Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2749 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 SB2749 Introduced 1/16/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-27 from Ch. 37, par. 802-27750 ILCS 5/203 from Ch. 40, par. 203750 ILCS 5/212 from Ch. 40, par. 212750 ILCS 5/301 from Ch. 40, par. 301750 ILCS 5/302 from Ch. 40, par. 302750 ILCS 5/403 from Ch. 40, par. 403 Amends the Illinois Marriage and Dissolution of Marriage Act. Prohibits the marriage of any person under the age of 18. Makes conforming changes in the Act and in the Juvenile Court Act of 1987. LRB103 35885 LNS 65970 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2749 Introduced 1/16/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-27 from Ch. 37, par. 802-27750 ILCS 5/203 from Ch. 40, par. 203750 ILCS 5/212 from Ch. 40, par. 212750 ILCS 5/301 from Ch. 40, par. 301750 ILCS 5/302 from Ch. 40, par. 302750 ILCS 5/403 from Ch. 40, par. 403 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-27 from Ch. 37, par. 802-27 750 ILCS 5/203 from Ch. 40, par. 203 750 ILCS 5/212 from Ch. 40, par. 212 750 ILCS 5/301 from Ch. 40, par. 301 750 ILCS 5/302 from Ch. 40, par. 302 750 ILCS 5/403 from Ch. 40, par. 403 Amends the Illinois Marriage and Dissolution of Marriage Act. Prohibits the marriage of any person under the age of 18. Makes conforming changes in the Act and in the Juvenile Court Act of 1987. LRB103 35885 LNS 65970 b LRB103 35885 LNS 65970 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2749 Introduced 1/16/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-27 from Ch. 37, par. 802-27750 ILCS 5/203 from Ch. 40, par. 203750 ILCS 5/212 from Ch. 40, par. 212750 ILCS 5/301 from Ch. 40, par. 301750 ILCS 5/302 from Ch. 40, par. 302750 ILCS 5/403 from Ch. 40, par. 403 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-27 from Ch. 37, par. 802-27 750 ILCS 5/203 from Ch. 40, par. 203 750 ILCS 5/212 from Ch. 40, par. 212 750 ILCS 5/301 from Ch. 40, par. 301 750 ILCS 5/302 from Ch. 40, par. 302 750 ILCS 5/403 from Ch. 40, par. 403
4	4	705 ILCS 405/1-3 from Ch. 37, par. 801-3
5	5	705 ILCS 405/2-27 from Ch. 37, par. 802-27
6	6	750 ILCS 5/203 from Ch. 40, par. 203
7	7	750 ILCS 5/212 from Ch. 40, par. 212
8	8	750 ILCS 5/301 from Ch. 40, par. 301
9	9	750 ILCS 5/302 from Ch. 40, par. 302
10	10	750 ILCS 5/403 from Ch. 40, par. 403
11	11	Amends the Illinois Marriage and Dissolution of Marriage Act. Prohibits the marriage of any person under the age of 18. Makes conforming changes in the Act and in the Juvenile Court Act of 1987.
12	12	LRB103 35885 LNS 65970 b LRB103 35885 LNS 65970 b
13	13	LRB103 35885 LNS 65970 b
14	14	A BILL FOR
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16	16	SB2749 LRB103 35885 LNS 65970 b
17	17	1 AN ACT concerning civil law.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 5. The Juvenile Court Act of 1987 is amended by
21	21	5 changing Sections 1-3 and 2-27 as follows:
22	22	6 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
23	23	7 Sec. 1-3. Definitions. Terms used in this Act, unless the
24	24	8 context otherwise requires, have the following meanings
25	25	9 ascribed to them:
26	26	10 (1) "Adjudicatory hearing" means a hearing to determine
27	27	11 whether the allegations of a petition under Section 2-13,
28	28	12 3-15, or 4-12 that a minor under 18 years of age is abused,
29	29	13 neglected, or dependent, or requires authoritative
30	30	14 intervention, or addicted, respectively, are supported by a
31	31	15 preponderance of the evidence or whether the allegations of a
32	32	16 petition under Section 5-520 that a minor is delinquent are
33	33	17 proved beyond a reasonable doubt.
34	34	18 (2) "Adult" means a person 21 years of age or older.
35	35	19 (3) "Agency" means a public or private child care facility
36	36	20 legally authorized or licensed by this State for placement or
37	37	21 institutional care or for both placement and institutional
38	38	22 care.
39	39	23 (4) "Association" means any organization, public or
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43	43	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2749 Introduced 1/16/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
44	44	705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-27 from Ch. 37, par. 802-27750 ILCS 5/203 from Ch. 40, par. 203750 ILCS 5/212 from Ch. 40, par. 212750 ILCS 5/301 from Ch. 40, par. 301750 ILCS 5/302 from Ch. 40, par. 302750 ILCS 5/403 from Ch. 40, par. 403 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-27 from Ch. 37, par. 802-27 750 ILCS 5/203 from Ch. 40, par. 203 750 ILCS 5/212 from Ch. 40, par. 212 750 ILCS 5/301 from Ch. 40, par. 301 750 ILCS 5/302 from Ch. 40, par. 302 750 ILCS 5/403 from Ch. 40, par. 403
45	45	705 ILCS 405/1-3 from Ch. 37, par. 801-3
46	46	705 ILCS 405/2-27 from Ch. 37, par. 802-27
47	47	750 ILCS 5/203 from Ch. 40, par. 203
48	48	750 ILCS 5/212 from Ch. 40, par. 212
49	49	750 ILCS 5/301 from Ch. 40, par. 301
50	50	750 ILCS 5/302 from Ch. 40, par. 302
51	51	750 ILCS 5/403 from Ch. 40, par. 403
52	52	Amends the Illinois Marriage and Dissolution of Marriage Act. Prohibits the marriage of any person under the age of 18. Makes conforming changes in the Act and in the Juvenile Court Act of 1987.
