Illinois 2025-2026 Regular Session

Illinois House Bill HB3437 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3437 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED: 750 ILCS 5/506 from Ch. 40, par. 506750 ILCS 5/602.5750 ILCS 5/602.7750 ILCS 5/603.10750 ILCS 5/603.12 new750 ILCS 5/604.10750 ILCS 5/715 new750 ILCS 60/228 new Amends the Illinois Marriage and Dissolution of Marriage Act. Requires a court, when appointing a guardian ad litem to represent a child, shall make efforts to appoint a guardian ad litem who has received evidence-based education and training relating to family violence. Includes additional factors for the court to consider when determining the allocation of parenting time. Provides criteria for the court to consider in restricting parental responsibilities that are necessary to protect a child's physical, mental, moral, or emotional well-being. Allows the Administrative Office of the Illinois Courts to develop and implement an ongoing education and training program for judges and relevant court personnel regarding child abuse. Makes other changes. Amends the Domestic Violence Act of 1986. Restricts a court from sealing a court file related to a domestic violence order of protection. Provides that the amendatory Act may be referred to as Kayden's Law. LRB104 08898 JRC 18953 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3437 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED: 750 ILCS 5/506 from Ch. 40, par. 506750 ILCS 5/602.5750 ILCS 5/602.7750 ILCS 5/603.10750 ILCS 5/603.12 new750 ILCS 5/604.10750 ILCS 5/715 new750 ILCS 60/228 new 750 ILCS 5/506 from Ch. 40, par. 506 750 ILCS 5/602.5 750 ILCS 5/602.7 750 ILCS 5/603.10 750 ILCS 5/603.12 new 750 ILCS 5/604.10 750 ILCS 5/715 new 750 ILCS 60/228 new Amends the Illinois Marriage and Dissolution of Marriage Act. Requires a court, when appointing a guardian ad litem to represent a child, shall make efforts to appoint a guardian ad litem who has received evidence-based education and training relating to family violence. Includes additional factors for the court to consider when determining the allocation of parenting time. Provides criteria for the court to consider in restricting parental responsibilities that are necessary to protect a child's physical, mental, moral, or emotional well-being. Allows the Administrative Office of the Illinois Courts to develop and implement an ongoing education and training program for judges and relevant court personnel regarding child abuse. Makes other changes. Amends the Domestic Violence Act of 1986. Restricts a court from sealing a court file related to a domestic violence order of protection. Provides that the amendatory Act may be referred to as Kayden's Law. LRB104 08898 JRC 18953 b LRB104 08898 JRC 18953 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3437 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
3	3	750 ILCS 5/506 from Ch. 40, par. 506750 ILCS 5/602.5750 ILCS 5/602.7750 ILCS 5/603.10750 ILCS 5/603.12 new750 ILCS 5/604.10750 ILCS 5/715 new750 ILCS 60/228 new 750 ILCS 5/506 from Ch. 40, par. 506 750 ILCS 5/602.5 750 ILCS 5/602.7 750 ILCS 5/603.10 750 ILCS 5/603.12 new 750 ILCS 5/604.10 750 ILCS 5/715 new 750 ILCS 60/228 new
4	4	750 ILCS 5/506 from Ch. 40, par. 506
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 5/603.12 new
9	9	750 ILCS 5/604.10
10	10	750 ILCS 5/715 new
11	11	750 ILCS 60/228 new
12	12	Amends the Illinois Marriage and Dissolution of Marriage Act. Requires a court, when appointing a guardian ad litem to represent a child, shall make efforts to appoint a guardian ad litem who has received evidence-based education and training relating to family violence. Includes additional factors for the court to consider when determining the allocation of parenting time. Provides criteria for the court to consider in restricting parental responsibilities that are necessary to protect a child's physical, mental, moral, or emotional well-being. Allows the Administrative Office of the Illinois Courts to develop and implement an ongoing education and training program for judges and relevant court personnel regarding child abuse. Makes other changes. Amends the Domestic Violence Act of 1986. Restricts a court from sealing a court file related to a domestic violence order of protection. Provides that the amendatory Act may be referred to as Kayden's Law.
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15	15	A BILL FOR
16	16	HB3437LRB104 08898 JRC 18953 b HB3437 LRB104 08898 JRC 18953 b
17	17	HB3437 LRB104 08898 JRC 18953 b
18	18	1 AN ACT concerning civil law.
19	19	2 Be it enacted by the People of the State of Illinois,
20	20	3 represented in the General Assembly:
21	21	4 Section 1. References to Act. This Act may be referred to
22	22	5 as Kayden's Law.
23	23	6 Section 5. The Illinois Marriage and Dissolution of
24	24	7 Marriage Act is amended by changing Sections 506, 602.5,
25	25	8 602.7, 604.10 and 603.10 and by adding Sections 603.12 and 715
26	26	9 as follows:
27	27	10 (750 ILCS 5/506) (from Ch. 40, par. 506)
28	28	11 Sec. 506. Representation of child.
29	29	12 (a) Duties. In any proceedings involving the support,
30	30	13 custody, visitation, allocation of parental responsibilities,
31	31	14 education, parentage, property interest, or general welfare of
32	32	15 a minor or dependent child, the court may, on its own motion or
33	33	16 that of any party, appoint an attorney to serve in one of the
34	34	17 following capacities to address the issues the court
35	35	18 delineates:
36	36	19 (1) Attorney. The attorney shall provide independent
37	37	20 legal counsel for the child and shall owe the same duties
38	38	21 of undivided loyalty, confidentiality, and competent
39	39	22 representation as are due an adult client.
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43	43	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3437 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
44	44	750 ILCS 5/506 from Ch. 40, par. 506750 ILCS 5/602.5750 ILCS 5/602.7750 ILCS 5/603.10750 ILCS 5/603.12 new750 ILCS 5/604.10750 ILCS 5/715 new750 ILCS 60/228 new 750 ILCS 5/506 from Ch. 40, par. 506 750 ILCS 5/602.5 750 ILCS 5/602.7 750 ILCS 5/603.10 750 ILCS 5/603.12 new 750 ILCS 5/604.10 750 ILCS 5/715 new 750 ILCS 60/228 new
45	45	750 ILCS 5/506 from Ch. 40, par. 506
46	46	750 ILCS 5/602.5
47	47	750 ILCS 5/602.7
48	48	750 ILCS 5/603.10
49	49	750 ILCS 5/603.12 new
50	50	750 ILCS 5/604.10
51	51	750 ILCS 5/715 new
52	52	750 ILCS 60/228 new
53	53	Amends the Illinois Marriage and Dissolution of Marriage Act. Requires a court, when appointing a guardian ad litem to represent a child, shall make efforts to appoint a guardian ad litem who has received evidence-based education and training relating to family violence. Includes additional factors for the court to consider when determining the allocation of parenting time. Provides criteria for the court to consider in restricting parental responsibilities that are necessary to protect a child's physical, mental, moral, or emotional well-being. Allows the Administrative Office of the Illinois Courts to develop and implement an ongoing education and training program for judges and relevant court personnel regarding child abuse. Makes other changes. Amends the Domestic Violence Act of 1986. Restricts a court from sealing a court file related to a domestic violence order of protection. Provides that the amendatory Act may be referred to as Kayden's Law.
