HB3437 104TH GENERAL ASSEMBLY

LRB104 08898 JRC 18953 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3437

Introduced 2/18/2025, by Rep. Joyce Mason

SYNOPSIS AS INTRODUCED:

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.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. References to Act. This Act may be referred to as Kayden's Law.

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Sections 506, 602.5, 602.7, 604.10 and 603.10 and by adding Sections 603.12 and 715 as follows:

(750 ILCS 5/506) (from Ch. 40, par. 506)

Sec. 506. Representation of child.

(a) Duties. In any proceedings involving the support, custody, visitation, allocation of parental responsibilities, education, parentage, property interest, or general welfare of a minor or dependent child, the court may, on its own motion or that of any party, appoint an attorney to serve in one of the following capacities to address the issues the court delineates:

(1) Attorney. The attorney shall provide independent legal counsel for the child and shall owe the same duties of undivided loyalty, confidentiality, and competent representation as are due an adult client.

(2) Guardian ad litem. The guardian ad litem shall investigate the facts of the case and interview the child and the parties. Unless the court directs otherwise, the guardian ad litem shall submit to the court and the parties a written report, written recommendations, or a proposed parenting plan, in accordance with the child's best interests, not less than 30 days before a final hearing or trial. The guardian ad litem's written report or written recommendations shall be admitted into evidence without the need for foundation. The guardian ad litem shall be available for deposition before a final hearing or trial notwithstanding any other discovery cutoff. The guardian ad litem may be called as a witness for purposes of cross-examination regarding the guardian ad litem's report or recommendations. At the discretion of the court, the guardian ad litem:

(i) may be present for all proceedings, including in camera examinations of the child;

(ii) may issue subpoenas for records as part of the guardian ad litem's investigation; and

(iii) may file pleadings relating to procedural matters.

The court appointing a guardian ad litem under this Section must make reasonable efforts to appoint a guardian ad litem who has received evidence-based education and training on family violence, including child sexual abuse, physical abuse, emotional abuse, cohesive control, implicit and explicit basis, trauma, long and short-term impacts of domestic violence and child abuse on children, and victim and perpetrator behaviors.

(3) Child representative. The child representative shall advocate what the child representative finds to be in the best interests of the child after reviewing the facts and circumstances of the case. The child representative shall meet with the child and the parties, investigate the facts of the case, and encourage settlement and the use of alternative forms of dispute resolution. The child representative shall have the same authority and obligation to participate in the litigation as does an attorney for a party and shall possess all the powers of investigation as does a guardian ad litem. The child representative shall consider, but not be bound by, the expressed wishes of the child. A child representative shall have received training in child advocacy or shall possess such experience as determined to be equivalent to such training by the chief judge of the circuit where the child representative has been appointed. The child representative shall not disclose confidential communications made by the child, except as required by law or by the Rules of Professional Conduct. The child representative shall not render an opinion, recommendation, or report to the court and shall not be called as a witness, but shall offer evidence-based legal arguments. The child representative shall disclose the position as to what the child representative intends to advocate in a pre-trial memorandum that shall be served upon all counsel of record prior to the trial. The position disclosed in the pre-trial memorandum shall not be considered evidence. The court and the parties may consider the position of the child representative for purposes of a settlement conference.

(a-3) Additional appointments. During the proceedings the court may appoint an additional attorney to serve in the capacity described in subdivision (a)(1) or an additional attorney to serve in another of the capacities described in subdivision (a)(2) or (a)(3) on the court's own motion or that of a party only for good cause shown and when the reasons for the additional appointment are set forth in specific findings.

(a-5) Appointment considerations. In deciding whether to make an appointment of an attorney for the minor child, a guardian ad litem, or a child representative, the court shall consider the nature and adequacy of the evidence to be presented by the parties and the availability of other methods of obtaining information, including social service organizations and evaluations by mental health professions, as well as resources for payment.

In no event is this Section intended to or designed to abrogate the decision making power of the trier of fact. Any appointment made under this Section is not intended to nor should it serve to place any appointed individual in the role of a surrogate judge.