53	53	LRB103 35885 LNS 65970 b LRB103 35885 LNS 65970 b
54	54	LRB103 35885 LNS 65970 b
55	55	A BILL FOR
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61	61	705 ILCS 405/1-3 from Ch. 37, par. 801-3
62	62	705 ILCS 405/2-27 from Ch. 37, par. 802-27
63	63	750 ILCS 5/203 from Ch. 40, par. 203
64	64	750 ILCS 5/212 from Ch. 40, par. 212
65	65	750 ILCS 5/301 from Ch. 40, par. 301
66	66	750 ILCS 5/302 from Ch. 40, par. 302
67	67	750 ILCS 5/403 from Ch. 40, par. 403
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86	86	1 private, engaged in welfare functions which include services
87	87	2 to or on behalf of children but does not include "agency" as
88	88	3 herein defined.
89	89	4 (4.05) Whenever a "best interest" determination is
90	90	5 required, the following factors shall be considered in the
91	91	6 context of the child's age and developmental needs:
92	92	7 (a) the physical safety and welfare of the child,
93	93	8 including food, shelter, health, and clothing;
94	94	9 (b) the development of the child's identity;
95	95	10 (c) the child's background and ties, including
96	96	11 familial, cultural, and religious;
97	97	12 (d) the child's sense of attachments, including:
98	98	13 (i) where the child actually feels love,
99	99	14 attachment, and a sense of being valued (as opposed to
100	100	15 where adults believe the child should feel such love,
101	101	16 attachment, and a sense of being valued);
102	102	17 (ii) the child's sense of security;
103	103	18 (iii) the child's sense of familiarity;
104	104	19 (iv) continuity of affection for the child;
105	105	20 (v) the least disruptive placement alternative for
106	106	21 the child;
107	107	22 (e) the child's wishes and long-term goals;
108	108	23 (f) the child's community ties, including church,
109	109	24 school, and friends;
110	110	25 (g) the child's need for permanence which includes the
111	111	26 child's need for stability and continuity of relationships
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122	122	1 with parent figures and with siblings and other relatives;
123	123	2 (h) the uniqueness of every family and child;
124	124	3 (i) the risks attendant to entering and being in
125	125	4 substitute care; and
126	126	5 (j) the preferences of the persons available to care
127	127	6 for the child.
128	128	7 (4.1) "Chronic truant" shall have the definition ascribed
129	129	8 to it in Section 26-2a of the School Code.
130	130	9 (5) "Court" means the circuit court in a session or
131	131	10 division assigned to hear proceedings under this Act.
132	132	11 (6) "Dispositional hearing" means a hearing to determine
133	133	12 whether a minor should be adjudged to be a ward of the court,
134	134	13 and to determine what order of disposition should be made in
135	135	14 respect to a minor adjudged to be a ward of the court.
136	136	15 (6.5) "Dissemination" or "disseminate" means to publish,
137	137	16 produce, print, manufacture, distribute, sell, lease, exhibit,
138	138	17 broadcast, display, transmit, or otherwise share information
139	139	18 in any format so as to make the information accessible to
140	140	19 others.
141	141	20 (7) "Emancipated minor" means any minor 16 years of age or
142	142	21 over who has been completely or partially emancipated under
143	143	22 the Emancipation of Minors Act or under this Act.
144	144	23 (7.03) "Expunge" means to physically destroy the records
145	145	24 and to obliterate the minor's name from any official index,
146	146	25 public record, or electronic database.
147	147	26 (7.05) "Foster parent" includes a relative caregiver
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158	158	1 selected by the Department of Children and Family Services to
159	159	2 provide care for the minor.
160	160	3 (8) "Guardianship of the person" of a minor means the duty
161	161	4 and authority to act in the best interests of the minor,
162	162	5 subject to residual parental rights and responsibilities, to
163	163	6 make important decisions in matters having a permanent effect
164	164	7 on the life and development of the minor and to be concerned
165	165	8 with the minor's general welfare. It includes but is not
166	166	9 necessarily limited to:
167	167	10 (a) the authority to consent to marriage, to
168	168	11 enlistment in the armed forces of the United States, or to
169	169	12 a major medical, psychiatric, and surgical treatment; to
170	170	13 represent the minor in legal actions; and to make other
171	171	14 decisions of substantial legal significance concerning the
172	172	15 minor;
173	173	16 (b) the authority and duty of reasonable visitation,
174	174	17 except to the extent that these have been limited in the
175	175	18 best interests of the minor by court order;
176	176	19 (c) the rights and responsibilities of legal custody
177	177	20 except where legal custody has been vested in another
178	178	21 person or agency; and
179	179	22 (d) the power to consent to the adoption of the minor,
180	180	23 but only if expressly conferred on the guardian in
181	181	24 accordance with Section 2-29, 3-30, or 4-27.