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55	55	LRB104 08898 JRC 18953 b
56	56	A BILL FOR
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62	62	750 ILCS 5/506 from Ch. 40, par. 506
63	63	750 ILCS 5/602.5
64	64	750 ILCS 5/602.7
65	65	750 ILCS 5/603.10
66	66	750 ILCS 5/603.12 new
67	67	750 ILCS 5/604.10
68	68	750 ILCS 5/715 new
69	69	750 ILCS 60/228 new
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88	88	1 (2) Guardian ad litem. The guardian ad litem shall
89	89	2 investigate the facts of the case and interview the child
90	90	3 and the parties. Unless the court directs otherwise, the
91	91	4 guardian ad litem shall submit to the court and the
92	92	5 parties a written report, written recommendations, or a
93	93	6 proposed parenting plan, in accordance with the child's
94	94	7 best interests, not less than 30 days before a final
95	95	8 hearing or trial. The guardian ad litem's written report
96	96	9 or written recommendations shall be admitted into evidence
97	97	10 without the need for foundation. The guardian ad litem
98	98	11 shall be available for deposition before a final hearing
99	99	12 or trial notwithstanding any other discovery cutoff. The
100	100	13 guardian ad litem may be called as a witness for purposes
101	101	14 of cross-examination regarding the guardian ad litem's
102	102	15 report or recommendations. At the discretion of the court,
103	103	16 the guardian ad litem:
104	104	17 (i) may be present for all proceedings, including
105	105	18 in camera examinations of the child;
106	106	19 (ii) may issue subpoenas for records as part of
107	107	20 the guardian ad litem's investigation; and
108	108	21 (iii) may file pleadings relating to procedural
109	109	22 matters.
110	110	23 The court appointing a guardian ad litem under this
111	111	24 Section must make reasonable efforts to appoint a guardian
112	112	25 ad litem who has received evidence-based education and
113	113	26 training on family violence, including child sexual abuse,
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124	124	1 physical abuse, emotional abuse, cohesive control,
125	125	2 implicit and explicit basis, trauma, long and short-term
126	126	3 impacts of domestic violence and child abuse on children,
127	127	4 and victim and perpetrator behaviors.
128	128	5 (3) Child representative. The child representative
129	129	6 shall advocate what the child representative finds to be
130	130	7 in the best interests of the child after reviewing the
131	131	8 facts and circumstances of the case. The child
132	132	9 representative shall meet with the child and the parties,
133	133	10 investigate the facts of the case, and encourage
134	134	11 settlement and the use of alternative forms of dispute
135	135	12 resolution. The child representative shall have the same
136	136	13 authority and obligation to participate in the litigation
137	137	14 as does an attorney for a party and shall possess all the
138	138	15 powers of investigation as does a guardian ad litem. The
139	139	16 child representative shall consider, but not be bound by,
140	140	17 the expressed wishes of the child. A child representative
141	141	18 shall have received training in child advocacy or shall
142	142	19 possess such experience as determined to be equivalent to
143	143	20 such training by the chief judge of the circuit where the
144	144	21 child representative has been appointed. The child
145	145	22 representative shall not disclose confidential
146	146	23 communications made by the child, except as required by
147	147	24 law or by the Rules of Professional Conduct. The child
148	148	25 representative shall not render an opinion,
149	149	26 recommendation, or report to the court and shall not be
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160	160	1 called as a witness, but shall offer evidence-based legal
161	161	2 arguments. The child representative shall disclose the
162	162	3 position as to what the child representative intends to
163	163	4 advocate in a pre-trial memorandum that shall be served
164	164	5 upon all counsel of record prior to the trial. The
165	165	6 position disclosed in the pre-trial memorandum shall not
166	166	7 be considered evidence. The court and the parties may
167	167	8 consider the position of the child representative for
168	168	9 purposes of a settlement conference.
169	169	10 (a-3) Additional appointments. During the proceedings the
170	170	11 court may appoint an additional attorney to serve in the
171	171	12 capacity described in subdivision (a)(1) or an additional
172	172	13 attorney to serve in another of the capacities described in
173	173	14 subdivision (a)(2) or (a)(3) on the court's own motion or that
174	174	15 of a party only for good cause shown and when the reasons for
175	175	16 the additional appointment are set forth in specific findings.
176	176	17 (a-5) Appointment considerations. In deciding whether to
177	177	18 make an appointment of an attorney for the minor child, a
178	178	19 guardian ad litem, or a child representative, the court shall
179	179	20 consider the nature and adequacy of the evidence to be
180	180	21 presented by the parties and the availability of other methods
181	181	22 of obtaining information, including social service
182	182	23 organizations and evaluations by mental health professions, as
183	183	24 well as resources for payment.
184	184	25 In no event is this Section intended to or designed to
185	185	26 abrogate the decision making power of the trier of fact. Any
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196	196	1 appointment made under this Section is not intended to nor
197	197	2 should it serve to place any appointed individual in the role
198	198	3 of a surrogate judge.
199	199	4 (b) Fees and costs. The court shall enter an order as
200	200	5 appropriate for costs, fees, and disbursements, including a
201	201	6 retainer, when the attorney, guardian ad litem, or child's
202	202	7 representative is appointed. Any person appointed under this
203	203	8 Section shall file with the court within 90 days of his or her
204	204	9 appointment, and every subsequent 90-day period thereafter
205	205	10 during the course of his or her representation, a detailed
206	206	11 invoice for services rendered with a copy being sent to each
207	207	12 party. The court shall review the invoice submitted and
208	208	13 approve the fees, if they are reasonable and necessary. Any
209	209	14 order approving the fees shall require payment by either or
210	210	15 both parents, by any other party or source, or from the marital
211	211	16 estate or the child's separate estate. The court may not order
212	212	17 payment by the Department of Healthcare and Family Services in
213	213	18 cases in which the Department is providing child support
214	214	19 enforcement services under Article X of the Illinois Public
215	215	20 Aid Code. Unless otherwise ordered by the court at the time
216	216	21 fees and costs are approved, all fees and costs payable to an
217	217	22 attorney, guardian ad litem, or child representative under
218	218	23 this Section are by implication deemed to be in the nature of
219	219	24 support of the child and are within the exceptions to
220	220	25 discharge in bankruptcy under 11 U.S.C.A. 523. The provisions
221	221	26 of Sections 501 and 508 of this Act shall apply to fees and
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232	232	1 costs for attorneys appointed under this Section.
