Illinois 2025-2026 Regular Session

Illinois House Bill HB3619 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3619 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: New Act Creates the Keeping Children Safe from Family Violence Act. Prohibits a court from ordering family reunification treatments, programs, or services that, as a condition of enrollment or participation, require or result in any of the following: (i) a no contact order, (ii) an overnight, out-of-state, or multiday stay, (iii) a transfer of physical or legal custody of the child, (iv) the use of private youth transporters or private transportation agents engaged in the use of force, threat of force, physical obstruction, acutely distressing circumstances, or circumstances that place the safety of the child at risk, or (v) the use of threats of physical force, undue coercion, verbal abuse, isolation from the child's family, community, or other sources of support, or other acutely distressing circumstances. Applies the Act to any proceeding involving the support, custody, visitation, allocation of parental responsibilities, education, parentage, property interest, or general welfare of a child. Provides that the Act does not affect the authority granted to the courts and the Department of Children and Family Services under the Juvenile Court Act of 1987. LRB104 08292 JRC 18343 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3619 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: New Act New Act Creates the Keeping Children Safe from Family Violence Act. Prohibits a court from ordering family reunification treatments, programs, or services that, as a condition of enrollment or participation, require or result in any of the following: (i) a no contact order, (ii) an overnight, out-of-state, or multiday stay, (iii) a transfer of physical or legal custody of the child, (iv) the use of private youth transporters or private transportation agents engaged in the use of force, threat of force, physical obstruction, acutely distressing circumstances, or circumstances that place the safety of the child at risk, or (v) the use of threats of physical force, undue coercion, verbal abuse, isolation from the child's family, community, or other sources of support, or other acutely distressing circumstances. Applies the Act to any proceeding involving the support, custody, visitation, allocation of parental responsibilities, education, parentage, property interest, or general welfare of a child. Provides that the Act does not affect the authority granted to the courts and the Department of Children and Family Services under the Juvenile Court Act of 1987. LRB104 08292 JRC 18343 b LRB104 08292 JRC 18343 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3619 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
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55 Creates the Keeping Children Safe from Family Violence Act. Prohibits a court from ordering family reunification treatments, programs, or services that, as a condition of enrollment or participation, require or result in any of the following: (i) a no contact order, (ii) an overnight, out-of-state, or multiday stay, (iii) a transfer of physical or legal custody of the child, (iv) the use of private youth transporters or private transportation agents engaged in the use of force, threat of force, physical obstruction, acutely distressing circumstances, or circumstances that place the safety of the child at risk, or (v) the use of threats of physical force, undue coercion, verbal abuse, isolation from the child's family, community, or other sources of support, or other acutely distressing circumstances. Applies the Act to any proceeding involving the support, custody, visitation, allocation of parental responsibilities, education, parentage, property interest, or general welfare of a child. Provides that the Act does not affect the authority granted to the courts and the Department of Children and Family Services under the Juvenile Court Act of 1987.
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1111 1 AN ACT concerning civil law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the
1515 5 Keeping Children Safe Act.
1616 6 Section 5. Legislative findings.
1717 7 (a) The General Assembly finds and declares the following:
1818 8 (1) Approximately one in 15 children in the United
1919 9 States is exposed to domestic violence each year.
2020 10 (2) Most child abuse in America is perpetrated in the
2121 11 family and by a parent, and intimate partner violence and
2222 12 child abuse overlap in the same families at rates between
2323 13 30% and 60%. A child's risk of abuse increases after a
2424 14 perpetrator of intimate partner violence separates from a
2525 15 domestic partner, even when the perpetrator has not
2626 16 previously directly abused the child. Children in the
2727 17 United States who have witnessed intimate partner violence
2828 18 are approximately 4 times more likely to experience direct
2929 19 child maltreatment than children who have not witnessed
3030 20 intimate partner violence.
