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
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
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.
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A BILL FOR
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HB3437 LRB104 08898 JRC 18953 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. References to Act. This Act may be referred to
5 as Kayden's Law.
6 Section 5. The Illinois Marriage and Dissolution of
7 Marriage Act is amended by changing Sections 506, 602.5,
8 602.7, 604.10 and 603.10 and by adding Sections 603.12 and 715
9 as follows:
10 (750 ILCS 5/506) (from Ch. 40, par. 506)
11 Sec. 506. Representation of child.
12 (a) Duties. In any proceedings involving the support,
13 custody, visitation, allocation of parental responsibilities,
14 education, parentage, property interest, or general welfare of
15 a minor or dependent child, the court may, on its own motion or
16 that of any party, appoint an attorney to serve in one of the
17 following capacities to address the issues the court
18 delineates:
19 (1) Attorney. The attorney shall provide independent
20 legal counsel for the child and shall owe the same duties
21 of undivided loyalty, confidentiality, and competent
22 representation as are due an adult client.
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
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.
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LRB104 08898 JRC 18953 b
A BILL FOR
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
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1 (2) Guardian ad litem. The guardian ad litem shall
2 investigate the facts of the case and interview the child
3 and the parties. Unless the court directs otherwise, the
4 guardian ad litem shall submit to the court and the
5 parties a written report, written recommendations, or a
6 proposed parenting plan, in accordance with the child's
7 best interests, not less than 30 days before a final
8 hearing or trial. The guardian ad litem's written report
9 or written recommendations shall be admitted into evidence
10 without the need for foundation. The guardian ad litem
11 shall be available for deposition before a final hearing
12 or trial notwithstanding any other discovery cutoff. The
13 guardian ad litem may be called as a witness for purposes
14 of cross-examination regarding the guardian ad litem's
15 report or recommendations. At the discretion of the court,
16 the guardian ad litem:
17 (i) may be present for all proceedings, including
18 in camera examinations of the child;
19 (ii) may issue subpoenas for records as part of
20 the guardian ad litem's investigation; and
21 (iii) may file pleadings relating to procedural
22 matters.
23 The court appointing a guardian ad litem under this
24 Section must make reasonable efforts to appoint a guardian
25 ad litem who has received evidence-based education and
26 training on family violence, including child sexual abuse,
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1 physical abuse, emotional abuse, cohesive control,
2 implicit and explicit basis, trauma, long and short-term
3 impacts of domestic violence and child abuse on children,
4 and victim and perpetrator behaviors.
5 (3) Child representative. The child representative
6 shall advocate what the child representative finds to be
7 in the best interests of the child after reviewing the
8 facts and circumstances of the case. The child
9 representative shall meet with the child and the parties,
10 investigate the facts of the case, and encourage
11 settlement and the use of alternative forms of dispute
12 resolution. The child representative shall have the same
13 authority and obligation to participate in the litigation
14 as does an attorney for a party and shall possess all the
15 powers of investigation as does a guardian ad litem. The
16 child representative shall consider, but not be bound by,
17 the expressed wishes of the child. A child representative
18 shall have received training in child advocacy or shall
19 possess such experience as determined to be equivalent to
20 such training by the chief judge of the circuit where the
21 child representative has been appointed. The child
22 representative shall not disclose confidential
23 communications made by the child, except as required by
24 law or by the Rules of Professional Conduct. The child
25 representative shall not render an opinion,
26 recommendation, or report to the court and shall not be
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1 called as a witness, but shall offer evidence-based legal
2 arguments. The child representative shall disclose the
3 position as to what the child representative intends to
4 advocate in a pre-trial memorandum that shall be served
5 upon all counsel of record prior to the trial. The
6 position disclosed in the pre-trial memorandum shall not
7 be considered evidence. The court and the parties may
8 consider the position of the child representative for
9 purposes of a settlement conference.
10 (a-3) Additional appointments. During the proceedings the
11 court may appoint an additional attorney to serve in the
12 capacity described in subdivision (a)(1) or an additional
13 attorney to serve in another of the capacities described in
14 subdivision (a)(2) or (a)(3) on the court's own motion or that
15 of a party only for good cause shown and when the reasons for
16 the additional appointment are set forth in specific findings.
17 (a-5) Appointment considerations. In deciding whether to
18 make an appointment of an attorney for the minor child, a
19 guardian ad litem, or a child representative, the court shall
20 consider the nature and adequacy of the evidence to be
21 presented by the parties and the availability of other methods
22 of obtaining information, including social service
23 organizations and evaluations by mental health professions, as
24 well as resources for payment.
