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| Public Act 097-0568 | ||||
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AN ACT concerning parentage.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Sections 1-3 and 6-9 as follows:
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(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
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Sec. 1-3. Definitions. Terms used in this Act, unless the | ||||
context
otherwise requires, have the following meanings | ||||
ascribed to them:
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(1) "Adjudicatory hearing" means a hearing to
determine | ||||
whether the allegations of a petition under Section 2-13, 3-15 | ||||
or
4-12 that a minor under 18 years of age is abused, neglected | ||||
or dependent, or
requires authoritative intervention, or | ||||
addicted, respectively, are supported
by a preponderance of the | ||||
evidence or whether the allegations of a petition
under Section | ||||
5-520 that a minor is delinquent are proved beyond a reasonable
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doubt.
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(2) "Adult" means a person 21 years of age or older.
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(3) "Agency" means a public or private child care facility
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legally authorized or licensed by this State for placement or | ||||
institutional
care or for both placement and institutional | ||||
care.
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(4) "Association" means any organization, public or
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private, engaged in welfare functions which include services to | ||
or on behalf of
children but does not include "agency" as | ||
herein defined.
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(4.05) Whenever a "best interest" determination is
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required, the following factors shall be considered in the | ||
context of the
child's age and developmental needs:
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(a) the physical safety and welfare of the child, | ||
including food, shelter,
health, and clothing;
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(b) the development of the child's identity;
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(c) the child's background and ties, including | ||
familial,
cultural, and religious;
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(d) the child's sense of attachments, including:
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(i) where the child actually feels love, | ||
attachment, and a sense of
being valued (as opposed to | ||
where adults believe the child should
feel such love, | ||
attachment, and a sense of being valued);
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(ii) the child's sense of security;
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(iii) the child's sense of familiarity;
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(iv) continuity of affection for the child;
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(v) the least disruptive placement alternative for | ||
the child;
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(e) the child's wishes and long-term goals;
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(f) the child's community ties, including church, | ||
school, and friends;
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(g) the child's need for permanence which includes the | ||
child's need for
stability and continuity of relationships | ||
with parent figures and with siblings
and other relatives;
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(h) the uniqueness of every family and child;
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(i) the risks attendant to entering and being in | ||
substitute care; and
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(j) the preferences of the persons available to care | ||
for the child.
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(4.1) "Chronic truant" shall have the definition
ascribed | ||
to it in Section 26-2a of the School Code.
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(5) "Court" means the circuit court in a session or | ||
division
assigned to hear proceedings under this Act.
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(6) "Dispositional hearing" means a hearing to
determine | ||
whether a minor should be adjudged to be a ward of the court, | ||
and to
determine what order of disposition should be made in | ||
respect to a minor
adjudged to be a ward of the court.
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(7) "Emancipated minor" means any minor 16 years of age or | ||
over who has
been completely or partially emancipated under the | ||
Emancipation of
Minors Act or
under this Act.
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(8) "Guardianship of the person" of a minor
means the duty | ||
and authority to act in the best interests of the minor, | ||
subject
to residual parental rights and responsibilities, to | ||
make important decisions
in matters having a permanent effect | ||
on the life and development of the minor
and to be concerned | ||
with his or her general welfare. It includes but is not
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necessarily limited to:
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(a) the authority to consent to marriage, to enlistment | ||
in the armed
forces of the United States, or to a major | ||
medical, psychiatric, and
surgical treatment; to represent | ||
the minor in legal actions; and to make
other decisions of | ||
substantial legal significance concerning the minor;
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(b) the authority and duty of reasonable visitation, | ||
except to the
extent that these have been limited in the | ||
best interests of the minor by
court order;
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(c) the rights and responsibilities of legal custody | ||
except where legal
custody has been vested in another | ||
person or agency; and
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(d) the power to consent to the adoption of the minor, | ||
but only if
expressly conferred on the guardian in | ||
accordance with Section 2-29, 3-30, or
4-27.
