of
673	673	6 temporary absence of any of the mentioned persons is part of
674	674	7 the period.
675	675	8 (8) "Initial determination" means the first child-custody
676	676	9 determination concerning a particular child.
677	677	10 (9) "Issuing court" means the court that makes a
678	678	11 child-custody determination for which enforcement is sought
679	679	12 under this Act.
680	680	13 (10) "Issuing state" means the state in which a
681	681	14 child-custody determination is made.
682	682	15 (11) "Lawful health care" has the meaning ascribed to that
683	683	16 term in the Lawful Health Care Activity Act.
684	684	17 (12) (11) "Modification" means a child-custody
685	685	18 determination that changes, replaces, supersedes, or is
686	686	19 otherwise made after a previous determination concerning the
687	687	20 same child, whether or not it is made by the court that made
688	688	21 the previous determination.
689	689	22 (13) (12) "Person" means an individual, corporation,
690	690	23 business trust, estate, trust, partnership, limited liability
691	691	24 company, association, joint venture, government; governmental
692	692	25 subdivision, agency, or instrumentality; public corporation;
693	693	26 or any other legal or commercial entity.
694	694
695	695
696	696
697	697
698	698
699	699	HB5548 - 18 - LRB103 38744 JRC 68881 b
700	700
701	701
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703	703	HB5548 - 19 - LRB103 38744 JRC 68881 b
704	704	1 (14) (13) "Person acting as a parent" means a person,
705	705	2 other than a parent, who:
706	706	3 (A) has physical custody of the child or has had
707	707	4 physical custody for a period of six consecutive months,
708	708	5 including any temporary absence, within one year
709	709	6 immediately before the commencement of a child-custody
710	710	7 proceeding; and
711	711	8 (B) has been awarded legal custody by a court or
712	712	9 claims a right to legal custody under the law of this
713	713	10 State.
714	714	11 (15) (14) "Physical custody" means the physical care and
715	715	12 supervision of a child.
716	716	13 (16) (15) "State" means a state of the United States, the
717	717	14 District of Columbia, Puerto Rico, the United States Virgin
718	718	15 Islands, or any territory or insular possession subject to the
719	719	16 jurisdiction of the United States.
720	720	17 (17) (16) "Tribe" means an Indian tribe or band, or
721	721	18 Alaskan Native village, which is recognized by federal law or
722	722	19 formally acknowledged by a state.
723	723	20 (18) (17) "Warrant" means an order issued by a court
724	724	21 authorizing law enforcement officers to take physical custody
725	725	22 of a child.
726	726	23 (Source: P.A. 93-108, eff. 1-1-04.)
727	727	24 (750 ILCS 36/201)
728	728	25 Sec. 201. Initial Child-Custody Jurisdiction.
729	729
730	730
731	731
732	732
733	733
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735	735
736	736
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738	738	HB5548 - 20 - LRB103 38744 JRC 68881 b
739	739	1 (a) Except as otherwise provided in Section 204, a court
740	740	2 of this State has jurisdiction to make an initial
741	741	3 child-custody determination only if:
742	742	4 (1) this State is the home state of the child on the
743	743	5 date of the commencement of the proceeding, or was the
744	744	6 home state of the child within six months before the
745	745	7 commencement of the proceeding and the child is absent
746	746	8 from this State but a parent or person acting as a parent
747	747	9 continues to live in this State;
748	748	10 (2) a court of another state does not have
749	749	11 jurisdiction under paragraph (1), or a court of the home
750	750	12 state of the child has declined to exercise jurisdiction
751	751	13 on the ground that this State is the more appropriate
752	752	14 forum under Section 207 or 208, and:
753	753	15 (A) the child and the child's parents, or the
754	754	16 child and at least one parent or a person acting as a
755	755	17 parent, have a significant connection with this State
756	756	18 other than mere physical presence; and
757	757	19 (B) substantial evidence is available in this
758	758	20 State concerning the child's care, protection,
759	759	21 training, and personal relationships;
760	760	22 (3) all courts having jurisdiction under paragraph (1)
761	761	23 or (2) have declined to exercise jurisdiction on the
762	762	24 ground that a court of this State is the more appropriate
763	763	25 forum to determine the custody of the child under Section
764	764	26 207 or 208; or
765	765
766	766
767	767
768	768
769	769
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771	771
772	772
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774	774	HB5548 - 21 - LRB103 38744 JRC 68881 b
775	775	1 (4) no court of any other state would have
776	776	2 jurisdiction under the criteria specified in paragraph
777	777	3 (1), (2), or (3).
778	778	4 (b) Subsection (a) is the exclusive jurisdictional basis
779	779	5 for making a child-custody determination by a court of this
780	780	6 State.
781	781	7 (c) Physical presence of, or personal jurisdiction over, a
782	782	8 party or a child is not necessary or sufficient to make a
783	783	9 child-custody determination.