25 In no event is this Section intended to or designed to
26 abrogate the decision making power of the trier of fact. Any
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1 appointment made under this Section is not intended to nor
2 should it serve to place any appointed individual in the role
3 of a surrogate judge.
4 (b) Fees and costs. The court shall enter an order as
5 appropriate for costs, fees, and disbursements, including a
6 retainer, when the attorney, guardian ad litem, or child's
7 representative is appointed. Any person appointed under this
8 Section shall file with the court within 90 days of his or her
9 appointment, and every subsequent 90-day period thereafter
10 during the course of his or her representation, a detailed
11 invoice for services rendered with a copy being sent to each
12 party. The court shall review the invoice submitted and
13 approve the fees, if they are reasonable and necessary. Any
14 order approving the fees shall require payment by either or
15 both parents, by any other party or source, or from the marital
16 estate or the child's separate estate. The court may not order
17 payment by the Department of Healthcare and Family Services in
18 cases in which the Department is providing child support
19 enforcement services under Article X of the Illinois Public
20 Aid Code. Unless otherwise ordered by the court at the time
21 fees and costs are approved, all fees and costs payable to an
22 attorney, guardian ad litem, or child representative under
23 this Section are by implication deemed to be in the nature of
24 support of the child and are within the exceptions to
25 discharge in bankruptcy under 11 U.S.C.A. 523. The provisions
26 of Sections 501 and 508 of this Act shall apply to fees and
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1 costs for attorneys appointed under this Section.
2 (Source: P.A. 103-126, eff. 1-1-24.)
3 (750 ILCS 5/602.5)
4 Sec. 602.5. Allocation of parental responsibilities:
5 decision-making.
6 (a) Generally. The court shall allocate decision-making
7 responsibilities according to the child's best interests.
8 Nothing in this Act requires that each parent be allocated
9 decision-making responsibilities. If the court finds that
10 there has been abuse by one parent against the child or a
11 repeated pattern of coercive abuse by one parent against the
12 other parent, the parent who has engaged in the abuse may not
13 be allocated any decision-making unless the court makes a
14 finding that the parent has provided adequate evidence that
15 the parent will not use the allocation of decision making as a
16 basis to further abuse the child or the other parent and will
17 use the decision-making solely in the best interests of the
18 child.
19 (b) Allocation of significant decision-making
20 responsibilities. Unless the parents otherwise agree in
21 writing on an allocation of significant decision-making
22 responsibilities, or the issue of the allocation of parental
23 responsibilities has been reserved under Section 401, the
24 court shall make the determination. The court shall allocate
25 to one or both of the parents the significant decision-making
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1 responsibility for each significant issue affecting the child.
2 Those significant issues shall include, without limitation,
3 the following:
4 (1) Education, including the choice of schools and
5 tutors.
6 (2) Health, including all decisions relating to the
7 medical, dental, and psychological needs of the child and
8 to the treatments arising or resulting from those needs.
9 (3) Religion, subject to the following provisions:
10 (A) The court shall allocate decision-making
11 responsibility for the child's religious upbringing in
12 accordance with any express or implied agreement
13 between the parents.
14 (B) The court shall consider evidence of the
15 parents' past conduct as to the child's religious
16 upbringing in allocating decision-making
17 responsibilities consistent with demonstrated past
18 conduct in the absence of an express or implied
19 agreement between the parents.
20 (C) The court shall not allocate any aspect of the
21 child's religious upbringing if it determines that the
22 parents do not or did not have an express or implied
23 agreement for such religious upbringing or that there
24 is insufficient evidence to demonstrate a course of
25 conduct regarding the child's religious upbringing
26 that could serve as a basis for any such order.
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1 (4) Extracurricular activities.