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(9) "Legal custody" means the relationship created by an
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order of court in the best interests of the minor which imposes | ||
on the
custodian the responsibility of physical possession of a | ||
minor and the duty to
protect, train and discipline him and to | ||
provide him with food, shelter,
education and ordinary medical | ||
care, except as these are limited by residual
parental rights | ||
and responsibilities and the rights and responsibilities of the
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guardian of the person, if any.
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(9.1) "Mentally capable adult relative" means a person 21 | ||
years of age or older who is not suffering from a mental | ||
illness that prevents him or her from providing the care | ||
necessary to safeguard the physical safety and welfare of a | ||
minor who is left in that person's care by the parent or | ||
parents or other person responsible for the minor's welfare. | ||
(10) "Minor" means a person under the age of 21 years | ||
subject to
this Act.
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(11) "Parent" means the father or mother of a child and
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includes any adoptive parent. It also includes a man (i)
whose | ||
paternity
is presumed or has been established under the law of | ||
this or another
jurisdiction or (ii) who has registered with | ||
the Putative Father Registry in
accordance with Section 12.1 of | ||
the Adoption Act and whose paternity has not
been ruled out | ||
under the law of this or another jurisdiction. It does not
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include a
parent whose rights in respect to the
minor have been | ||
terminated in any manner provided by law. It does not include a | ||
person who has been or could be determined to be a parent under | ||
the Illinois Parentage Act of 1984, or similar parentage law in | ||
any other state, if that person has been convicted of or pled | ||
nolo contendere to a crime that resulted in the conception of | ||
the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11, | ||
12-13, 12-14, 12-14.1, subsection (a) or (b) (but not | ||
subsection (c)) of Section 11-1.50 or 12-15, or subsection (a), | ||
(b), (c), (e), or (f) (but not subsection (d)) of Section | ||
11-1.60 or 12-16 of the Criminal Code of 1961 or similar | ||
statute in another jurisdiction unless upon motion of any | ||
party, other than the offender, to the juvenile court | ||
proceedings the court finds it is in the child's best interest | ||
to deem the offender a parent for purposes of the juvenile | ||
court proceedings.
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(11.1) "Permanency goal" means a goal set by the court as | ||
defined in
subdivision (2) of Section 2-28.
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(11.2) "Permanency hearing" means a hearing to set the | ||
permanency goal and
to review and determine (i) the | ||
appropriateness of the services contained in
the plan and | ||
whether those services have been provided, (ii) whether | ||
reasonable
efforts have been made by all the parties to the | ||
service plan to achieve the
goal, and (iii) whether the plan | ||
and goal have been achieved.
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(12) "Petition" means the petition provided for in Section
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2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | ||
thereunder
in Section 3-15, 4-12 or 5-520.
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(12.1) "Physically capable adult relative" means a person | ||
21 years of age or older who does not have a severe physical | ||
disability or medical condition, or is not suffering from | ||
alcoholism or drug addiction, that prevents him or her from | ||
providing the care necessary to safeguard the physical safety | ||
and welfare of a minor who is left in that person's care by the | ||
parent or parents or other person responsible for the minor's | ||
welfare. | ||
(13) "Residual parental
rights and responsibilities" means | ||
those rights and responsibilities remaining
with the parent | ||
after the transfer of legal custody or guardianship of the
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person, including, but not necessarily limited to, the right to | ||
reasonable
visitation (which may be limited by the court in the | ||
best interests of the
minor as provided in subsection (8)(b) of | ||
this Section), the right to consent
to adoption, the right to | ||
determine the minor's religious affiliation, and the
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responsibility for his support.
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(14) "Shelter" means the temporary care of a minor in
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physically unrestricting facilities pending court disposition | ||
or execution of
court order for placement.
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(15) "Station adjustment" means the informal
handling of an | ||
alleged offender by a juvenile police officer.
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(16) "Ward of the court" means a minor who is so
adjudged | ||
under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
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requisite jurisdictional facts, and thus is subject to the | ||
dispositional powers
of the court under this Act.