233	233	2 (Source: P.A. 103-126, eff. 1-1-24.)
234	234	3 (750 ILCS 5/602.5)
235	235	4 Sec. 602.5. Allocation of parental responsibilities:
236	236	5 decision-making.
237	237	6 (a) Generally. The court shall allocate decision-making
238	238	7 responsibilities according to the child's best interests.
239	239	8 Nothing in this Act requires that each parent be allocated
240	240	9 decision-making responsibilities. If the court finds that
241	241	10 there has been abuse by one parent against the child or a
242	242	11 repeated pattern of coercive abuse by one parent against the
243	243	12 other parent, the parent who has engaged in the abuse may not
244	244	13 be allocated any decision-making unless the court makes a
245	245	14 finding that the parent has provided adequate evidence that
246	246	15 the parent will not use the allocation of decision making as a
247	247	16 basis to further abuse the child or the other parent and will
248	248	17 use the decision-making solely in the best interests of the
249	249	18 child.
250	250	19 (b) Allocation of significant decision-making
251	251	20 responsibilities. Unless the parents otherwise agree in
252	252	21 writing on an allocation of significant decision-making
253	253	22 responsibilities, or the issue of the allocation of parental
254	254	23 responsibilities has been reserved under Section 401, the
255	255	24 court shall make the determination. The court shall allocate
256	256	25 to one or both of the parents the significant decision-making
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267	267	1 responsibility for each significant issue affecting the child.
268	268	2 Those significant issues shall include, without limitation,
269	269	3 the following:
270	270	4 (1) Education, including the choice of schools and
271	271	5 tutors.
272	272	6 (2) Health, including all decisions relating to the
273	273	7 medical, dental, and psychological needs of the child and
274	274	8 to the treatments arising or resulting from those needs.
275	275	9 (3) Religion, subject to the following provisions:
276	276	10 (A) The court shall allocate decision-making
277	277	11 responsibility for the child's religious upbringing in
278	278	12 accordance with any express or implied agreement
279	279	13 between the parents.
280	280	14 (B) The court shall consider evidence of the
281	281	15 parents' past conduct as to the child's religious
282	282	16 upbringing in allocating decision-making
283	283	17 responsibilities consistent with demonstrated past
284	284	18 conduct in the absence of an express or implied
285	285	19 agreement between the parents.
286	286	20 (C) The court shall not allocate any aspect of the
287	287	21 child's religious upbringing if it determines that the
288	288	22 parents do not or did not have an express or implied
289	289	23 agreement for such religious upbringing or that there
290	290	24 is insufficient evidence to demonstrate a course of
291	291	25 conduct regarding the child's religious upbringing
292	292	26 that could serve as a basis for any such order.
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303	303	1 (4) Extracurricular activities.
304	304	2 (c) Determination of child's best interests. In
305	305	3 determining the child's best interests for purposes of
306	306	4 allocating significant decision-making responsibilities, the
307	307	5 court shall consider all relevant factors, including, without
308	308	6 limitation, the following:
309	309	7 (1) the wishes of the child, taking into account the
310	310	8 child's maturity and ability to express reasoned and
311	311	9 independent preferences as to decision-making and if the
312	312	10 court finds that a child who expresses fear of a parent is
313	313	11 based on the parent's actual and specific conduct that is
314	314	12 contrary to the child's best interests, the finding shall
315	315	13 be considered;
316	316	14 (2) the child's adjustment to his or her home, school,
317	317	15 and community;
318	318	16 (3) the mental and physical health of all individuals
319	319	17 involved;
320	320	18 (4) the ability of the parents to cooperate to make
321	321	19 decisions, or the level of conflict between the parties
322	322	20 that may affect their ability to share decision-making
323	323	21 especially when one parent has engaged in abuse of the
324	324	22 child or a repeated pattern of coercive abuse of the other
325	325	23 parent;
326	326	24 (5) the level of each parent's participation in past
327	327	25 significant decision-making with respect to the child;
328	328	26 (6) any prior agreement or course of conduct between
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339	339	1 the parents relating to decision-making with respect to
340	340	2 the child;
341	341	3 (7) the wishes of the parents;
342	342	4 (8) the child's needs;
343	343	5 (8.1) which parent is more likely to ensure the health
344	344	6 and safety of the child as defined in Section 603.12;
345	345	7 (9) the distance between the parents' residences, the
346	346	8 cost and difficulty of transporting the child, each
347	347	9 parent's and the child's daily schedules, and the ability
348	348	10 of the parents to cooperate in the arrangement;
349	349	11 (10) whether a restriction on decision-making is
350	350	12 appropriate under Section 603.10 or other protective
351	351	13 measures as specified in Section 603.12;
352	352	14 (11) the willingness and ability of each parent to
353	353	15 facilitate and encourage a close and continuing
354	354	16 relationship between the other parent and the child except
355	355	17 if one parent has engaged in abuse of the child or the
356	356	18 other parent, if reasonable safety measures are necessary
357	357	19 to protect the health and safety of the child as defined in
358	358	20 Section 603.12 from harm and a parent's reasonable
359	359	21 concerns for the health and safety of the child, the
360	360	22 parent's reasonable efforts to protect the child may not
361	361	23 be considered negatively under this subsection;
362	362	24 (12) the physical violence or threat of physical
363	363	25 violence by the child's parent directed against the child;
364	364	26 (13) the occurrence of abuse against the child or
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375	375	1 other member of the child's household;
376	376	2 (14) whether one of the parents is a sex offender, and
377	377	3 if so, the exact nature of the offense and what, if any,
378	378	4 treatment in which the parent has successfully
379	379	5 participated; and
380	380	6 (15) any other factor that the court expressly finds
381	381	7 to be relevant.
382	382	8 (d) A parent shall have sole responsibility for making
383	383	9 routine decisions with respect to the child and for emergency
384	384	10 decisions affecting the child's health and safety during that
385	385	11 parent's parenting time.
386	386	12 (e) In allocating significant decision-making
387	387	13 responsibilities, the court shall not consider conduct of a
388	388	14 parent that does not affect that parent's relationship to the
389	389	15 child.
390	390	16 (Source: P.A. 99-90, eff. 1-1-16.)
391	391	17 (750 ILCS 5/602.7)
392	392	18 Sec. 602.7. Allocation of parental responsibilities:
393	393	19 parenting time.
394	394	20 (a) Best interests. The court shall allocate parenting
395	395	21 time according to the child's best interests.