2 (c) Determination of child's best interests. In
3 determining the child's best interests for purposes of
4 allocating significant decision-making responsibilities, the
5 court shall consider all relevant factors, including, without
6 limitation, the following:
7 (1) the wishes of the child, taking into account the
8 child's maturity and ability to express reasoned and
9 independent preferences as to decision-making and if the
10 court finds that a child who expresses fear of a parent is
11 based on the parent's actual and specific conduct that is
12 contrary to the child's best interests, the finding shall
13 be considered;
14 (2) the child's adjustment to his or her home, school,
15 and community;
16 (3) the mental and physical health of all individuals
17 involved;
18 (4) the ability of the parents to cooperate to make
19 decisions, or the level of conflict between the parties
20 that may affect their ability to share decision-making
21 especially when one parent has engaged in abuse of the
22 child or a repeated pattern of coercive abuse of the other
23 parent;
24 (5) the level of each parent's participation in past
25 significant decision-making with respect to the child;
26 (6) any prior agreement or course of conduct between
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1 the parents relating to decision-making with respect to
2 the child;
3 (7) the wishes of the parents;
4 (8) the child's needs;
5 (8.1) which parent is more likely to ensure the health
6 and safety of the child as defined in Section 603.12;
7 (9) the distance between the parents' residences, the
8 cost and difficulty of transporting the child, each
9 parent's and the child's daily schedules, and the ability
10 of the parents to cooperate in the arrangement;
11 (10) whether a restriction on decision-making is
12 appropriate under Section 603.10 or other protective
13 measures as specified in Section 603.12;
14 (11) the willingness and ability of each parent to
15 facilitate and encourage a close and continuing
16 relationship between the other parent and the child except
17 if one parent has engaged in abuse of the child or the
18 other parent, if reasonable safety measures are necessary
19 to protect the health and safety of the child as defined in
20 Section 603.12 from harm and a parent's reasonable
21 concerns for the health and safety of the child, the
22 parent's reasonable efforts to protect the child may not
23 be considered negatively under this subsection;
24 (12) the physical violence or threat of physical
25 violence by the child's parent directed against the child;
26 (13) the occurrence of abuse against the child or
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1 other member of the child's household;
2 (14) whether one of the parents is a sex offender, and
3 if so, the exact nature of the offense and what, if any,
4 treatment in which the parent has successfully
5 participated; and
6 (15) any other factor that the court expressly finds
7 to be relevant.
8 (d) A parent shall have sole responsibility for making
9 routine decisions with respect to the child and for emergency
10 decisions affecting the child's health and safety during that
11 parent's parenting time.
12 (e) In allocating significant decision-making
13 responsibilities, the court shall not consider conduct of a
14 parent that does not affect that parent's relationship to the
15 child.
16 (Source: P.A. 99-90, eff. 1-1-16.)
17 (750 ILCS 5/602.7)
18 Sec. 602.7. Allocation of parental responsibilities:
19 parenting time.
20 (a) Best interests. The court shall allocate parenting
21 time according to the child's best interests.
22 (b) Allocation of parenting time. Unless the parents
23 present a mutually agreed written parenting plan and that plan
24 is approved by the court, the court shall allocate parenting
25 time. It is presumed both parents are fit and the court shall
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1 not place any restrictions on parenting time as defined in
2 Section 600 and described in Section 603.10, unless it finds
3 by a preponderance of the evidence that a parent's exercise of
4 parenting time would seriously endanger the child's physical,
5 mental, moral, or emotional health.
6 In determining the child's best interests for purposes of
7 allocating parenting time, the court shall consider all
8 relevant factors, including, without limitation, the
9 following:
10 (1) the wishes of each parent seeking parenting time;
11 (2) the wishes of the child, taking into account the
12 child's maturity and ability to express reasoned and
13 independent preferences as to parenting time. If the court
14 finds that a child who expresses fear of a parent is based
15 on the parent's actual and specific conduct that is
16 contrary to the child's best interests, the finding shall
17 be considered;
18 (3) the amount of time each parent spent performing
19 caretaking functions with respect to the child in the 24
20 months preceding the filing of any petition for allocation
21 of parental responsibilities or, if the child is under 2
22 years of age, since the child's birth;
23 (4) any prior agreement or course of conduct between
24 the parents relating to caretaking functions with respect
25 to the child;
26 (5) the interaction and interrelationship of the child
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1 with his or her parents and siblings and with any other
2 person who may significantly affect the child's best
3 interests;
4 (6) the child's adjustment to his or her home, school,
5 and community;
6 (7) the mental and physical health of all individuals
7 involved;
8 (8) the child's needs;
9 (8.1) which parent is more likely to ensure the health
10 and safety of the child, as defined in Section 603.12;
11 (9) the distance between the parents' residences, the
12 cost and difficulty of transporting the child, each
13 parent's and the child's daily schedules, and the ability
14 of the parents to cooperate in the arrangement;
15 (10) whether a restriction on parenting time is
16 appropriate;
17 (11) the physical violence or threat of physical
18 violence by the child's parent directed against the child
19 or other member of the child's household;
20 (12) the willingness and ability of each parent to
21 place the needs of the child ahead of his or her own needs;
22 (13) the willingness and ability of each parent to
23 facilitate and encourage a close and continuing
24 relationship between the other parent and the child except
25 if one parent has engaged in abuse of the child or the
26 other parent, if reasonable safety measures are necessary
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1 to protect the health and safety of the child as defined in
2 Section 603.12 from harm and a parent's reasonable
3 concerns for the health and safety of the child, the
4 parent's reasonable efforts to protect the child may not
5 be considered negatively under this subsection;
6 (14) the occurrence of abuse against the child or
7 other member of the child's household;
8 (15) whether one of the parents is a convicted sex
9 offender or lives with a convicted sex offender and, if
10 so, the exact nature of the offense and what if any
11 treatment the offender has successfully participated in;
12 the parties are entitled to a hearing on the issues raised
13 in this paragraph (15);
14 (16) the terms of a parent's military family-care plan
15 that a parent must complete before deployment if a parent
16 is a member of the United States Armed Forces who is being
17 deployed; and
18 (17) any other factor that the court expressly finds
19 to be relevant.