3131 21 (3) More than 75% of child sexual abuse in America is
3232 22 perpetrated by a family member or a person known to the
3333 23 child. Data from the United States Department of Justice
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3619 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
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4040 Creates the Keeping Children Safe from Family Violence Act. Prohibits a court from ordering family reunification treatments, programs, or services that, as a condition of enrollment or participation, require or result in any of the following: (i) a no contact order, (ii) an overnight, out-of-state, or multiday stay, (iii) a transfer of physical or legal custody of the child, (iv) the use of private youth transporters or private transportation agents engaged in the use of force, threat of force, physical obstruction, acutely distressing circumstances, or circumstances that place the safety of the child at risk, or (v) the use of threats of physical force, undue coercion, verbal abuse, isolation from the child's family, community, or other sources of support, or other acutely distressing circumstances. Applies the Act to any proceeding involving the support, custody, visitation, allocation of parental responsibilities, education, parentage, property interest, or general welfare of a child. Provides that the Act does not affect the authority granted to the courts and the Department of Children and Family Services under the Juvenile Court Act of 1987.
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6868 1 shows that family members are 49%, or almost one-half, of
6969 2 the perpetrators of crimes against child sex assault
7070 3 victims younger than 6 years of age.
7171 4 (4) Research suggests that a child's exposure to an
7272 5 abuser is among the strongest indicators of risk of incest
7373 6 victimization. One national study found that female
7474 7 children with fathers who are abusers of their mothers
7575 8 were 6 and one-half times more likely to experience
7676 9 father-daughter incest than female children who do not
7777 10 have abusive fathers.
7878 11 (5) Child abuse is a major public health issue in the
7979 12 United States. Total lifetime financial costs associated
8080 13 with just one year of confirmed cases of child
8181 14 maltreatment, including child physical abuse, sexual
8282 15 abuse, psychological abuse, and neglect, result in
8383 16 $124,000,000,000 in annual costs to the economy of the
8484 17 United States, or approximately 1% of the gross domestic
8585 18 product of the United States.
8686 19 (6) On April 13, 2023, the United Nations Special
8787 20 Rapporteur on violence against women and girls called for
8888 21 a ban on highly traumatizing reunification treatments
8989 22 promoted through unlicensed, unregulated, for-profit
9090 23 industries, which result in children being isolated
9191 24 through extended no-contact orders from the other parent,
9292 25 family, friends, schools, and communities.
9393 26 (b) It is the intent of the General Assembly to do the
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104104 1 following:
105105 2 (1) Increase the priority given to child safety in any
106106 3 State court proceeding that affects or may affect the
107107 4 custody and care of children.
108108 5 (2) To prohibit Illinois courts from ordering
109109 6 reunification treatments, programs, or services,
110110 7 including, but not limited to, camps, therapeutic
111111 8 vacations, workshops, and parenting programs, that cut off
112112 9 the relationship with a parent or sequester the child from
113113 10 extended family, friends, and community under acutely
114114 11 distressing circumstances, such as using professional
115115 12 transport agents that force a child into a threat-based,
116116 13 coercive environment to address, repair, or remediate the
117117 14 relationship with the other parent whom the child is
118118 15 rejecting or resisting.
119119 16 (3) Ensure that persons involved in cases containing
120120 17 domestic violence or child abuse allegations receive
121121 18 trauma-informed and culturally appropriate training on the
122122 19 dynamics, signs, and impact of domestic violence and child
123123 20 abuse, including child sexual abuse.
124124 21 (4) Ensure training is designed to improve the ability
125125 22 of judges and attorneys, court employees involved in
126126 23 family law proceedings covered under this Act, and those
127127 24 persons appointed by a court to assist the court in
128128 25 resolving these family law proceedings to recognize and
129129 26 respond to child abuse, domestic violence, and trauma in
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140140 1 family victims.
141141 2 (5) Ensure training that is designed to improve the
142142 3 ability of these persons who perform duties in domestic
143143 4 violence or child custody matters to prioritize children
144144 5 and make appropriate custody decisions in the best
145145 6 interest of child safety and well-being and that are
146146 7 culturally responsive and appropriate for diverse
147147 8 communities.
148148 9 (6) Move Illinois toward becoming eligible for
149149 10 additional grant funding through the United States
150150 11 Department of Justice's STOP Violence Against Women
151151 12 Formula Grant Program, as appropriated for states that
152152 13 meet the requirements of the federal Violence Against
153153 14 Women Act Reauthorization Act of 2022 (Division W of
154154 15 Public Law 117-103).