396	396	22 (b) Allocation of parenting time. Unless the parents
397	397	23 present a mutually agreed written parenting plan and that plan
398	398	24 is approved by the court, the court shall allocate parenting
399	399	25 time. It is presumed both parents are fit and the court shall
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410	410	1 not place any restrictions on parenting time as defined in
411	411	2 Section 600 and described in Section 603.10, unless it finds
412	412	3 by a preponderance of the evidence that a parent's exercise of
413	413	4 parenting time would seriously endanger the child's physical,
414	414	5 mental, moral, or emotional health.
415	415	6 In determining the child's best interests for purposes of
416	416	7 allocating parenting time, the court shall consider all
417	417	8 relevant factors, including, without limitation, the
418	418	9 following:
419	419	10 (1) the wishes of each parent seeking parenting time;
420	420	11 (2) the wishes of the child, taking into account the
421	421	12 child's maturity and ability to express reasoned and
422	422	13 independent preferences as to parenting time. If the court
423	423	14 finds that a child who expresses fear of a parent is based
424	424	15 on the parent's actual and specific conduct that is
425	425	16 contrary to the child's best interests, the finding shall
426	426	17 be considered;
427	427	18 (3) the amount of time each parent spent performing
428	428	19 caretaking functions with respect to the child in the 24
429	429	20 months preceding the filing of any petition for allocation
430	430	21 of parental responsibilities or, if the child is under 2
431	431	22 years of age, since the child's birth;
432	432	23 (4) any prior agreement or course of conduct between
433	433	24 the parents relating to caretaking functions with respect
434	434	25 to the child;
435	435	26 (5) the interaction and interrelationship of the child
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446	446	1 with his or her parents and siblings and with any other
447	447	2 person who may significantly affect the child's best
448	448	3 interests;
449	449	4 (6) the child's adjustment to his or her home, school,
450	450	5 and community;
451	451	6 (7) the mental and physical health of all individuals
452	452	7 involved;
453	453	8 (8) the child's needs;
454	454	9 (8.1) which parent is more likely to ensure the health
455	455	10 and safety of the child, as defined in Section 603.12;
456	456	11 (9) the distance between the parents' residences, the
457	457	12 cost and difficulty of transporting the child, each
458	458	13 parent's and the child's daily schedules, and the ability
459	459	14 of the parents to cooperate in the arrangement;
460	460	15 (10) whether a restriction on parenting time is
461	461	16 appropriate;
462	462	17 (11) the physical violence or threat of physical
463	463	18 violence by the child's parent directed against the child
464	464	19 or other member of the child's household;
465	465	20 (12) the willingness and ability of each parent to
466	466	21 place the needs of the child ahead of his or her own needs;
467	467	22 (13) the willingness and ability of each parent to
468	468	23 facilitate and encourage a close and continuing
469	469	24 relationship between the other parent and the child except
470	470	25 if one parent has engaged in abuse of the child or the
471	471	26 other parent, if reasonable safety measures are necessary
472	472
473	473
474	474
475	475
476	476
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478	478
479	479
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481	481	HB3437 - 13 - LRB104 08898 JRC 18953 b
482	482	1 to protect the health and safety of the child as defined in
483	483	2 Section 603.12 from harm and a parent's reasonable
484	484	3 concerns for the health and safety of the child, the
485	485	4 parent's reasonable efforts to protect the child may not
486	486	5 be considered negatively under this subsection;
487	487	6 (14) the occurrence of abuse against the child or
488	488	7 other member of the child's household;
489	489	8 (15) whether one of the parents is a convicted sex
490	490	9 offender or lives with a convicted sex offender and, if
491	491	10 so, the exact nature of the offense and what if any
492	492	11 treatment the offender has successfully participated in;
493	493	12 the parties are entitled to a hearing on the issues raised
494	494	13 in this paragraph (15);
495	495	14 (16) the terms of a parent's military family-care plan
496	496	15 that a parent must complete before deployment if a parent
497	497	16 is a member of the United States Armed Forces who is being
498	498	17 deployed; and
499	499	18 (17) any other factor that the court expressly finds
500	500	19 to be relevant.
501	501	20 (b-1) A factor under subsection (b) may not be adversely
502	502	21 weighed against a party if the circumstances related to the
503	503	22 factor were in response to abuse or necessary to protect the
504	504	23 child or the abused party from harm and the party alleging
505	505	24 abuse does not pose a risk to the health and safety of the
506	506	25 child, as defined in Section 603.12. A temporary housing
507	507	26 instability as a result of abuse may not be considered against
508	508
509	509
510	510
511	511
512	512
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514	514
515	515
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517	517	HB3437 - 14 - LRB104 08898 JRC 18953 b
518	518	1 the party alleging the abuse.
519	519	2 As used in this subsection, "temporary housing
520	520	3 instability" means a period not to exceed 6 months from the
521	521	4 date of the last incident of abuse as determined by the court.
522	522	5 (c) In allocating parenting time, the court shall not
523	523	6 consider conduct of a parent that does not affect that
524	524	7 parent's relationship to the child.
525	525	8 (d) Upon motion, the court may allow a parent who is
526	526	9 deployed or who has orders to be deployed as a member of the
527	527	10 United States Armed Forces to designate a person known to the
528	528	11 child to exercise reasonable substitute visitation on behalf
529	529	12 of the deployed parent, if the court determines that
530	530	13 substitute visitation is in the best interests of the child.
531	531	14 In determining whether substitute visitation is in the best
532	532	15 interests of the child, the court shall consider all of the
533	533	16 relevant factors listed in subsection (b) of this Section and
534	534	17 apply those factors to the person designated as a substitute
535	535	18 for the deployed parent for visitation purposes. Visitation
536	536	19 orders entered under this subsection are subject to
537	537	20 subsections (e) and (f) of Section 602.9 and subsections (c)
538	538	21 and (d) of Section 603.10.
539	539	22 (e) If the street address of a parent is not identified
540	540	23 pursuant to Section 708 of this Act, the court shall require
541	541	24 the parties to identify reasonable alternative arrangements
542	542	25 for parenting time by the other parent including, but not
543	543	26 limited to, parenting time of the minor child at the residence
544	544
545	545
546	546
547	547
548	548
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550	550
551	551
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553	553	HB3437 - 15 - LRB104 08898 JRC 18953 b
554	554	1 of another person or at a local public or private facility.
555	555	2 (Source: P.A. 99-90, eff. 1-1-16.)
556	556	3 (750 ILCS 5/603.10)
557	557	4 Sec. 603.10. Restriction of parental responsibilities.