20 (b-1) A factor under subsection (b) may not be adversely
21 weighed against a party if the circumstances related to the
22 factor were in response to abuse or necessary to protect the
23 child or the abused party from harm and the party alleging
24 abuse does not pose a risk to the health and safety of the
25 child, as defined in Section 603.12. A temporary housing
26 instability as a result of abuse may not be considered against
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1 the party alleging the abuse.
2 As used in this subsection, "temporary housing
3 instability" means a period not to exceed 6 months from the
4 date of the last incident of abuse as determined by the court.
5 (c) In allocating parenting time, the court shall not
6 consider conduct of a parent that does not affect that
7 parent's relationship to the child.
8 (d) Upon motion, the court may allow a parent who is
9 deployed or who has orders to be deployed as a member of the
10 United States Armed Forces to designate a person known to the
11 child to exercise reasonable substitute visitation on behalf
12 of the deployed parent, if the court determines that
13 substitute visitation is in the best interests of the child.
14 In determining whether substitute visitation is in the best
15 interests of the child, the court shall consider all of the
16 relevant factors listed in subsection (b) of this Section and
17 apply those factors to the person designated as a substitute
18 for the deployed parent for visitation purposes. Visitation
19 orders entered under this subsection are subject to
20 subsections (e) and (f) of Section 602.9 and subsections (c)
21 and (d) of Section 603.10.
22 (e) If the street address of a parent is not identified
23 pursuant to Section 708 of this Act, the court shall require
24 the parties to identify reasonable alternative arrangements
25 for parenting time by the other parent including, but not
26 limited to, parenting time of the minor child at the residence
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1 of another person or at a local public or private facility.
2 (Source: P.A. 99-90, eff. 1-1-16.)
3 (750 ILCS 5/603.10)
4 Sec. 603.10. Restriction of parental responsibilities.
5 (a) After a hearing, if the court finds by a preponderance
6 of the evidence that a parent engaged in any conduct that
7 seriously endangered the child's mental, moral, or physical
8 health or that significantly impaired the child's emotional
9 development, the court shall enter orders as necessary to
10 protect the child. If a parent does any of the following that
11 seriously endangers a child's health or significantly impairs
12 the child's emotional development:
13 (1) inflicts physical injury upon the parent's child
14 or another child, by other than accidental means, which
15 causes death, disfigurement, impairment of physical or
16 emotional health, or loss of impairment of any bodily
17 function;
18 (2) creates a substantial risk of physical injury
19 against the parent's child or another child, by other than
20 accidental means, which would be likely to cause death,
21 disfigurement, impairment of physical or emotional health,
22 or loss of impairment of any bodily function;
23 (3) inflicts excessive corporal punishment upon the
24 parent's child or another child;
25 (4) commits any sex offense against the parent's child
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1 or another child; or
2 (5) commits an act of torture against the parent's
3 child or another child.
4 If the court finds by a preponderance of the evidence that
5 any of this conduct has likely occurred, the court shall order
6 one or more of the restrictions on parenting time set forth in
7 Section 603.10, including temporarily denying parenting time,
8 restricting parenting time to supervised parenting time, and
9 any other protective measures that are necessary to protect
10 the child's physical, mental, moral, or emotional well-being.
11 Such orders may include, but are not limited to, orders
12 for one or more of the following:
13 (1) a reduction, elimination, or other adjustment of
14 the parent's decision-making responsibilities or parenting
15 time, or both decision-making responsibilities and
16 parenting time;
17 (2) supervision, including ordering the Department of
18 Children and Family Services to exercise continuing
19 supervision under Section 5 of the Children and Family
20 Services Act;
21 (2.1) supervision under Section 603.12;
22 (3) requiring the exchange of the child between the
23 parents through an intermediary or in a protected setting;
24 (4) restraining a parent's communication with or
25 proximity to the other parent or the child;
26 (5) requiring a parent to abstain from possessing or
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1 consuming alcohol or non-prescribed drugs while exercising
2 parenting time with the child and within a specified
3 period immediately preceding the exercise of parenting
4 time;
5 (6) restricting the presence of specific persons while
6 a parent is exercising parenting time with the child;
7 (7) requiring a parent to post a bond to secure the
8 return of the child following the parent's exercise of
9 parenting time or to secure other performance required by
10 the court;
11 (8) requiring a parent to complete a treatment program
12 for perpetrators of abuse, for drug or alcohol abuse, or
13 for other behavior that is the basis for restricting
14 parental responsibilities under this Section; and
15 (9) any other constraints or conditions that the court
16 deems necessary to provide for the child's safety or
17 welfare.