182	182	25 (8.1) "Juvenile court record" includes, but is not limited
183	183	26 to:
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194	194	1 (a) all documents filed in or maintained by the
195	195	2 juvenile court pertaining to a specific incident,
196	196	3 proceeding, or individual;
197	197	4 (b) all documents relating to a specific incident,
198	198	5 proceeding, or individual made available to or maintained
199	199	6 by probation officers;
200	200	7 (c) all documents, video or audio tapes, photographs,
201	201	8 and exhibits admitted into evidence at juvenile court
202	202	9 hearings; or
203	203	10 (d) all documents, transcripts, records, reports, or
204	204	11 other evidence prepared by, maintained by, or released by
205	205	12 any municipal, county, or State agency or department, in
206	206	13 any format, if indicating involvement with the juvenile
207	207	14 court relating to a specific incident, proceeding, or
208	208	15 individual.
209	209	16 (8.2) "Juvenile law enforcement record" includes records
210	210	17 of arrest, station adjustments, fingerprints, probation
211	211	18 adjustments, the issuance of a notice to appear, or any other
212	212	19 records or documents maintained by any law enforcement agency
213	213	20 relating to a minor suspected of committing an offense, and
214	214	21 records maintained by a law enforcement agency that identifies
215	215	22 a juvenile as a suspect in committing an offense, but does not
216	216	23 include records identifying a juvenile as a victim, witness,
217	217	24 or missing juvenile and any records created, maintained, or
218	218	25 used for purposes of referral to programs relating to
219	219	26 diversion as defined in subsection (6) of Section 5-105.
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230	230	1 (9) "Legal custody" means the relationship created by an
231	231	2 order of court in the best interests of the minor which imposes
232	232	3 on the custodian the responsibility of physical possession of
233	233	4 a minor and the duty to protect, train, and discipline the
234	234	5 minor and to provide the minor with food, shelter, education,
235	235	6 and ordinary medical care, except as these are limited by
236	236	7 residual parental rights and responsibilities and the rights
237	237	8 and responsibilities of the guardian of the person, if any.
238	238	9 (9.1) "Mentally capable adult relative" means a person 21
239	239	10 years of age or older who is not suffering from a mental
240	240	11 illness that prevents the person from providing the care
241	241	12 necessary to safeguard the physical safety and welfare of a
242	242	13 minor who is left in that person's care by the parent or
243	243	14 parents or other person responsible for the minor's welfare.
244	244	15 (10) "Minor" means a person under the age of 21 years
245	245	16 subject to this Act.
246	246	17 (11) "Parent" means a father or mother of a child and
247	247	18 includes any adoptive parent. It also includes a person (i)
248	248	19 whose parentage is presumed or has been established under the
249	249	20 law of this or another jurisdiction or (ii) who has registered
250	250	21 with the Putative Father Registry in accordance with Section
251	251	22 12.1 of the Adoption Act and whose paternity has not been ruled
252	252	23 out under the law of this or another jurisdiction. It does not
253	253	24 include a parent whose rights in respect to the minor have been
254	254	25 terminated in any manner provided by law. It does not include a
255	255	26 person who has been or could be determined to be a parent under
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266	266	1 the Illinois Parentage Act of 1984 or the Illinois Parentage
267	267	2 Act of 2015, or similar parentage law in any other state, if
268	268	3 that person has been convicted of or pled nolo contendere to a
269	269	4 crime that resulted in the conception of the child under
270	270	5 Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
271	271	6 12-14.1, subsection (a) or (b) (but not subsection (c)) of
272	272	7 Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
273	273	8 (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
274	274	9 Criminal Code of 1961 or the Criminal Code of 2012, or similar
275	275	10 statute in another jurisdiction unless upon motion of any
276	276	11 party, other than the offender, to the juvenile court
277	277	12 proceedings the court finds it is in the child's best interest
278	278	13 to deem the offender a parent for purposes of the juvenile
279	279	14 court proceedings.
280	280	15 (11.1) "Permanency goal" means a goal set by the court as
281	281	16 defined in subdivision (2) of Section 2-28.
282	282	17 (11.2) "Permanency hearing" means a hearing to set the
283	283	18 permanency goal and to review and determine (i) the
284	284	19 appropriateness of the services contained in the plan and
285	285	20 whether those services have been provided, (ii) whether
286	286	21 reasonable efforts have been made by all the parties to the
287	287	22 service plan to achieve the goal, and (iii) whether the plan
288	288	23 and goal have been achieved.
289	289	24 (12) "Petition" means the petition provided for in Section
290	290	25 2-13, 3-15, 4-12, or 5-520, including any supplemental
291	291	26 petitions thereunder in Section 3-15, 4-12, or 5-520.
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302	302	1 (12.1) "Physically capable adult relative" means a person
303	303	2 21 years of age or older who does not have a severe physical
304	304	3 disability or medical condition, or is not suffering from
305	305	4 alcoholism or drug addiction, that prevents the person from
306	306	5 providing the care necessary to safeguard the physical safety
307	307	6 and welfare of a minor who is left in that person's care by the
308	308	7 parent or parents or other person responsible for the minor's
309	309	8 welfare.