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(17) "Juvenile police officer" means a sworn
police officer | ||
who has completed a Basic Recruit Training Course, has been
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assigned to the position of juvenile police officer by his or | ||
her chief law
enforcement officer and has completed the | ||
necessary juvenile officers training
as prescribed by the | ||
Illinois Law Enforcement Training Standards Board, or in
the | ||
case of a State police officer, juvenile officer
training | ||
approved by the Director of the Department of State Police.
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(18) "Secure child care facility" means any child care | ||
facility licensed
by the Department of Children and Family | ||
Services to provide secure living
arrangements for children | ||
under 18 years of age who are subject to placement in
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facilities under the Children and Family Services Act and who | ||
are not subject
to placement in facilities for whom standards | ||
are established by the Department
of Corrections under Section | ||
3-15-2 of the Unified Code of Corrections.
"Secure child care | ||
facility" also means a
facility that is designed and operated | ||
to ensure that all entrances and
exits
from the facility, a | ||
building, or a distinct part of the building are under the
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exclusive control of the staff of the facility, whether or not | ||
the child has
the freedom of movement within the perimeter of | ||
the facility, building, or
distinct part of the building.
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(Source: P.A. 95-331, eff. 8-21-07; 96-168, eff. 8-10-09.)
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(705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
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Sec. 6-9. Enforcement of liability of parents and others.
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(1) If parentage is at issue in any proceeding under this | ||
Act, other than cases involving those exceptions to the | ||
definition of parent set out in item (11) in Section 1-3, then | ||
the
Illinois Parentage Act of 1984 shall apply and the court | ||
shall enter orders
consistent with that Act. If it appears at | ||
any hearing that a parent or
any other person named in the | ||
petition, liable under the law for the
support of the minor, is | ||
able to contribute to his or her support, the court
shall enter | ||
an order requiring that parent or other person to pay the clerk | ||
of
the court, or to the guardian or custodian appointed under | ||
Sections 2-27,
3-28, 4-25 or 5-740, a reasonable sum from time | ||
to time for the care,
support and necessary special care or | ||
treatment, of the minor.
If the court
determines at any hearing | ||
that a parent or any other person named in the
petition, liable | ||
under the law for the support of the minor, is able to
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contribute to help defray the costs associated with the minor's | ||
detention in a
county or regional detention center, the court | ||
shall enter an order requiring
that parent or other person to | ||
pay the clerk of the court a reasonable sum for
the care and | ||
support of the minor.
The court
may require reasonable security | ||
for the payments. Upon failure to pay, the
court may enforce | ||
obedience to the order by a proceeding as for contempt of
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court.
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If it appears that the person liable for the support of the | ||
minor is
able to contribute to legal fees for representation of | ||
the minor, the court
shall enter an order requiring that person | ||
to pay a reasonable sum for the
representation, to the attorney | ||
providing the representation or to the
clerk of the court for | ||
deposit in the appropriate account or fund. The sum
may be paid | ||
as the court directs, and the payment thereof secured and
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enforced as provided in this Section for support.
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If it appears at the detention or shelter care hearing of a | ||
minor before
the court under Section 5-501 that a parent or any | ||
other person
liable for
support of the minor is able to | ||
contribute to his or her support, that parent
or other person | ||
shall be required to pay a fee for room and board at a rate not
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to exceed $10 per day established, with the concurrence of the | ||
chief judge of
the judicial circuit, by the county board of the | ||
county in which the minor is
detained unless the court | ||
determines that it is in the best interest and
welfare of the | ||
minor to waive the fee. The concurrence of the chief judge
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shall be in the form of an administrative order. Each week, on | ||
a day
designated by the clerk of the circuit court, that parent | ||
or other person shall
pay the clerk for the minor's room and | ||
board. All fees for room and board
collected by the circuit | ||
court clerk shall be disbursed into the separate
county fund | ||
under Section 6-7.