558	558	5 (a) After a hearing, if the court finds by a preponderance
559	559	6 of the evidence that a parent engaged in any conduct that
560	560	7 seriously endangered the child's mental, moral, or physical
561	561	8 health or that significantly impaired the child's emotional
562	562	9 development, the court shall enter orders as necessary to
563	563	10 protect the child. If a parent does any of the following that
564	564	11 seriously endangers a child's health or significantly impairs
565	565	12 the child's emotional development:
566	566	13 (1) inflicts physical injury upon the parent's child
567	567	14 or another child, by other than accidental means, which
568	568	15 causes death, disfigurement, impairment of physical or
569	569	16 emotional health, or loss of impairment of any bodily
570	570	17 function;
571	571	18 (2) creates a substantial risk of physical injury
572	572	19 against the parent's child or another child, by other than
573	573	20 accidental means, which would be likely to cause death,
574	574	21 disfigurement, impairment of physical or emotional health,
575	575	22 or loss of impairment of any bodily function;
576	576	23 (3) inflicts excessive corporal punishment upon the
577	577	24 parent's child or another child;
578	578	25 (4) commits any sex offense against the parent's child
579	579
580	580
581	581
582	582
583	583
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585	585
586	586
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588	588	HB3437 - 16 - LRB104 08898 JRC 18953 b
589	589	1 or another child; or
590	590	2 (5) commits an act of torture against the parent's
591	591	3 child or another child.
592	592	4 If the court finds by a preponderance of the evidence that
593	593	5 any of this conduct has likely occurred, the court shall order
594	594	6 one or more of the restrictions on parenting time set forth in
595	595	7 Section 603.10, including temporarily denying parenting time,
596	596	8 restricting parenting time to supervised parenting time, and
597	597	9 any other protective measures that are necessary to protect
598	598	10 the child's physical, mental, moral, or emotional well-being.
599	599	11 Such orders may include, but are not limited to, orders
600	600	12 for one or more of the following:
601	601	13 (1) a reduction, elimination, or other adjustment of
602	602	14 the parent's decision-making responsibilities or parenting
603	603	15 time, or both decision-making responsibilities and
604	604	16 parenting time;
605	605	17 (2) supervision, including ordering the Department of
606	606	18 Children and Family Services to exercise continuing
607	607	19 supervision under Section 5 of the Children and Family
608	608	20 Services Act;
609	609	21 (2.1) supervision under Section 603.12;
610	610	22 (3) requiring the exchange of the child between the
611	611	23 parents through an intermediary or in a protected setting;
612	612	24 (4) restraining a parent's communication with or
613	613	25 proximity to the other parent or the child;
614	614	26 (5) requiring a parent to abstain from possessing or
615	615
616	616
617	617
618	618
619	619
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621	621
622	622
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624	624	HB3437 - 17 - LRB104 08898 JRC 18953 b
625	625	1 consuming alcohol or non-prescribed drugs while exercising
626	626	2 parenting time with the child and within a specified
627	627	3 period immediately preceding the exercise of parenting
628	628	4 time;
629	629	5 (6) restricting the presence of specific persons while
630	630	6 a parent is exercising parenting time with the child;
631	631	7 (7) requiring a parent to post a bond to secure the
632	632	8 return of the child following the parent's exercise of
633	633	9 parenting time or to secure other performance required by
634	634	10 the court;
635	635	11 (8) requiring a parent to complete a treatment program
636	636	12 for perpetrators of abuse, for drug or alcohol abuse, or
637	637	13 for other behavior that is the basis for restricting
638	638	14 parental responsibilities under this Section; and
639	639	15 (9) any other constraints or conditions that the court
640	640	16 deems necessary to provide for the child's safety or
641	641	17 welfare.
642	642	18 (b) The court may modify an order restricting parental
643	643	19 responsibilities if, after a hearing, the court finds by a
644	644	20 preponderance of the evidence that a modification is in the
645	645	21 child's best interests based on (i) a change of circumstances
646	646	22 that occurred after the entry of an order restricting parental
647	647	23 responsibilities; or (ii) conduct of which the court was
648	648	24 previously unaware that seriously endangers the child. In
649	649	25 determining whether to modify an order under this subsection,
650	650	26 the court must consider factors that include, but need not be
651	651
652	652
653	653
654	654
655	655
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657	657
658	658
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660	660	HB3437 - 18 - LRB104 08898 JRC 18953 b
661	661	1 limited to, the following:
662	662	2 (1) abuse, neglect, or abandonment of the child;
663	663	3 (2) abusing or allowing abuse of another person that
664	664	4 had an impact upon the child;
665	665	5 (3) use of drugs, alcohol, or any other substance in a
666	666	6 way that interferes with the parent's ability to perform
667	667	7 caretaking functions with respect to the child; and
668	668	8 (4) persistent continuing interference with the other
669	669	9 parent's access to the child, except for actions taken
670	670	10 with a reasonable, good-faith belief that they are
671	671	11 necessary to protect the child's safety pending
672	672	12 adjudication of the facts underlying that belief, provided
673	673	13 that the interfering parent initiates a proceeding to
674	674	14 determine those facts as soon as practicable.
675	675	15 (c) An order granting parenting time to a parent or
676	676	16 visitation to another person may be revoked by the court if
677	677	17 that parent or other person is found to have knowingly used his
678	678	18 or her parenting time or visitation to facilitate contact
679	679	19 between the child and a parent who has been barred from contact
680	680	20 with the child or to have knowingly used his or her parenting
681	681	21 time or visitation to facilitate contact with the child that
682	682	22 violates any restrictions imposed on a parent's parenting time
683	683	23 by a court of competent jurisdiction. Nothing in this
684	684	24 subsection limits a court's authority to enforce its orders in
685	685	25 any other manner authorized by law.
686	686	26 (d) If parenting time of a parent is restricted, an order
687	687
688	688
689	689
690	690
691	691
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693	693
694	694
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696	696	HB3437 - 19 - LRB104 08898 JRC 18953 b
697	697	1 granting visitation to a non-parent with a child or an order
698	698	2 granting parenting time to the other parent shall contain the
699	699	3 following language:
700	700	4 "If a person granted parenting time or visitation
701	701	5 under this order uses that time to facilitate contact
702	702	6 between the child and a parent whose parenting time is
703	703	7 restricted, or if such a person violates any restrictions
704	704	8 placed on parenting time or visitation by the court, the
705	705	9 parenting time or visitation granted under this order
706	706	10 shall be revoked until further order of court."
707	707	11 (e) A parent who, after a hearing, is determined by the
708	708	12 court to have been convicted of any offense involving an
709	709	13 illegal sex act perpetrated upon a victim less than 18 years of
710	710	14 age, including but not limited to an offense under Article 11
711	711	15 of the Criminal Code of 2012, is not entitled to parenting time
712	712	16 while incarcerated or while on parole, probation, conditional
713	713	17 discharge, periodic imprisonment, or mandatory supervised
714	714	18 release for a felony offense, until the parent complies with
715	715	19 such terms and conditions as the court determines are in the
716	716	20 child's best interests, taking into account the exact nature
717	717	21 of the offense and what, if any, treatment in which the parent
718	718	22 successfully participated.