310	310	9 (12.2) "Post Permanency Sibling Contact Agreement" has the
311	311	10 meaning ascribed to the term in Section 7.4 of the Children and
312	312	11 Family Services Act.
313	313	12 (12.3) "Residential treatment center" means a licensed
314	314	13 setting that provides 24-hour care to children in a group home
315	315	14 or institution, including a facility licensed as a child care
316	316	15 institution under Section 2.06 of the Child Care Act of 1969, a
317	317	16 licensed group home under Section 2.16 of the Child Care Act of
318	318	17 1969, a qualified residential treatment program under Section
319	319	18 2.35 of the Child Care Act of 1969, a secure child care
320	320	19 facility as defined in paragraph (18) of this Section, or any
321	321	20 similar facility in another state. "Residential treatment
322	322	21 center" does not include a relative foster home or a licensed
323	323	22 foster family home.
324	324	23 (13) "Residual parental rights and responsibilities" means
325	325	24 those rights and responsibilities remaining with the parent
326	326	25 after the transfer of legal custody or guardianship of the
327	327	26 person, including, but not necessarily limited to, the right
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338	338	1 to reasonable visitation (which may be limited by the court in
339	339	2 the best interests of the minor as provided in subsection
340	340	3 (8)(b) of this Section), the right to consent to adoption, the
341	341	4 right to determine the minor's religious affiliation, and the
342	342	5 responsibility for the minor's support.
343	343	6 (14) "Shelter" means the temporary care of a minor in
344	344	7 physically unrestricting facilities pending court disposition
345	345	8 or execution of court order for placement.
346	346	9 (14.05) "Shelter placement" means a temporary or emergency
347	347	10 placement for a minor, including an emergency foster home
348	348	11 placement.
349	349	12 (14.1) "Sibling Contact Support Plan" has the meaning
350	350	13 ascribed to the term in Section 7.4 of the Children and Family
351	351	14 Services Act.
352	352	15 (14.2) "Significant event report" means a written document
353	353	16 describing an occurrence or event beyond the customary
354	354	17 operations, routines, or relationships in the Department of
355	355	18 Children of Family Services, a child care facility, or other
356	356	19 entity that is licensed or regulated by the Department of
357	357	20 Children of Family Services or that provides services for the
358	358	21 Department of Children of Family Services under a grant,
359	359	22 contract, or purchase of service agreement; involving children
360	360	23 or youth, employees, foster parents, or relative caregivers;
361	361	24 allegations of abuse or neglect or any other incident raising
362	362	25 a concern about the well-being of a minor under the
363	363	26 jurisdiction of the court under Article II of the Juvenile
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374	374	1 Court Act of 1987; incidents involving damage to property,
375	375	2 allegations of criminal activity, misconduct, or other
376	376	3 occurrences affecting the operations of the Department of
377	377	4 Children of Family Services or a child care facility; any
378	378	5 incident that could have media impact; and unusual incidents
379	379	6 as defined by Department of Children and Family Services rule.
380	380	7 (15) "Station adjustment" means the informal handling of
381	381	8 an alleged offender by a juvenile police officer.
382	382	9 (16) "Ward of the court" means a minor who is so adjudged
383	383	10 under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
384	384	11 the requisite jurisdictional facts, and thus is subject to the
385	385	12 dispositional powers of the court under this Act.
386	386	13 (17) "Juvenile police officer" means a sworn police
387	387	14 officer who has completed a Basic Recruit Training Course, has
388	388	15 been assigned to the position of juvenile police officer by
389	389	16 the officer's chief law enforcement officer and has completed
390	390	17 the necessary juvenile officers training as prescribed by the
391	391	18 Illinois Law Enforcement Training Standards Board, or in the
392	392	19 case of a State police officer, juvenile officer training
393	393	20 approved by the Director of the Illinois State Police.
394	394	21 (18) "Secure child care facility" means any child care
395	395	22 facility licensed by the Department of Children and Family
396	396	23 Services to provide secure living arrangements for children
397	397	24 under 18 years of age who are subject to placement in
398	398	25 facilities under the Children and Family Services Act and who
399	399	26 are not subject to placement in facilities for whom standards
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410	410	1 are established by the Department of Corrections under Section
411	411	2 3-15-2 of the Unified Code of Corrections. "Secure child care
412	412	3 facility" also means a facility that is designed and operated
413	413	4 to ensure that all entrances and exits from the facility, a
414	414	5 building, or a distinct part of the building are under the
415	415	6 exclusive control of the staff of the facility, whether or not
416	416	7 the child has the freedom of movement within the perimeter of
417	417	8 the facility, building, or distinct part of the building.
418	418	9 (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
419	419	10 103-564, eff. 11-17-23.)
420	420	11 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
421	421	12 Sec. 2-27. Placement; legal custody or guardianship.