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Upon application, the court shall waive liability for | ||
support or legal fees
under this Section if the parent or other | ||
person establishes that he or she is
indigent and unable to pay | ||
the incurred liability, and the court may reduce or
waive | ||
liability if the parent or other person establishes | ||
circumstances showing
that full payment of support or legal | ||
fees would result in financial hardship
to the person or his or | ||
her family.
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(2) When a person so ordered to pay for the care and | ||
support of a minor
is employed for wages, salary or commission, | ||
the court may order him to
make the support payments for which | ||
he is liable under this Act out of his
wages, salary or | ||
commission and to assign so much thereof as will pay the
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support. The court may also order him to make discovery to the | ||
court as to
his place of employment and the amounts earned by | ||
him. Upon his failure to
obey the orders of court he may be | ||
punished as for contempt of court.
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(3) If the minor is a recipient of public aid under the | ||
Illinois Public
Aid Code, the court shall order that payments | ||
made by a parent or through
assignment of his wages, salary or | ||
commission be made directly to (a) the
Department of Healthcare | ||
and Family Services if the minor is a recipient of aid under
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Article V of the Code, (b) the Department of Human Services if | ||
the
minor is a recipient of aid under Article IV of the Code, | ||
or (c)
the local governmental unit
responsible for the support | ||
of the minor if he is a recipient under
Articles VI or VII of | ||
the Code. The order shall permit the
Department of Healthcare | ||
and Family Services, the Department of Human Services, or the | ||
local
governmental unit, as the case may
be, to direct that | ||
subsequent payments be made directly to the guardian or
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custodian of the minor, or to some other person or agency in | ||
the minor's
behalf, upon removal of the minor from the public | ||
aid rolls; and upon such
direction and removal of the minor | ||
from the public aid rolls, the
Department of Healthcare and | ||
Family Services, Department of Human Services, or local
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governmental unit, as the case requires, shall give
written | ||
notice of such action to the court. Payments received by the
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Department of Healthcare and Family Services, Department of | ||
Human Services, or local
governmental unit are to be
covered, | ||
respectively, into the General Revenue Fund of the State | ||
Treasury
or General Assistance Fund of the governmental unit, | ||
as provided in Section
10-19 of the Illinois Public Aid Code.
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(Source: P.A. 95-331, eff. 8-21-07.)
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Section 10. The Illinois Parentage Act of 1984 is amended | ||
by changing Section 6.5 as follows: | ||
(750 ILCS 45/6.5) | ||
(Text of Section before amendment by P.A. 96-1551) | ||
Sec. 6.5. Custody or visitation by sex offender prohibited.
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(a) This Section applies to a person who has been found to | ||
be the father of a child under this Act and who has been | ||
convicted of or who has pled guilty or nolo contendere to a | ||
violation of Section 11-1.20 (criminal sexual assault), | ||
Section 11-1.30 (aggravated criminal sexual assault), Section | ||
11-1.40 (predatory criminal sexual assault of a child), Section | ||
11-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated | ||
criminal sexual abuse), Section 11-11 (sexual relations within | ||
families), Section 12-13 (criminal sexual assault), Section | ||
12-14 (aggravated criminal sexual assault), Section 12-14.1 | ||
(predatory criminal sexual assault of a child), Section 12-15 | ||
(criminal sexual abuse), or Section 12-16 (aggravated criminal | ||
sexual abuse) of the Criminal Code of 1961, or a similar | ||
statute in another jurisdiction, for his conduct in fathering | ||
that child. | ||
(b) A person described in subsection (a) shall not be | ||
entitled to custody of or visitation with that child without | ||
the consent of the child's mother or guardian. If the person | ||
described in subsection (a) is also the guardian of the child, | ||
he does not have the authority to consent to visitation or | ||
custody under this Section. If the mother of the child is a | ||
minor, and the person described in subsection (a) is also the | ||
father or guardian of the mother, then he does not have the | ||
authority to consent to custody or visitation. | ||
(c) Notwithstanding any other provision of this Act, | ||
nothing in this Section shall be construed to relieve the | ||
father described in subsection (a) of any support and | ||
maintenance obligations to the child under this Act. | ||
A person found to be the father of a child under this Act, and | ||
who has been convicted of or who has pled guilty to a violation | ||
of Section 11-11 (sexual relations within families), Section | ||
12-13 (criminal sexual assault), Section 12-14 (aggravated | ||
criminal sexual assault), Section 12-14.1 (predatory criminal | ||
sexual assault of a child), Section 12-15 (criminal sexual | ||
abuse), or Section 12-16 (aggravated criminal sexual abuse) of | ||
the Criminal Code of 1961 for his conduct in fathering that | ||
child, shall not be entitled to custody of or visitation with | ||
that child without the consent of the mother or guardian, other | ||
than the father of the child who has been convicted of or pled | ||
guilty to one of the offenses listed in this Section, or, in | ||
cases where the mother is a minor, the guardian of the mother | ||
of the child. Notwithstanding any other provision of this Act, | ||
nothing in this Section shall be construed to relieve the | ||
father of any support and maintenance obligations to the child | ||
under this Act.