155155 16 (c) The General Assembly does not intend, by passage of
156156 17 this bill, to discriminate against parents or children based
157157 18 on either a parent's or the child's actual or perceived sex,
158158 19 gender, sexual orientation, gender identity or expression,
159159 20 race, color, ancestry, national origin, ethnic group
160160 21 identification, age, religion, marital or parental status,
161161 22 physical or mental disability or genetic information, or
162162 23 association with a person or group with one or more of these
163163 24 actual or perceived characteristics.
164164 25 Section 10. Certain reunification efforts prohibited.
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175175 1 (a) Notwithstanding any other law, a court may not order
176176 2 family reunification treatments, programs, or services,
177177 3 including, but not limited to, camps, workshops, therapeutic
178178 4 vacations, or educational programs, that, as a condition of
179179 5 enrollment or participation, require or result in any of the
180180 6 following:
181181 7 (1) A no contact order.
182182 8 (2) An overnight, out-of-state, or multiday stay.
183183 9 (3) A transfer of physical or legal custody of the
184184 10 child.
185185 11 (4) The use of private youth transporters or private
186186 12 transportation agents engaged in the use of force, threat
187187 13 of force, physical obstruction, acutely distressing
188188 14 circumstances, or circumstances that place the safety of
189189 15 the child at risk.
190190 16 (5) The use of threats of physical force, undue
191191 17 coercion, verbal abuse, isolation from the child's family,
192192 18 community, or other sources of support, or other acutely
193193 19 distressing circumstances.
194194 20 (b) This Section applies to any proceeding involving the
195195 21 support, custody, visitation, allocation of parental
196196 22 responsibilities, education, parentage, property interest, or
197197 23 general welfare of a child.
198198 24 (c) This Section does not affect the authority granted to
199199 25 the courts and the Department of Children and Family Services
200200 26 under the Juvenile Court Act of 1987.
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211211 1 Section 15. Training of court personnel.
212212 2 (a) The Administrative Office of the Illinois Courts is
213213 3 encouraged and authorized to establish judicial training
214214 4 programs for individuals who perform duties in domestic
215215 5 violence or child custody matters, including, but not limited
216216 6 to, judges, attorneys, court personnel who are assigned to or
217217 7 working in cases involving domestic violence or child custody
218218 8 matters, and any person employed by the court or attorneys who
219219 9 perform duties in domestic violence or child custody matters
220220 10 to include, but not be limited to, guardians ad litem, custody
221221 11 evaluators, mediators, expert witnesses in these matters,
222222 12 child custody recommending counselors, and others who are
223223 13 deemed appropriate by the Administrative Office of the
224224 14 Illinois Courts.
225225 15 (b)(1) The training program described in this Section
226226 16 shall be an ongoing training and education program designed to
227227 17 improve the ability of courts to recognize and respond to
228228 18 child physical abuse, child sexual abuse, domestic violence,
229229 19 and trauma in family victims, particularly children, and to
230230 20 make appropriate custody decisions that prioritize child
231231 21 safety and well-being and are culturally sensitive and
232232 22 appropriate for diverse communities.
233233 23 (2) The training program described in this Section shall
234234 24 include a domestic violence session in any orientation session
235235 25 conducted for newly appointed or elected judges, an annual
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246246 1 training session on domestic violence, and periodic updates in
247247 2 all aspects of domestic violence, including, but not limited
248248 3 to:
249249 4 (A) Child sexual abuse.
250250 5 (B) Physical abuse.
251251 6 (C) Emotional abuse.
252252 7 (D) Coercive control.
253253 8 (E) Implicit and explicit bias related to parties
254254 9 involved in domestic violence cases.
255255 10 (F) Trauma.
256256 11 (G) Long-term and short-term impacts of domestic
257257 12 violence and child abuse on children.
258258 13 (H) The detriment to children of residing with a
259259 14 person who perpetrates domestic violence.
260260 15 (I) That domestic violence can occur without a
261261 16 party seeking or obtaining a restraining order,
262262 17 without a substantiated finding by a child protective
263263 18 service of abuse, or without other documented evidence
264264 19 of abuse.
265265 20 (J) Victim and perpetrator behavioral patterns and
266266 21 relationship dynamics within the cycle of violence.
267267 22 Section 20. Judicial reporting of training.
268268 23 (a) The Administrative Office of the Illinois Courts must
269269 24 report to the General Assembly and the relevant policy
270270 25 committees, on or before January 1, 2027, and each January
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