422	422	13 (1) If the court determines and puts in writing the
423	423	14 factual basis supporting the determination of whether the
424	424	15 parents, guardian, or legal custodian of a minor adjudged a
425	425	16 ward of the court are unfit or are unable, for some reason
426	426	17 other than financial circumstances alone, to care for,
427	427	18 protect, train, or discipline the minor or are unwilling to do
428	428	19 so, and that the health, safety, and best interest of the minor
429	429	20 will be jeopardized if the minor remains in the custody of the
430	430	21 minor's parents, guardian, or custodian, the court may at this
431	431	22 hearing and at any later point:
432	432	23 (a) place the minor in the custody of a suitable
433	433	24 relative or other person as legal custodian or guardian;
434	434	25 (a-5) with the approval of the Department of Children
435	435
436	436
437	437
438	438
439	439
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441	441
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444	444	SB2749 - 12 - LRB103 35885 LNS 65970 b
445	445	1 and Family Services, place the minor in the subsidized
446	446	2 guardianship of a suitable relative or other person as
447	447	3 legal guardian; "subsidized guardianship" means a private
448	448	4 guardianship arrangement for children for whom the
449	449	5 permanency goals of return home and adoption have been
450	450	6 ruled out and who meet the qualifications for subsidized
451	451	7 guardianship as defined by the Department of Children and
452	452	8 Family Services in administrative rules;
453	453	9 (b) place the minor under the guardianship of a
454	454	10 probation officer;
455	455	11 (c) commit the minor to an agency for care or
456	456	12 placement, except an institution under the authority of
457	457	13 the Department of Corrections or of the Department of
458	458	14 Children and Family Services;
459	459	15 (d) on and after the effective date of this amendatory
460	460	16 Act of the 98th General Assembly and before January 1,
461	461	17 2017, commit the minor to the Department of Children and
462	462	18 Family Services for care and service; however, a minor
463	463	19 charged with a criminal offense under the Criminal Code of
464	464	20 1961 or the Criminal Code of 2012 or adjudicated
465	465	21 delinquent shall not be placed in the custody of or
466	466	22 committed to the Department of Children and Family
467	467	23 Services by any court, except (i) a minor less than 16
468	468	24 years of age and committed to the Department of Children
469	469	25 and Family Services under Section 5-710 of this Act, (ii)
470	470	26 a minor under the age of 18 for whom an independent basis
471	471
472	472
473	473
474	474
475	475
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477	477
478	478
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481	481	1 of abuse, neglect, or dependency exists, or (iii) a minor
482	482	2 for whom the court has granted a supplemental petition to
483	483	3 reinstate wardship pursuant to subsection (2) of Section
484	484	4 2-33 of this Act. On and after January 1, 2017, commit the
485	485	5 minor to the Department of Children and Family Services
486	486	6 for care and service; however, a minor charged with a
487	487	7 criminal offense under the Criminal Code of 1961 or the
488	488	8 Criminal Code of 2012 or adjudicated delinquent shall not
489	489	9 be placed in the custody of or committed to the Department
490	490	10 of Children and Family Services by any court, except (i) a
491	491	11 minor less than 15 years of age and committed to the
492	492	12 Department of Children and Family Services under Section
493	493	13 5-710 of this Act, (ii) a minor under the age of 18 for
494	494	14 whom an independent basis of abuse, neglect, or dependency
495	495	15 exists, or (iii) a minor for whom the court has granted a
496	496	16 supplemental petition to reinstate wardship pursuant to
497	497	17 subsection (2) of Section 2-33 of this Act. An independent
498	498	18 basis exists when the allegations or adjudication of
499	499	19 abuse, neglect, or dependency do not arise from the same
500	500	20 facts, incident, or circumstances which give rise to a
501	501	21 charge or adjudication of delinquency. The Department
502	502	22 shall be given due notice of the pendency of the action and
503	503	23 the Guardianship Administrator of the Department of
504	504	24 Children and Family Services shall be appointed guardian
505	505	25 of the person of the minor. Whenever the Department seeks
506	506	26 to discharge a minor from its care and service, the
507	507
508	508
509	509
510	510
511	511
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513	513
514	514
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516	516	SB2749 - 14 - LRB103 35885 LNS 65970 b
517	517	1 Guardianship Administrator shall petition the court for an
518	518	2 order terminating guardianship. The Guardianship
519	519	3 Administrator may designate one or more other officers of
520	520	4 the Department, appointed as Department officers by
521	521	5 administrative order of the Department Director,
522	522	6 authorized to affix the signature of the Guardianship
523	523	7 Administrator to documents affecting the guardian-ward
524	524	8 relationship of children for whom the Guardianship
525	525	9 Administrator has been appointed guardian at such times as
526	526	10 the Guardianship Administrator is unable to perform the
527	527	11 duties of the Guardianship Administrator office. The
528	528	12 signature authorization shall include, but not be limited
529	529	13 to, matters of consent of marriage, enlistment in the
530	530	14 armed forces, legal proceedings, adoption, major medical
531	531	15 and surgical treatment, and application for driver's
532	532	16 license. Signature authorizations made pursuant to the
533	533	17 provisions of this paragraph shall be filed with the
534	534	18 Secretary of State and the Secretary of State shall
535	535	19 provide upon payment of the customary fee, certified
536	536	20 copies of the authorization to any court or individual who
537	537	21 requests a copy.