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(Source: P.A. 94-928, eff. 6-26-06.) | ||
(Text of Section after amendment by P.A. 96-1551) | ||
Sec. 6.5. Custody or visitation by sex offender prohibited.
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(a) This Section applies to a person who has been found to | ||
be the father of a child under this Act and who has been | ||
convicted of or who has pled guilty or nolo contendere to a | ||
violation of Section 11-1.20 (criminal sexual assault), | ||
Section 11-1.30 (aggravated criminal sexual assault), Section | ||
11-1.40 (predatory criminal sexual assault of a child), Section | ||
11-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated | ||
criminal sexual abuse), Section 11-11 (sexual relations within | ||
families), Section 12-13 (criminal sexual assault), Section | ||
12-14 (aggravated criminal sexual assault), Section 12-14.1 | ||
(predatory criminal sexual assault of a child), Section 12-15 | ||
(criminal sexual abuse), or Section 12-16 (aggravated criminal | ||
sexual abuse) of the Criminal Code of 1961, or a similar | ||
statute in another jurisdiction, for his conduct in fathering | ||
that child. | ||
(b) A person described in subsection (a) shall not be | ||
entitled to custody of or visitation with that child without | ||
the consent of the child's mother or guardian. If the person | ||
described in subsection (a) is also the guardian of the child, | ||
he does not have the authority to consent to visitation or | ||
custody under this Section. If the mother of the child is a | ||
minor, and the person described in subsection (a) is also the | ||
father or guardian of the mother, then he does not have the | ||
authority to consent to custody or visits. | ||
(c) Notwithstanding any other provision of this Act, | ||
nothing in this Section shall be construed to relieve the | ||
father described in subsection (a) of any support and | ||
maintenance obligations to the child under this Act. | ||
A person found to be the father of a child under this Act, and | ||
who has been convicted of or who has pled guilty to a violation | ||
of Section 11-11 (sexual relations within families), Section | ||
11-1.20 or 12-13 (criminal sexual assault), Section 11-1.30 or | ||
12-14 (aggravated criminal sexual assault), Section 11-1.40 or | ||
12-14.1 (predatory criminal sexual assault of a child), Section | ||
11-1.50 or 12-15 (criminal sexual abuse), or Section 11-1.60 or | ||
12-16 (aggravated criminal sexual abuse) of the Criminal Code | ||
of 1961 for his conduct in fathering that child, shall not be | ||
entitled to custody of or visitation with that child without | ||
the consent of the mother or guardian, other than the father of | ||
the child who has been convicted of or pled guilty to one of | ||
the offenses listed in this Section, or, in cases where the | ||
mother is a minor, the guardian of the mother of the child. | ||
Notwithstanding any other provision of this Act, nothing in | ||
this Section shall be construed to relieve the father of any | ||
support and maintenance obligations to the child under this | ||
Act.
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(Source: P.A. 96-1551, eff. 7-1-11.)
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Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||