18 (b) The court may modify an order restricting parental
19 responsibilities if, after a hearing, the court finds by a
20 preponderance of the evidence that a modification is in the
21 child's best interests based on (i) a change of circumstances
22 that occurred after the entry of an order restricting parental
23 responsibilities; or (ii) conduct of which the court was
24 previously unaware that seriously endangers the child. In
25 determining whether to modify an order under this subsection,
26 the court must consider factors that include, but need not be
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1 limited to, the following:
2 (1) abuse, neglect, or abandonment of the child;
3 (2) abusing or allowing abuse of another person that
4 had an impact upon the child;
5 (3) use of drugs, alcohol, or any other substance in a
6 way that interferes with the parent's ability to perform
7 caretaking functions with respect to the child; and
8 (4) persistent continuing interference with the other
9 parent's access to the child, except for actions taken
10 with a reasonable, good-faith belief that they are
11 necessary to protect the child's safety pending
12 adjudication of the facts underlying that belief, provided
13 that the interfering parent initiates a proceeding to
14 determine those facts as soon as practicable.
15 (c) An order granting parenting time to a parent or
16 visitation to another person may be revoked by the court if
17 that parent or other person is found to have knowingly used his
18 or her parenting time or visitation to facilitate contact
19 between the child and a parent who has been barred from contact
20 with the child or to have knowingly used his or her parenting
21 time or visitation to facilitate contact with the child that
22 violates any restrictions imposed on a parent's parenting time
23 by a court of competent jurisdiction. Nothing in this
24 subsection limits a court's authority to enforce its orders in
25 any other manner authorized by law.
26 (d) If parenting time of a parent is restricted, an order
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1 granting visitation to a non-parent with a child or an order
2 granting parenting time to the other parent shall contain the
3 following language:
4 "If a person granted parenting time or visitation
5 under this order uses that time to facilitate contact
6 between the child and a parent whose parenting time is
7 restricted, or if such a person violates any restrictions
8 placed on parenting time or visitation by the court, the
9 parenting time or visitation granted under this order
10 shall be revoked until further order of court."
11 (e) A parent who, after a hearing, is determined by the
12 court to have been convicted of any offense involving an
13 illegal sex act perpetrated upon a victim less than 18 years of
14 age, including but not limited to an offense under Article 11
15 of the Criminal Code of 2012, is not entitled to parenting time
16 while incarcerated or while on parole, probation, conditional
17 discharge, periodic imprisonment, or mandatory supervised
18 release for a felony offense, until the parent complies with
19 such terms and conditions as the court determines are in the
20 child's best interests, taking into account the exact nature
21 of the offense and what, if any, treatment in which the parent
22 successfully participated.
23 (f) A parent may not, while the child is present, visit any
24 person granted visitation or parenting time who has been
25 convicted of first degree murder, unless the court finds,
26 after considering all relevant factors, including those set
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1 forth in subsection (b) of Section 602.7, that it would be in
2 the child's best interests to allow the child to be present
3 during such a visit.
4 (Source: P.A. 99-90, eff. 1-1-16.)
5 (750 ILCS 5/603.12 new)
6 Sec. 603.12. Safety conditions.
7 (a) The General Assembly adopts the findings of the United
8 States Congress in enacting Kayden's Law in Public Law 117-103
9 as follows:
10 (1) Approximately 1 in 15 children is exposed to
11 domestic violence each year.
12 (2) Most child abuse is perpetrated in the family and
13 by a parent. Intimate partner violence and child abuse
14 overlap in the same families at rates between 30% and 60%.
15 A child's risk of abuse increases after a perpetrator of
16 intimate partner violence separates from a domestic
17 partner, even when the perpetrator has not previously
18 directly abused the child. Children who have witnessed
19 intimate partner violence are approximately 4 times more
20 likely to experience direct child maltreatment than
21 children who have not witnessed intimate partner violence.
22 (3) More than 75% of child sexual abuse is perpetrated
23 by a family member or a person known to the child. Data of
24 the Department of Justice shows that family members are
25 49%, or almost half, of the perpetrators of crimes against
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1 child sex assault victims younger than 6 years of age.