538	538	22 (1.5) In making a determination under this Section, the
539	539	23 court shall also consider whether, based on health, safety,
540	540	24 and the best interests of the minor,
541	541	25 (a) appropriate services aimed at family preservation
542	542	26 and family reunification have been unsuccessful in
543	543
544	544
545	545
546	546
547	547
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549	549
550	550
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552	552	SB2749 - 15 - LRB103 35885 LNS 65970 b
553	553	1 rectifying the conditions that have led to a finding of
554	554	2 unfitness or inability to care for, protect, train, or
555	555	3 discipline the minor, or
556	556	4 (b) no family preservation or family reunification
557	557	5 services would be appropriate,
558	558	6 and if the petition or amended petition contained an
559	559	7 allegation that the parent is an unfit person as defined in
560	560	8 subdivision (D) of Section 1 of the Adoption Act, and the order
561	561	9 of adjudication recites that parental unfitness was
562	562	10 established by clear and convincing evidence, the court shall,
563	563	11 when appropriate and in the best interest of the minor, enter
564	564	12 an order terminating parental rights and appointing a guardian
565	565	13 with power to consent to adoption in accordance with Section
566	566	14 2-29.
567	567	15 When making a placement, the court, wherever possible,
568	568	16 shall require the Department of Children and Family Services
569	569	17 to select a person holding the same religious belief as that of
570	570	18 the minor or a private agency controlled by persons of like
571	571	19 religious faith of the minor and shall require the Department
572	572	20 to otherwise comply with Section 7 of the Children and Family
573	573	21 Services Act in placing the child. In addition, whenever
574	574	22 alternative plans for placement are available, the court shall
575	575	23 ascertain and consider, to the extent appropriate in the
576	576	24 particular case, the views and preferences of the minor.
577	577	25 (2) When a minor is placed with a suitable relative or
578	578	26 other person pursuant to item (a) of subsection (1), the court
579	579
580	580
581	581
582	582
583	583
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585	585
586	586
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588	588	SB2749 - 16 - LRB103 35885 LNS 65970 b
589	589	1 shall appoint the suitable relative or other person the legal
590	590	2 custodian or guardian of the person of the minor. When a minor
591	591	3 is committed to any agency, the court shall appoint the proper
592	592	4 officer or representative thereof as legal custodian or
593	593	5 guardian of the person of the minor. Legal custodians and
594	594	6 guardians of the person of the minor have the respective
595	595	7 rights and duties set forth in subsection (9) of Section 1-3
596	596	8 except as otherwise provided by order of court; but no
597	597	9 guardian of the person may consent to adoption of the minor
598	598	10 unless that authority is conferred upon the guardian in
599	599	11 accordance with Section 2-29. An agency whose representative
600	600	12 is appointed guardian of the person or legal custodian of the
601	601	13 minor may place the minor in any child care facility, but the
602	602	14 facility must be licensed under the Child Care Act of 1969 or
603	603	15 have been approved by the Department of Children and Family
604	604	16 Services as meeting the standards established for such
605	605	17 licensing. No agency may place a minor adjudicated under
606	606	18 Sections 2-3 or 2-4 in a child care facility unless the
607	607	19 placement is in compliance with the rules and regulations for
608	608	20 placement under this Section promulgated by the Department of
609	609	21 Children and Family Services under Section 5 of the Children
610	610	22 and Family Services Act. Like authority and restrictions shall
611	611	23 be conferred by the court upon any probation officer who has
612	612	24 been appointed guardian of the person of a minor.
613	613	25 (3) No placement by any probation officer or agency whose
614	614	26 representative is appointed guardian of the person or legal
615	615
616	616
617	617
618	618
619	619
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621	621
622	622
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624	624	SB2749 - 17 - LRB103 35885 LNS 65970 b
625	625	1 custodian of a minor may be made in any out of State child care
626	626	2 facility unless it complies with the Interstate Compact on the
627	627	3 Placement of Children. Placement with a parent, however, is
628	628	4 not subject to that Interstate Compact.
629	629	5 (4) The clerk of the court shall issue to the legal
630	630	6 custodian or guardian of the person a certified copy of the
631	631	7 order of court, as proof of the legal custodian's or
632	632	8 guardian's authority. No other process is necessary as
633	633	9 authority for the keeping of the minor.
634	634	10 (5) Custody or guardianship granted under this Section
635	635	11 continues until the court otherwise directs, but not after the
636	636	12 minor reaches the age of 19 years except as set forth in
637	637	13 Section 2-31, or if the minor was previously committed to the
638	638	14 Department of Children and Family Services for care and
639	639	15 service and the court has granted a supplemental petition to
640	640	16 reinstate wardship pursuant to subsection (2) of Section 2-33.
641	641	17 (6) (Blank).
642	642	18 (Source: P.A. 103-22, eff. 8-8-23.)
643	643	19 Section 10. The Illinois Marriage and Dissolution of
644	644	20 Marriage Act is amended by changing Sections 203, 212, 301,
645	645	21 302, and 403 as follows:
646	646	22 (750 ILCS 5/203) (from Ch. 40, par. 203)
647	647	23 Sec. 203. License to Marry. When a marriage application
648	648	24 has been completed and signed by both parties to a prospective
649	649
650	650
651	651
652	652
653	653
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655	655
656	656
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658	658	SB2749 - 18 - LRB103 35885 LNS 65970 b
659	659	1 marriage and both parties have appeared before the county
660	660	2 clerk and the marriage license fee has been paid, the county
661	661	3 clerk shall issue a license to marry and a marriage
662	662	4 certificate form upon being furnished:
663	663	5 (1) satisfactory proof that each party to the marriage
664	664	6 has will have attained the age of 18 years at the time the
665	665	7 marriage license is effective or will have attained the
666	666	8 age of 16 years and has either the consent to the marriage
667	667	9 of both parents or his guardian or judicial approval;
668	668	10 provided, if one parent cannot be located in order to
669	669	11 obtain such consent and diligent efforts have been made to
670	670	12 locate that parent by the consenting parent, then the
671	671	13 consent of one parent plus a signed affidavit by the
672	672	14 consenting parent which (i) names the absent parent and
673	673	15 states that he or she cannot be located, and (ii) states
674	674	16 what diligent efforts have been made to locate the absent
675	675	17 parent, shall have the effect of both parents' consent for
676	676	18 purposes of this Section;
677	677	19 (2) satisfactory proof that the marriage is not
678	678	20 prohibited; and
679	679	21 (3) an affidavit or record as prescribed in
680	680	22 subparagraph (1) of Section 205 or a court order as
681	681	23 prescribed in subparagraph (2) of Section 205, if
682	682	24 applicable.