784	784	10 (d) The presence of a child in this State for the purpose
785	785	11 of obtaining lawful health care is sufficient to meet the
786	786	12 requirements of paragraphs 2(A) and (B) of subsection (a).
787	787	13 (Source: P.A. 93-108, eff. 1-1-04.)
788	788	14 (750 ILCS 36/204)
789	789	15 Sec. 204. Temporary Emergency Jurisdiction.
790	790	16 (a) A court of this State has temporary emergency
791	791	17 jurisdiction if the child is present in this State and the
792	792	18 child has been abandoned or it is necessary in an emergency to
793	793	19 protect the child because the child, or a sibling or parent of
794	794	20 the child, is subjected to or threatened with mistreatment or
795	795	21 abuse, or the child is present in this state because the child
796	796	22 has been unable to obtain lawful health care in another
797	797	23 state..
798	798	24 (b) If there is no previous child-custody determination
799	799	25 that is entitled to be enforced under this Act and a
800	800
801	801
802	802
803	803
804	804
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806	806
807	807
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809	809	HB5548 - 22 - LRB103 38744 JRC 68881 b
810	810	1 child-custody proceeding has not been commenced in a court of
811	811	2 a state having jurisdiction under Sections 201 through 203, a
812	812	3 child-custody determination made under this Section remains in
813	813	4 effect until an order is obtained from a court of a state
814	814	5 having jurisdiction under Sections 201 through 203. If a
815	815	6 child-custody proceeding has not been or is not commenced in a
816	816	7 court of a state having jurisdiction under Sections 201
817	817	8 through 203, a child-custody determination made under this
818	818	9 Section becomes a final determination, if it so provides and
819	819	10 this State becomes the home state of the child.
820	820	11 (c) If there is a previous child-custody determination
821	821	12 that is entitled to be enforced under this Act, or a
822	822	13 child-custody proceeding has been commenced in a court of a
823	823	14 state having jurisdiction under Sections 201 through 203, any
824	824	15 order issued by a court of this State under this Section must
825	825	16 specify in the order a period that the court considers
826	826	17 adequate to allow the person seeking an order to obtain an
827	827	18 order from the state having jurisdiction under Sections 201
828	828	19 through 203. The order issued in this State remains in effect
829	829	20 until an order is obtained from the other state within the
830	830	21 period specified or the period expires.
831	831	22 (d) A court of this State which has been asked to make a
832	832	23 child-custody determination under this Section, upon being
833	833	24 informed that a child-custody proceeding has been commenced
834	834	25 in, or a child-custody determination has been made by, a court
835	835	26 of a state having jurisdiction under Sections 201 through 203,
836	836
837	837
838	838
839	839
840	840
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842	842
843	843
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845	845	HB5548 - 23 - LRB103 38744 JRC 68881 b
846	846	1 shall immediately communicate with the other court. A court of
847	847	2 this State which is exercising jurisdiction pursuant to
848	848	3 Sections 201 through 203, upon being informed that a
849	849	4 child-custody proceeding has been commenced in, or a
850	850	5 child-custody determination has been made by, a court of
851	851	6 another state under a statute similar to this Section shall
852	852	7 immediately communicate with the court of that state to
853	853	8 resolve the emergency, protect the safety of the parties and
854	854	9 the child, and determine a period for the duration of the
855	855	10 temporary order.
856	856	11 (Source: P.A. 93-108, eff. 1-1-04.)
857	857	12 (750 ILCS 36/207)
858	858	13 Sec. 207. Inconvenient Forum.
859	859	14 (a) A court of this State which has jurisdiction under
860	860	15 this Act to make a child-custody determination may decline to
861	861	16 exercise its jurisdiction at any time if it determines that it
862	862	17 is an inconvenient forum under the circumstances and that a
863	863	18 court of another state is a more appropriate forum. The issue
864	864	19 of inconvenient forum may be raised upon motion of a party, the
865	865	20 court's own motion, or request of another court.
866	866	21 (b) Before determining whether it is an inconvenient
867	867	22 forum, a court of this State shall consider whether it is
868	868	23 appropriate for a court of another state to exercise
869	869	24 jurisdiction. For this purpose, the court shall allow the
870	870	25 parties to submit information and shall consider all relevant
871	871
872	872
873	873
874	874
875	875
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877	877
878	878
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880	880	HB5548 - 24 - LRB103 38744 JRC 68881 b
881	881	1 factors, including:
882	882	2 (1) whether domestic violence has occurred and is
883	883	3 likely to continue in the future and which state could
884	884	4 best protect the parties and the child;
885	885	5 (2) the length of time the child has resided outside
886	886	6 this State;
887	887	7 (3) the distance between the court in this State and
888	888	8 the court in the state that would assume jurisdiction;
889	889	9 (4) the relative financial circumstances of the
890	890	10 parties;
891	891	11 (5) any agreement of the parties as to which state
892	892	12 should assume jurisdiction;
893	893	13 (6) the nature and location of the evidence required
894	894	14 to resolve the pending litigation, including testimony of
895	895	15 the child;
896	896	16 (7) the ability of the court of each state to decide
897	897	17 the issue expeditiously and the procedures necessary to
898	898	18 present the evidence; and
899	899	19 (8) the familiarity of the court of each state with
900	900	20 the facts and issues in the pending litigation.