2 (4) Research suggests a child's exposure to a batterer
3 is among the strongest indicators of risk of incest
4 victimization. One study found that female children with
5 fathers who are batterers of their mothers were 6.5 times
6 more likely to experience father-daughter incest than
7 female children who do not have abusive fathers.
8 (5) Child abuse is a major public health issue in the
9 United States. Total lifetime financial costs associated
10 with just one year of confirmed cases of child
11 maltreatment, including child physical abuse, sexual
12 abuse, psychological abuse, and neglect, result in
13 $124,000,000,000 in annual costs to the economy of the
14 United States, or approximately 1% of the gross domestic
15 product of the United States.
16 (6) Empirical research indicates that courts regularly
17 discount allegations of child physical and sexual abuse
18 when those allegations are raised in child custody cases.
19 Courts believed less than 1/4 of claims that a father has
20 committed child physical or sexual abuse. With respect to
21 cases in which an allegedly abusive parent claimed the
22 mother "alienated" the child, courts believed only 1 out
23 of 51 claims of sexual molestation by a father.
24 Independent research indicates that child sexual abuse
25 allegations are credible between 50% and 70% of the time.
26 (7) Empirical research shows that alleged or known
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1 abusive parents are often granted custody or unprotected
2 parenting time by courts. Approximately 1/3 of parents
3 alleged to have committed child abuse took primary custody
4 from the protective parent reporting the abuse, placing
5 children at ongoing risk.
6 (8) Researchers have documented nearly 800 child
7 murders in the United States since 2008 committed by a
8 divorcing or separating parent. More than 100 of these
9 child murders are known to have occurred after a court
10 ordered the child to have contact with the dangerous
11 parent over the objection of a safe parent or caregiver.
12 (9) Scientifically unsound theories that treat abuse
13 allegations of mothers as likely false attempts to
14 undermine fathers are frequently applied in family court
15 to minimize or deny reports of abuse of parents and
16 children. Many experts who testify against abuse
17 allegations lack expertise in the relevant type of alleged
18 abuse, relying instead on unsound and unproven theories.
19 (10) Judges presiding over custody cases involving
20 allegations of child abuse, child sexual abuse, and
21 domestic violence are rarely required to receive training
22 on these subjects, and most states have not established
23 standards for such training.
24 (b) After considering the factors under subsection (b) of
25 Section 602.7, if the court finds that there is a history of
26 abuse of the child or a household member by a party or a
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1 present risk of harm to the child or an abused party and awards
2 any form of parenting time to a party who committed the abuse
3 or who has a household member who committed the abuse, the
4 court shall include in the parenting plan safety conditions,
5 restrictions, or safeguards as reasonably necessary to protect
6 the child or the abused party.
7 The court shall include in the parenting plan the reason
8 for imposing the safety conditions, restrictions, or
9 safeguards and an explanation as to why the safety conditions,
10 restrictions, or safeguards are in the best interests of the
11 child or the abused party. If supervised contact is ordered,
12 there shall be a review of the risk of harm and need for
13 continued supervision on at least an annual basis. The safety
14 conditions, restrictions, or safeguards may include:
15 (1) nonprofessional supervised parenting time;
16 (2) professional supervised parenting time;
17 (3) limitations on the time of day that parenting time
18 is permitted or the number of hours of parenting time and
19 the maximum number of hours of parenting time permitted
20 per day or per week;
21 (4) the appointment of a qualified professional
22 specializing in programming relating to the history of
23 abuse or risk of harm to provider intervention or harm
24 prevention programming. The court may order an evaluation
25 by the appointed qualified professional to determine
26 whether additional programming is necessary;
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1 (5) limitations on parenting time; or
2 (6) any other safety conditions, restrictions, or
3 safeguards to ensure the health and safety of the child or
4 to protect a household member.
5 (c) If the court finds by a preponderance of the evidence
6 that a party has abused the child or household member, there
7 shall be a rebuttable presumption that the court shall only
8 allow nonprofessional supervised parenting time or
9 professional supervised parenting time between the child and
10 the party who committed the abuse. A court may find that an
11 indicated report for physical or sexual abuse is a basis for a
12 finding of abuse under this subsection only after a de novo
13 review of the circumstances leading to the indicated report.
14 Notwithstanding this subsection, the court may award an
15 alternative form of parenting time if the court finds by a
16 preponderance of the evidence that:
17 (1) the party no longer poses a risk of abuse to the
18 child or any other household member; and
19 (2) another parenting time arrangement is in the best
20 interests of the child and will not jeopardize the health
21 and safety of the child.