683	683	25 With each marriage license, the county clerk shall provide
684	684	26 a pamphlet describing the causes and effects of fetal alcohol
685	685
686	686
687	687
688	688
689	689
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691	691
692	692
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694	694	SB2749 - 19 - LRB103 35885 LNS 65970 b
695	695	1 syndrome. At least annually, the county board shall submit to
696	696	2 the Illinois Department of Public Health a report as to the
697	697	3 county clerk's compliance with the requirement that the county
698	698	4 clerk provide a pamphlet with each marriage license. All
699	699	5 funding and production costs for the aforementioned
700	700	6 educational pamphlets for distribution to each county clerk
701	701	7 shall be provided by non-profit, non-sectarian statewide
702	702	8 programs that provide education, advocacy, support, and
703	703	9 prevention services pertaining to Fetal Alcohol Syndrome.
704	704	10 The changes made by this amendatory Act of the 103rd
705	705	11 General Assembly do not invalidate a marriage that was
706	706	12 otherwise valid under this Section prior to the changes.
707	707	13 (Source: P.A. 96-1323, eff. 1-1-11.)
708	708	14 (750 ILCS 5/212) (from Ch. 40, par. 212)
709	709	15 Sec. 212. Prohibited Marriages.
710	710	16 (a) The following marriages are prohibited:
711	711	17 (1) a marriage entered into prior to the dissolution
712	712	18 of an earlier marriage, civil union, or substantially
713	713	19 similar legal relationship of one of the parties, unless
714	714	20 the parties to the marriage are the same as the parties to
715	715	21 a civil union and are seeking to convert their civil union
716	716	22 to a marriage pursuant to Section 65 of the Illinois
717	717	23 Religious Freedom Protection and Civil Union Act;
718	718	24 (2) a marriage between an ancestor and a descendant or
719	719	25 between siblings, whether the relationship is by the half
720	720
721	721
722	722
723	723
724	724
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726	726
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729	729	SB2749 - 20 - LRB103 35885 LNS 65970 b
730	730	1 or the whole blood or by adoption;
731	731	2 (3) a marriage between an uncle and a niece, between
732	732	3 an uncle and a nephew, between an aunt and a nephew, or
733	733	4 between an aunt and a niece, whether the relationship is
734	734	5 by the half or the whole blood;
735	735	6 (4) a marriage between cousins of the first degree;
736	736	7 however, a marriage between first cousins is not
737	737	8 prohibited if:
738	738	9 (i) both parties are 50 years of age or older; or
739	739	10 (ii) either party, at the time of application for
740	740	11 a marriage license, presents for filing with the
741	741	12 county clerk of the county in which the marriage is to
742	742	13 be solemnized, a certificate signed by a licensed
743	743	14 physician stating that the party to the proposed
744	744	15 marriage is permanently and irreversibly sterile;
745	745	16 (5) (blank);
746	746	17 (6) a marriage of any person under the age of 18.
747	747	18 (b) Parties to a marriage prohibited under subsection (a)
748	748	19 of this Section who cohabit after removal of the impediment
749	749	20 are lawfully married as of the date of the removal of the
750	750	21 impediment.
751	751	22 (c) Children born or adopted of a prohibited or common law
752	752	23 marriage are the lawful children of the parties.
753	753	24 (Source: P.A. 98-597, eff. 6-1-14.)
754	754	25 (750 ILCS 5/301) (from Ch. 40, par. 301)
755	755
756	756
757	757
758	758
759	759
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761	761
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765	765	1 Sec. 301. Declaration of Invalidity - Grounds. ) The court
766	766	2 shall enter its judgment declaring the invalidity of a
767	767	3 marriage (formerly known as annulment) entered into under the
768	768	4 following circumstances:
769	769	5 (1) a party lacked capacity to consent to the marriage
770	770	6 at the time the marriage was solemnized, either because of
771	771	7 mental incapacity or infirmity or because of the influence
772	772	8 of alcohol, drugs, or other incapacitating substances, or
773	773	9 a party was induced to enter into a marriage by force or
774	774	10 duress or by fraud involving the essentials of marriage;
775	775	11 (2) a party lacks the physical capacity to consummate
776	776	12 the marriage by sexual intercourse and at the time the
777	777	13 marriage was solemnized the other party did not know of
778	778	14 the incapacity;
779	779	15 (3) (blank) a party was aged 16 or 17 years and did not
780	780	16 have the consent of his parents or guardian or judicial
781	781	17 approval; or
782	782	18 (4) the marriage is prohibited.