719	719	23 (f) A parent may not, while the child is present, visit any
720	720	24 person granted visitation or parenting time who has been
721	721	25 convicted of first degree murder, unless the court finds,
722	722	26 after considering all relevant factors, including those set
723	723
724	724
725	725
726	726
727	727
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729	729
730	730
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732	732	HB3437 - 20 - LRB104 08898 JRC 18953 b
733	733	1 forth in subsection (b) of Section 602.7, that it would be in
734	734	2 the child's best interests to allow the child to be present
735	735	3 during such a visit.
736	736	4 (Source: P.A. 99-90, eff. 1-1-16.)
737	737	5 (750 ILCS 5/603.12 new)
738	738	6 Sec. 603.12. Safety conditions.
739	739	7 (a) The General Assembly adopts the findings of the United
740	740	8 States Congress in enacting Kayden's Law in Public Law 117-103
741	741	9 as follows:
742	742	10 (1) Approximately 1 in 15 children is exposed to
743	743	11 domestic violence each year.
744	744	12 (2) Most child abuse is perpetrated in the family and
745	745	13 by a parent. Intimate partner violence and child abuse
746	746	14 overlap in the same families at rates between 30% and 60%.
747	747	15 A child's risk of abuse increases after a perpetrator of
748	748	16 intimate partner violence separates from a domestic
749	749	17 partner, even when the perpetrator has not previously
750	750	18 directly abused the child. Children who have witnessed
751	751	19 intimate partner violence are approximately 4 times more
752	752	20 likely to experience direct child maltreatment than
753	753	21 children who have not witnessed intimate partner violence.
754	754	22 (3) More than 75% of child sexual abuse is perpetrated
755	755	23 by a family member or a person known to the child. Data of
756	756	24 the Department of Justice shows that family members are
757	757	25 49%, or almost half, of the perpetrators of crimes against
758	758
759	759
760	760
761	761
762	762
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764	764
765	765
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768	768	1 child sex assault victims younger than 6 years of age.
769	769	2 (4) Research suggests a child's exposure to a batterer
770	770	3 is among the strongest indicators of risk of incest
771	771	4 victimization. One study found that female children with
772	772	5 fathers who are batterers of their mothers were 6.5 times
773	773	6 more likely to experience father-daughter incest than
774	774	7 female children who do not have abusive fathers.
775	775	8 (5) Child abuse is a major public health issue in the
776	776	9 United States. Total lifetime financial costs associated
777	777	10 with just one year of confirmed cases of child
778	778	11 maltreatment, including child physical abuse, sexual
779	779	12 abuse, psychological abuse, and neglect, result in
780	780	13 $124,000,000,000 in annual costs to the economy of the
781	781	14 United States, or approximately 1% of the gross domestic
782	782	15 product of the United States.
783	783	16 (6) Empirical research indicates that courts regularly
784	784	17 discount allegations of child physical and sexual abuse
785	785	18 when those allegations are raised in child custody cases.
786	786	19 Courts believed less than 1/4 of claims that a father has
787	787	20 committed child physical or sexual abuse. With respect to
788	788	21 cases in which an allegedly abusive parent claimed the
789	789	22 mother "alienated" the child, courts believed only 1 out
790	790	23 of 51 claims of sexual molestation by a father.
791	791	24 Independent research indicates that child sexual abuse
792	792	25 allegations are credible between 50% and 70% of the time.
793	793	26 (7) Empirical research shows that alleged or known
794	794
795	795
796	796
797	797
798	798
799	799	HB3437 - 21 - LRB104 08898 JRC 18953 b
800	800
801	801
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804	804	1 abusive parents are often granted custody or unprotected
805	805	2 parenting time by courts. Approximately 1/3 of parents
806	806	3 alleged to have committed child abuse took primary custody
807	807	4 from the protective parent reporting the abuse, placing
808	808	5 children at ongoing risk.
809	809	6 (8) Researchers have documented nearly 800 child
810	810	7 murders in the United States since 2008 committed by a
811	811	8 divorcing or separating parent. More than 100 of these
812	812	9 child murders are known to have occurred after a court
813	813	10 ordered the child to have contact with the dangerous
814	814	11 parent over the objection of a safe parent or caregiver.
815	815	12 (9) Scientifically unsound theories that treat abuse
816	816	13 allegations of mothers as likely false attempts to
817	817	14 undermine fathers are frequently applied in family court
818	818	15 to minimize or deny reports of abuse of parents and
819	819	16 children. Many experts who testify against abuse
820	820	17 allegations lack expertise in the relevant type of alleged
821	821	18 abuse, relying instead on unsound and unproven theories.
822	822	19 (10) Judges presiding over custody cases involving
823	823	20 allegations of child abuse, child sexual abuse, and
824	824	21 domestic violence are rarely required to receive training
825	825	22 on these subjects, and most states have not established
826	826	23 standards for such training.
827	827	24 (b) After considering the factors under subsection (b) of
828	828	25 Section 602.7, if the court finds that there is a history of
829	829	26 abuse of the child or a household member by a party or a
830	830
831	831
832	832
833	833
834	834
835	835	HB3437 - 22 - LRB104 08898 JRC 18953 b
836	836
837	837
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839	839	HB3437 - 23 - LRB104 08898 JRC 18953 b
840	840	1 present risk of harm to the child or an abused party and awards
841	841	2 any form of parenting time to a party who committed the abuse
842	842	3 or who has a household member who committed the abuse, the
843	843	4 court shall include in the parenting plan safety conditions,
844	844	5 restrictions, or safeguards as reasonably necessary to protect
845	845	6 the child or the abused party.
846	846	7 The court shall include in the parenting plan the reason
847	847	8 for imposing the safety conditions, restrictions, or
848	848	9 safeguards and an explanation as to why the safety conditions,
849	849	10 restrictions, or safeguards are in the best interests of the
850	850	11 child or the abused party. If supervised contact is ordered,
851	851	12 there shall be a review of the risk of harm and need for
852	852	13 continued supervision on at least an annual basis. The safety
853	853	14 conditions, restrictions, or safeguards may include:
854	854	15 (1) nonprofessional supervised parenting time;
855	855	16 (2) professional supervised parenting time;
856	856	17 (3) limitations on the time of day that parenting time
857	857	18 is permitted or the number of hours of parenting time and
858	858	19 the maximum number of hours of parenting time permitted
859	859	20 per day or per week;
860	860	21 (4) the appointment of a qualified professional
861	861	22 specializing in programming relating to the history of
862	862	23 abuse or risk of harm to provider intervention or harm
863	863	24 prevention programming. The court may order an evaluation
864	864	25 by the appointed qualified professional to determine
865	865	26 whether additional programming is necessary;
866	866
867	867
868	868
869	869
870	870
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872	872
873	873
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875	875	HB3437 - 24 - LRB104 08898 JRC 18953 b
876	876	1 (5) limitations on parenting time; or
877	877	2 (6) any other safety conditions, restrictions, or
878	878	3 safeguards to ensure the health and safety of the child or
879	879	4 to protect a household member.