22 (d) If the court finds by a preponderance of the evidence
23 that there is an ongoing risk of abuse of the child, there
24 shall be a rebuttable presumption that the court shall only
25 allow professional supervised parenting time between the child
26 and the party who poses the risk of abuse. A court may find
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1 that an indicated report for physical or sexual abuse is a
2 basis for a finding of abuse under this subsection only after a
3 de novo review of the circumstances leading to the indicated
4 report. Notwithstanding this subsection, the court may award
5 an alternative form of parenting time if the court finds by a
6 preponderance of the evidence that:
7 (1) the party no longer poses a risk of abuse to the
8 child or any other household member; and
9 (2) another parenting time arrangement is in the best
10 interests of the child and will not jeopardize the health
11 and safety of the child.
12 (e) As used in this Section:
13 "Health and safety of the child" includes, but is not
14 limited to, the physical, emotional, and psychological
15 well-being of the child.
16 "Household member" means a spouse or individual who has
17 been a spouse, individual living as a spouse or lived as a
18 spouse, parent or child, individual related by consanguinity
19 or affinity, current or former sexual or intimate partner, or
20 individual who shares biological parenthood currently sharing
21 a household with the child or a party.
22 "Intervention and harm prevention programming" includes,
23 but is not limited to, programming designed to rehabilitate
24 the offending individual, including prioritizing an
25 intervention or harm prevent program, if available, or the
26 impacts of physical, sexual, or domestic abuse on the victim.
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1 "Nonprofessional supervised parenting time" means
2 parenting time during which an adult, designated by the court
3 or agreed upon by the parties, monitors the interaction
4 between the child and the individual with parenting time
5 rights.
6 "Professional supervised parenting time" means parenting
7 time during which a professional with education and training
8 on the dynamics of domestic violence, sexual assault, child
9 abuse, and the impact of domestic violence on children
10 oversees the interaction between the child and the individual
11 with parenting time rights and promotes the health and safety
12 of the child during the interaction.
13 (750 ILCS 5/604.10)
14 Sec. 604.10. Interviews; evaluations; investigation.
15 (a) Court's interview of child. The court may interview
16 the child in chambers to ascertain the child's wishes as to the
17 allocation of parental responsibilities. Counsel shall be
18 present at the interview unless otherwise agreed upon by the
19 parties. The entire interview shall be recorded by a court
20 reporter. The transcript of the interview shall be filed under
21 seal and released only upon order of the court.
22 (b) Court's professional. The court may seek the advice of
23 any professional, whether or not regularly employed by the
24 court, to assist the court in determining the child's best
25 interests. The advice to the court shall be in writing and sent
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1 by the professional to counsel for the parties and to the court
2 not later than 60 days before the date on which the trial court
3 reasonably anticipates the hearing on the allocation of
4 parental responsibilities will commence. The court may review
5 the writing upon receipt. The writing may be admitted into
6 evidence without testimony from its author, unless a party
7 objects. A professional consulted by the court shall testify
8 as the court's witness and be subject to cross-examination.
9 The court shall order all costs and fees of the professional to
10 be paid by one or more of the parties, subject to reallocation
11 in accordance with subsection (a) of Section 508.
12 The professional's report must, at a minimum, set forth
13 the following:
14 (1) a description of the procedures employed during
15 the evaluation;
16 (2) a report of the data collected;
17 (3) all test results;
18 (4) any conclusions of the professional relating to
19 the allocation of parental responsibilities under Sections
20 602.5 and 602.7;
21 (5) any recommendations of the professional concerning
22 the allocation of parental responsibilities or the child's
23 relocation; and
24 (6) an explanation of any limitations in the
25 evaluation or any reservations of the professional
26 regarding the resulting recommendations.
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1 (c) Evaluation by a party's retained professional. In a
2 proceeding to allocate parental responsibilities or to
3 relocate a child, upon notice and motion made by a parent or
4 any party to the litigation within a reasonable time before
5 trial, the court shall order an evaluation to assist the court
6 in determining the child's best interests unless the court
7 finds that an evaluation under this Section is untimely or not
8 in the best interests of the child. The evaluation may be in
9 place of or in addition to any advice given to the court by a
10 professional under subsection (b). A motion for an evaluation
11 under this subsection must, at a minimum, identify the
12 proposed evaluator and the evaluator's specialty or
13 discipline. An order for an evaluation under this subsection
14 must set forth the evaluator's name, address, and telephone
15 number and the time, place, conditions, and scope of the
16 evaluation. No person shall be required to travel an
17 unreasonable distance for the evaluation. The party requesting
18 the evaluation shall pay the evaluator's fees and costs unless
19 otherwise ordered by the court.