901	901	21 (c) If a court of this State determines that it is an
902	902	22 inconvenient forum and that a court of another state is a more
903	903	23 appropriate forum, it shall stay the proceedings upon
904	904	24 condition that a child-custody proceeding be promptly
905	905	25 commenced in another designated state and may impose any other
906	906	26 condition the court considers just and proper.
907	907
908	908
909	909
910	910
911	911
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913	913
914	914
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916	916	HB5548 - 25 - LRB103 38744 JRC 68881 b
917	917	1 (d) A court of this State may decline to exercise its
918	918	2 jurisdiction under this Act if a child-custody determination
919	919	3 is incidental to an action for divorce or another proceeding
920	920	4 while still retaining jurisdiction over the divorce or other
921	921	5 proceeding.
922	922	6 (e) In a case where the provision of lawful health care to
923	923	7 the child is at issue, a court of this State shall not
924	924	8 determine that it is an inconvenient forum and must find that
925	925	9 it is a more appropriate forum where the law or policy of the
926	926	10 other state that may take jurisdiction limits the ability of a
927	927	11 parent or person acting as a parent to obtain lawful health
928	928	12 care for their child.
929	929	13 (Source: P.A. 93-108, eff. 1-1-04.)
930	930	14 (750 ILCS 36/208)
931	931	15 Sec. 208. Jurisdiction Declined By Reason Of Conduct.
932	932	16 (a) Except as otherwise provided in Section 204 or by
933	933	17 other law of this State, if a court of this State has
934	934	18 jurisdiction under this Act because a person seeking to invoke
935	935	19 its jurisdiction has engaged in unjustifiable conduct, the
936	936	20 court shall decline to exercise its jurisdiction unless:
937	937	21 (1) the parents and all persons acting as parents have
938	938	22 acquiesced in the exercise of jurisdiction;
939	939	23 (2) a court of the state otherwise having jurisdiction
940	940	24 under Sections 201 through 203 determines that this State
941	941	25 is a more appropriate forum under Section 207; or
942	942
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952	952	1 (3) no court of any other state would have
953	953	2 jurisdiction under the criteria specified in Sections 201
954	954	3 through 203.
955	955	4 (b) If a court of this State declines to exercise its
956	956	5 jurisdiction pursuant to subsection (a), it may fashion an
957	957	6 appropriate remedy to ensure the safety of the child and
958	958	7 prevent a repetition of the unjustifiable conduct, including
959	959	8 staying the proceeding until a child-custody proceeding is
960	960	9 commenced in a court having jurisdiction under Sections 201
961	961	10 through 203.
962	962	11 (c) If a court dismisses a petition or stays a proceeding
963	963	12 because it declines to exercise its jurisdiction pursuant to
964	964	13 subsection (a), it shall assess against the party seeking to
965	965	14 invoke its jurisdiction necessary and reasonable expenses
966	966	15 including costs, communication expenses, attorney's fees,
967	967	16 investigative fees, expenses for witnesses, travel expenses,
968	968	17 and child care during the course of the proceedings, unless
969	969	18 the party from whom fees are sought establishes that the
970	970	19 assessment would be clearly inappropriate. The court may not
971	971	20 assess fees, costs, or expenses against this State unless
972	972	21 authorized by law other than this Act.
973	973	22 (d) In making a determination under this Section, a court
974	974	23 shall not consider as a factor weighing against the petitioner
975	975	24 any taking of the child, or retention of the child after a
976	976	25 visit or other temporary relinquishment of physical custody,
977	977	26 from the person who has legal custody, if there is a finding
978	978
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988	988	1 that the taking or retention of the child was to protect the
989	989	2 petitioner from domestic violence or the child or sibling from
990	990	3 mistreatment or abuse, or for the purposes of obtaining lawful
991	991	4 health care for the child and the law or policy of the other
992	992	5 state limits the ability of a parent to obtain such lawful
993	993	6 health care for their child.
994	994	7 (Source: P.A. 93-108, eff. 1-1-04.)
995	995	8 (750 ILCS 36/313.1 new)
996	996	9 Sec. 313.1. Legislative declaration of public policy. A
997	997	10 law of another state that authorizes the removal of a child
998	998	11 from a parent or person acting as a parent based on the parent
999	999	12 or person acting as a parent allowing a child to receive lawful
1000	1000	13 health care is against the public policy of this State and
1001	1001	14 shall not be enforced or applied in a case pending in a court
1002	1002	15 in this State.
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