880	880	5 (c) If the court finds by a preponderance of the evidence
881	881	6 that a party has abused the child or household member, there
882	882	7 shall be a rebuttable presumption that the court shall only
883	883	8 allow nonprofessional supervised parenting time or
884	884	9 professional supervised parenting time between the child and
885	885	10 the party who committed the abuse. A court may find that an
886	886	11 indicated report for physical or sexual abuse is a basis for a
887	887	12 finding of abuse under this subsection only after a de novo
888	888	13 review of the circumstances leading to the indicated report.
889	889	14 Notwithstanding this subsection, the court may award an
890	890	15 alternative form of parenting time if the court finds by a
891	891	16 preponderance of the evidence that:
892	892	17 (1) the party no longer poses a risk of abuse to the
893	893	18 child or any other household member; and
894	894	19 (2) another parenting time arrangement is in the best
895	895	20 interests of the child and will not jeopardize the health
896	896	21 and safety of the child.
897	897	22 (d) If the court finds by a preponderance of the evidence
898	898	23 that there is an ongoing risk of abuse of the child, there
899	899	24 shall be a rebuttable presumption that the court shall only
900	900	25 allow professional supervised parenting time between the child
901	901	26 and the party who poses the risk of abuse. A court may find
902	902
903	903
904	904
905	905
906	906
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908	908
909	909
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911	911	HB3437 - 25 - LRB104 08898 JRC 18953 b
912	912	1 that an indicated report for physical or sexual abuse is a
913	913	2 basis for a finding of abuse under this subsection only after a
914	914	3 de novo review of the circumstances leading to the indicated
915	915	4 report. Notwithstanding this subsection, the court may award
916	916	5 an alternative form of parenting time if the court finds by a
917	917	6 preponderance of the evidence that:
918	918	7 (1) the party no longer poses a risk of abuse to the
919	919	8 child or any other household member; and
920	920	9 (2) another parenting time arrangement is in the best
921	921	10 interests of the child and will not jeopardize the health
922	922	11 and safety of the child.
923	923	12 (e) As used in this Section:
924	924	13 "Health and safety of the child" includes, but is not
925	925	14 limited to, the physical, emotional, and psychological
926	926	15 well-being of the child.
927	927	16 "Household member" means a spouse or individual who has
928	928	17 been a spouse, individual living as a spouse or lived as a
929	929	18 spouse, parent or child, individual related by consanguinity
930	930	19 or affinity, current or former sexual or intimate partner, or
931	931	20 individual who shares biological parenthood currently sharing
932	932	21 a household with the child or a party.
933	933	22 "Intervention and harm prevention programming" includes,
934	934	23 but is not limited to, programming designed to rehabilitate
935	935	24 the offending individual, including prioritizing an
936	936	25 intervention or harm prevent program, if available, or the
937	937	26 impacts of physical, sexual, or domestic abuse on the victim.
938	938
939	939
940	940
941	941
942	942
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944	944
945	945
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948	948	1 "Nonprofessional supervised parenting time" means
949	949	2 parenting time during which an adult, designated by the court
950	950	3 or agreed upon by the parties, monitors the interaction
951	951	4 between the child and the individual with parenting time
952	952	5 rights.
953	953	6 "Professional supervised parenting time" means parenting
954	954	7 time during which a professional with education and training
955	955	8 on the dynamics of domestic violence, sexual assault, child
956	956	9 abuse, and the impact of domestic violence on children
957	957	10 oversees the interaction between the child and the individual
958	958	11 with parenting time rights and promotes the health and safety
959	959	12 of the child during the interaction.
960	960	13 (750 ILCS 5/604.10)
961	961	14 Sec. 604.10. Interviews; evaluations; investigation.
962	962	15 (a) Court's interview of child. The court may interview
963	963	16 the child in chambers to ascertain the child's wishes as to the
964	964	17 allocation of parental responsibilities. Counsel shall be
965	965	18 present at the interview unless otherwise agreed upon by the
966	966	19 parties. The entire interview shall be recorded by a court
967	967	20 reporter. The transcript of the interview shall be filed under
968	968	21 seal and released only upon order of the court.
969	969	22 (b) Court's professional. The court may seek the advice of
970	970	23 any professional, whether or not regularly employed by the
971	971	24 court, to assist the court in determining the child's best
972	972	25 interests. The advice to the court shall be in writing and sent
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983	983	1 by the professional to counsel for the parties and to the court
984	984	2 not later than 60 days before the date on which the trial court
985	985	3 reasonably anticipates the hearing on the allocation of
986	986	4 parental responsibilities will commence. The court may review
987	987	5 the writing upon receipt. The writing may be admitted into
988	988	6 evidence without testimony from its author, unless a party
989	989	7 objects. A professional consulted by the court shall testify
990	990	8 as the court's witness and be subject to cross-examination.
991	991	9 The court shall order all costs and fees of the professional to
992	992	10 be paid by one or more of the parties, subject to reallocation
993	993	11 in accordance with subsection (a) of Section 508.
994	994	12 The professional's report must, at a minimum, set forth
995	995	13 the following:
996	996	14 (1) a description of the procedures employed during
997	997	15 the evaluation;
998	998	16 (2) a report of the data collected;
999	999	17 (3) all test results;
1000	1000	18 (4) any conclusions of the professional relating to
1001	1001	19 the allocation of parental responsibilities under Sections
1002	1002	20 602.5 and 602.7;
1003	1003	21 (5) any recommendations of the professional concerning
1004	1004	22 the allocation of parental responsibilities or the child's
1005	1005	23 relocation; and
1006	1006	24 (6) an explanation of any limitations in the
1007	1007	25 evaluation or any reservations of the professional
1008	1008	26 regarding the resulting recommendations.
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1019	1019	1 (c) Evaluation by a party's retained professional. In a
1020	1020	2 proceeding to allocate parental responsibilities or to
1021	1021	3 relocate a child, upon notice and motion made by a parent or
1022	1022	4 any party to the litigation within a reasonable time before
1023	1023	5 trial, the court shall order an evaluation to assist the court
1024	1024	6 in determining the child's best interests unless the court
1025	1025	7 finds that an evaluation under this Section is untimely or not
1026	1026	8 in the best interests of the child. The evaluation may be in
1027	1027	9 place of or in addition to any advice given to the court by a
1028	1028	10 professional under subsection (b). A motion for an evaluation
1029	1029	11 under this subsection must, at a minimum, identify the
1030	1030	12 proposed evaluator and the evaluator's specialty or
1031	1031	13 discipline. An order for an evaluation under this subsection
1032	1032	14 must set forth the evaluator's name, address, and telephone
1033	1033	15 number and the time, place, conditions, and scope of the
1034	1034	16 evaluation. No person shall be required to travel an
1035	1035	17 unreasonable distance for the evaluation. The party requesting
1036	1036	18 the evaluation shall pay the evaluator's fees and costs unless
1037	1037	19 otherwise ordered by the court.