783	783	19 (Source: P.A. 80-923.)
784	784	20 (750 ILCS 5/302) (from Ch. 40, par. 302)
785	785	21 Sec. 302. Time of commencement.
786	786	22 Time of Commencement.)(a) A declaration of invalidity
787	787	23 under paragraph (1) or (2) paragraphs (1) through (3) of
788	788	24 Section 301 may be sought by any of the following persons and
789	789	25 must be commenced within the times specified:
790	790
791	791
792	792
793	793
794	794
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796	796
797	797
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800	800	1 (1) for any of the reasons set forth in paragraph (1)
801	801	2 of Section 301, by either party or by the legal
802	802	3 representative of the party who lacked capacity to
803	803	4 consent, no later than 90 days after the petitioner
804	804	5 obtained knowledge of the described condition;
805	805	6 (2) for the reason set forth in paragraph (2) of
806	806	7 Section 301, by either party, no later than one year after
807	807	8 the petitioner obtained knowledge of the described
808	808	9 condition;
809	809	10 (3) (blank) for the reason set forth in paragraph (3)
810	810	11 of Section 301, by the underaged party, his parent or
811	811	12 guardian, prior to the time the underaged party reaches
812	812	13 the age at which he could have married without needing to
813	813	14 satisfy the omitted requirement.
814	814	15 (b) In no event may a declaration of invalidity of
815	815	16 marriage be sought after the death of either party to the
816	816	17 marriage under paragraph (1) or (2) subsections (1), (2) and
817	817	18 (3) of Section 301.
818	818	19 (c) A declaration of invalidity for the reason set forth
819	819	20 in paragraph (4) of Section 301 may be sought by either party,
820	820	21 the legal spouse in case of a bigamous marriage, the State's
821	821	22 Attorney or a child of either party, at any time not to exceed
822	822	23 3 years following the death of the first party to die.
823	823	24 (Source: P.A. 80-923.)
824	824	25 (750 ILCS 5/403) (from Ch. 40, par. 403)
825	825
826	826
827	827
828	828
829	829
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831	831
832	832
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835	835	1 Sec. 403. Pleadings - Commencement - Abolition of Existing
836	836	2 Defenses - Procedure.
837	837	3 (a) The complaint or petition for dissolution of marriage
838	838	4 or legal separation shall be verified and shall minimally set
839	839	5 forth:
840	840	6 (1) the age, occupation, and residence of each party
841	841	7 and his length of residence in this State;
842	842	8 (2) the date of the marriage and the place at which it
843	843	9 was registered;
844	844	10 (2.5) whether a petition for dissolution of marriage
845	845	11 is pending in any other county or state;
846	846	12 (3) that the jurisdictional requirements of subsection
847	847	13 (a) of Section 401 have been met and that irreconcilable
848	848	14 differences have caused the irretrievable breakdown of the
849	849	15 marriage;
850	850	16 (4) the names, ages, and addresses of all living
851	851	17 children of the marriage and whether a spouse is pregnant;
852	852	18 (5) any arrangements as to support, allocation of
853	853	19 parental responsibility of the children, and maintenance
854	854	20 of a spouse; and
855	855	21 (6) the relief sought.
856	856	22 (b) Either or both parties to the marriage may initiate
857	857	23 the proceeding. A minor may independently initiate the
858	858	24 proceeding in the minor's own name and appear on the minor's
859	859	25 own behalf without a parent, guardian, guardian ad litem, next
860	860	26 friend, or other appointed person.
861	861
862	862
863	863
864	864
865	865
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867	867
868	868
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871	871	1 (c) (Blank).
872	872	2 (d) The court may join additional parties necessary and
873	873	3 proper for the exercise of its authority under this Act.
874	874	4 (e) Contested trials shall be on a bifurcated basis with
875	875	5 the issue of whether irreconcilable differences have caused
876	876	6 the irretrievable breakdown of the marriage, as described in
877	877	7 Section 401, being tried first, regardless of whether that
878	878	8 issue is contested or uncontested. Upon the court determining
879	879	9 that irreconcilable differences have caused the irretrievable
880	880	10 breakdown of the marriage, the court may allow additional time
881	881	11 for the parties to settle amicably the remaining issues before
882	882	12 resuming the trial, or may proceed immediately to trial on the
883	883	13 remaining issues. The court has the discretion to use the date
884	884	14 of the trial or such other date as agreed upon by the parties,
885	885	15 or ordered by the court within its discretion, for purposes of
886	886	16 determining the value of assets or property. In cases where
887	887	17 the requirements of Section 401 are uncontested and proved as
888	888	18 in cases of default, the trial on all other remaining issues
889	889	19 shall proceed immediately, if so ordered by the court or if the
890	890	20 parties so stipulate. Except as provided in subsection (b) of
891	891	21 Section 401, the court shall enter a judgment of dissolution
892	892	22 of marriage, including an order dissolving the marriage,
893	893	23 incorporation of a marital settlement agreement if applicable,
894	894	24 and any other appropriate findings or orders, only at the
895	895	25 conclusion of the case and not after hearing only the
896	896	26 testimony as to whether irreconcilable differences have caused
897	897
898	898
899	899
900	900
901	901
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903	903
904	904
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908	908
909	909
910	910
911	911
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