20 The evaluator's report must, at a minimum, set forth the
21 following:
22 (1) a description of the procedures employed during
23 the evaluation;
24 (2) a report of the data collected;
25 (3) all test results;
26 (4) any conclusions of the evaluator relating to the
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1 allocation of parental responsibilities under Sections
2 602.5 and 602.7;
3 (5) any recommendations of the evaluator concerning
4 the allocation of parental responsibilities or the child's
5 relocation; and
6 (6) an explanation of any limitations in the
7 evaluation or any reservations of the evaluator regarding
8 the resulting recommendations.
9 A party who retains a professional to conduct an
10 evaluation under this subsection shall cause the evaluator's
11 written report to be sent to the attorneys of record no less
12 than 60 days before the hearing on the allocation of parental
13 responsibilities, unless otherwise ordered by the court; if a
14 party fails to comply with this provision, the court may not
15 admit the evaluator's report into evidence and may not allow
16 the evaluator to testify.
17 The party calling an evaluator to testify at trial shall
18 disclose the evaluator as a controlled expert witness in
19 accordance with the Supreme Court Rules.
20 Any party to the litigation may call the evaluator as a
21 witness. That party shall pay the evaluator's fees and costs
22 for testifying, unless otherwise ordered by the court.
23 (d) Investigation. Upon notice and a motion by a parent or
24 any party to the litigation, or upon the court's own motion,
25 the court may order an investigation and report to assist the
26 court in allocating parental responsibilities. The
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1 investigation may be made by any agency, private entity, or
2 individual deemed appropriate by the court. The agency,
3 private entity, or individual appointed by the court must have
4 expertise in the area of allocation of parental
5 responsibilities. The court shall specify the purpose and
6 scope of the investigation.
7 The investigator's report must, at a minimum, set forth
8 the following:
9 (1) a description of the procedures employed during
10 the investigation;
11 (2) a report of the data collected;
12 (3) all test results;
13 (4) any conclusions of the investigator relating to
14 the allocation of parental responsibilities under Sections
15 602.5 and 602.7;
16 (5) any recommendations of the investigator concerning
17 the allocation of parental responsibilities or the child's
18 relocation; and
19 (6) an explanation of any limitations in the
20 investigation or any reservations of the investigator
21 regarding the resulting recommendations.
22 The investigator shall send his or her report to all
23 attorneys of record, and to any party not represented, at
24 least 60 days before the hearing on the allocation of parental
25 responsibilities. The court shall examine and consider the
26 investigator's report only after it has been admitted into
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1 evidence or after the parties have waived their right to
2 cross-examine the investigator.
3 The investigator shall make available to all attorneys of
4 record, and to any party not represented, the investigator's
5 file, and the names and addresses of all persons whom the
6 investigator has consulted, except that if such disclosure
7 would risk abuse to the party or any member of the party's
8 immediate family or household or reveal the confidential
9 address of a shelter for domestic violence victims, that
10 address may be omitted from the report. Any party to the
11 proceeding may call the investigator, or any person consulted
12 by the investigator as a court's witness, for
13 cross-examination. No fees shall be paid for any investigation
14 by a governmental agency. The fees incurred by any other
15 investigator shall be allocated in accordance with Section
16 508.
17 (e) Professional evaluations conducted under this Section
18 must be made available for comprehensive research by family
19 law scholars or experts as authorized by rules adopted by the
20 Supreme Court of Illinois. Any such rules adopted by the Court
21 must ensure the privacy and integrity of any person in these
22 evaluations. The purpose of the rules is to develop research
23 for the courts to have better information in making decisions
24 concerning children in the Illinois Marriage and Dissolution
25 of Marriage Act.
26 (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
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1 (750 ILCS 5/715 new)
2 Sec. 715. Judicial education and training.
3 (a) The Administrative Office of the Illinois Courts is
4 encouraged and authorized to develop and implement an ongoing
5 education and training program for judges and relevant court
6 personnel, including guardians ad litem, counsel for children,
7 and mediators, regarding family violence. The education and
8 training program shall include the following:
9 (1) physical abuse;
10 (2) emotional abuse;
11 (3) cohesive control;
12 (4) implicit and explicit basis;
13 (5) trauma;
14 (6) long and short-term impacts of domestic violence;
15 and
16 (7) child abuse on children and victim and perpetrator
17 behaviors.
18 (b) The education and training program shall include the
19 most recent best practices from evidence-based, peer-reviewed
20 research by recognized experts in the types of family violence
21 specified in this Section. The Administrative Office of the
22 Illinois Courts shall design the education and training
23 program to educate and train relevant court personnel on all
24 of the factors listed under Section 602.7 and improve the
25 ability of courts to make appropriate parenting-time decisions
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1 that are in the best interests of the child.
2 Section 15. The Illinois Domestic Violence Act of 1986 is
3 amended by adding Section 228 as follows:
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