1038	1038	20 The evaluator's report must, at a minimum, set forth the
1039	1039	21 following:
1040	1040	22 (1) a description of the procedures employed during
1041	1041	23 the evaluation;
1042	1042	24 (2) a report of the data collected;
1043	1043	25 (3) all test results;
1044	1044	26 (4) any conclusions of the evaluator relating to the
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1055	1055	1 allocation of parental responsibilities under Sections
1056	1056	2 602.5 and 602.7;
1057	1057	3 (5) any recommendations of the evaluator concerning
1058	1058	4 the allocation of parental responsibilities or the child's
1059	1059	5 relocation; and
1060	1060	6 (6) an explanation of any limitations in the
1061	1061	7 evaluation or any reservations of the evaluator regarding
1062	1062	8 the resulting recommendations.
1063	1063	9 A party who retains a professional to conduct an
1064	1064	10 evaluation under this subsection shall cause the evaluator's
1065	1065	11 written report to be sent to the attorneys of record no less
1066	1066	12 than 60 days before the hearing on the allocation of parental
1067	1067	13 responsibilities, unless otherwise ordered by the court; if a
1068	1068	14 party fails to comply with this provision, the court may not
1069	1069	15 admit the evaluator's report into evidence and may not allow
1070	1070	16 the evaluator to testify.
1071	1071	17 The party calling an evaluator to testify at trial shall
1072	1072	18 disclose the evaluator as a controlled expert witness in
1073	1073	19 accordance with the Supreme Court Rules.
1074	1074	20 Any party to the litigation may call the evaluator as a
1075	1075	21 witness. That party shall pay the evaluator's fees and costs
1076	1076	22 for testifying, unless otherwise ordered by the court.
1077	1077	23 (d) Investigation. Upon notice and a motion by a parent or
1078	1078	24 any party to the litigation, or upon the court's own motion,
1079	1079	25 the court may order an investigation and report to assist the
1080	1080	26 court in allocating parental responsibilities. The
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1091	1091	1 investigation may be made by any agency, private entity, or
1092	1092	2 individual deemed appropriate by the court. The agency,
1093	1093	3 private entity, or individual appointed by the court must have
1094	1094	4 expertise in the area of allocation of parental
1095	1095	5 responsibilities. The court shall specify the purpose and
1096	1096	6 scope of the investigation.
1097	1097	7 The investigator's report must, at a minimum, set forth
1098	1098	8 the following:
1099	1099	9 (1) a description of the procedures employed during
1100	1100	10 the investigation;
1101	1101	11 (2) a report of the data collected;
1102	1102	12 (3) all test results;
1103	1103	13 (4) any conclusions of the investigator relating to
1104	1104	14 the allocation of parental responsibilities under Sections
1105	1105	15 602.5 and 602.7;
1106	1106	16 (5) any recommendations of the investigator concerning
1107	1107	17 the allocation of parental responsibilities or the child's
1108	1108	18 relocation; and
1109	1109	19 (6) an explanation of any limitations in the
1110	1110	20 investigation or any reservations of the investigator
1111	1111	21 regarding the resulting recommendations.
1112	1112	22 The investigator shall send his or her report to all
1113	1113	23 attorneys of record, and to any party not represented, at
1114	1114	24 least 60 days before the hearing on the allocation of parental
1115	1115	25 responsibilities. The court shall examine and consider the
1116	1116	26 investigator's report only after it has been admitted into
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1127	1127	1 evidence or after the parties have waived their right to
1128	1128	2 cross-examine the investigator.
1129	1129	3 The investigator shall make available to all attorneys of
1130	1130	4 record, and to any party not represented, the investigator's
1131	1131	5 file, and the names and addresses of all persons whom the
1132	1132	6 investigator has consulted, except that if such disclosure
1133	1133	7 would risk abuse to the party or any member of the party's
1134	1134	8 immediate family or household or reveal the confidential
1135	1135	9 address of a shelter for domestic violence victims, that
1136	1136	10 address may be omitted from the report. Any party to the
1137	1137	11 proceeding may call the investigator, or any person consulted
1138	1138	12 by the investigator as a court's witness, for
1139	1139	13 cross-examination. No fees shall be paid for any investigation
1140	1140	14 by a governmental agency. The fees incurred by any other
1141	1141	15 investigator shall be allocated in accordance with Section
1142	1142	16 508.
1143	1143	17 (e) Professional evaluations conducted under this Section
1144	1144	18 must be made available for comprehensive research by family
1145	1145	19 law scholars or experts as authorized by rules adopted by the
1146	1146	20 Supreme Court of Illinois. Any such rules adopted by the Court
1147	1147	21 must ensure the privacy and integrity of any person in these
1148	1148	22 evaluations. The purpose of the rules is to develop research
1149	1149	23 for the courts to have better information in making decisions
1150	1150	24 concerning children in the Illinois Marriage and Dissolution
1151	1151	25 of Marriage Act.
1152	1152	26 (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
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1163	1163	1 (750 ILCS 5/715 new)
1164	1164	2 Sec. 715. Judicial education and training.
1165	1165	3 (a) The Administrative Office of the Illinois Courts is
1166	1166	4 encouraged and authorized to develop and implement an ongoing
1167	1167	5 education and training program for judges and relevant court
1168	1168	6 personnel, including guardians ad litem, counsel for children,
1169	1169	7 and mediators, regarding family violence. The education and
1170	1170	8 training program shall include the following:
1171	1171	9 (1) physical abuse;
1172	1172	10 (2) emotional abuse;
1173	1173	11 (3) cohesive control;
1174	1174	12 (4) implicit and explicit basis;
1175	1175	13 (5) trauma;
1176	1176	14 (6) long and short-term impacts of domestic violence;
1177	1177	15 and
1178	1178	16 (7) child abuse on children and victim and perpetrator
1179	1179	17 behaviors.
1180	1180	18 (b) The education and training program shall include the
1181	1181	19 most recent best practices from evidence-based, peer-reviewed
1182	1182	20 research by recognized experts in the types of family violence
1183	1183	21 specified in this Section. The Administrative Office of the
1184	1184	22 Illinois Courts shall design the education and training
1185	1185	23 program to educate and train relevant court personnel on all
1186	1186	24 of the factors listed under Section 602.7 and improve the
1187	1187	25 ability of courts to make appropriate parenting-time decisions
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1198	1198	1 that are in the best interests of the child.
1199	1199	2 Section 15. The Illinois Domestic Violence Act of 1986 is
1200	1200	3 amended by adding Section 228 as follows:
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