(b) Fees and costs. The court shall enter an order as appropriate for costs, fees, and disbursements, including a retainer, when the attorney, guardian ad litem, or child's representative is appointed. Any person appointed under this Section shall file with the court within 90 days of his or her appointment, and every subsequent 90-day period thereafter during the course of his or her representation, a detailed invoice for services rendered with a copy being sent to each party. The court shall review the invoice submitted and approve the fees, if they are reasonable and necessary. Any order approving the fees shall require payment by either or both parents, by any other party or source, or from the marital estate or the child's separate estate. The court may not order payment by the Department of Healthcare and Family Services in cases in which the Department is providing child support enforcement services under Article X of the Illinois Public Aid Code. Unless otherwise ordered by the court at the time fees and costs are approved, all fees and costs payable to an attorney, guardian ad litem, or child representative under this Section are by implication deemed to be in the nature of support of the child and are within the exceptions to discharge in bankruptcy under 11 U.S.C.A. 523. The provisions of Sections 501 and 508 of this Act shall apply to fees and costs for attorneys appointed under this Section.

(Source: P.A. 103-126, eff. 1-1-24.)

(750 ILCS 5/602.5)

Sec. 602.5. Allocation of parental responsibilities: decision-making.

(a) Generally. The court shall allocate decision-making responsibilities according to the child's best interests. Nothing in this Act requires that each parent be allocated decision-making responsibilities. If the court finds that there has been abuse by one parent against the child or a repeated pattern of coercive abuse by one parent against the other parent, the parent who has engaged in the abuse may not be allocated any decision-making unless the court makes a finding that the parent has provided adequate evidence that the parent will not use the allocation of decision making as a basis to further abuse the child or the other parent and will use the decision-making solely in the best interests of the child.

(b) Allocation of significant decision-making responsibilities. Unless the parents otherwise agree in writing on an allocation of significant decision-making responsibilities, or the issue of the allocation of parental responsibilities has been reserved under Section 401, the court shall make the determination. The court shall allocate to one or both of the parents the significant decision-making responsibility for each significant issue affecting the child. Those significant issues shall include, without limitation, the following:

(1) Education, including the choice of schools and tutors.

(2) Health, including all decisions relating to the medical, dental, and psychological needs of the child and to the treatments arising or resulting from those needs.

(3) Religion, subject to the following provisions:

(A) The court shall allocate decision-making responsibility for the child's religious upbringing in accordance with any express or implied agreement between the parents.

(B) The court shall consider evidence of the parents' past conduct as to the child's religious upbringing in allocating decision-making responsibilities consistent with demonstrated past conduct in the absence of an express or implied agreement between the parents.

(C) The court shall not allocate any aspect of the child's religious upbringing if it determines that the parents do not or did not have an express or implied agreement for such religious upbringing or that there is insufficient evidence to demonstrate a course of conduct regarding the child's religious upbringing that could serve as a basis for any such order.

(4) Extracurricular activities.

(c) Determination of child's best interests. In determining the child's best interests for purposes of allocating significant decision-making responsibilities, the court shall consider all relevant factors, including, without limitation, the following:

(1) the wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences as to decision-making and if the court finds that a child who expresses fear of a parent is based on the parent's actual and specific conduct that is contrary to the child's best interests, the finding shall be considered;

(2) the child's adjustment to his or her home, school, and community;

(3) the mental and physical health of all individuals involved;

(4) the ability of the parents to cooperate to make decisions, or the level of conflict between the parties that may affect their ability to share decision-making especially when one parent has engaged in abuse of the child or a repeated pattern of coercive abuse of the other parent;

(5) the level of each parent's participation in past significant decision-making with respect to the child;

(6) any prior agreement or course of conduct between the parents relating to decision-making with respect to the child;

(7) the wishes of the parents;

(8) the child's needs;

(8.1) which parent is more likely to ensure the health and safety of the child as defined in Section 603.12;

(9) the distance between the parents' residences, the cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement;

(10) whether a restriction on decision-making is appropriate under Section 603.10 or other protective measures as specified in Section 603.12;

(11) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child except if one parent has engaged in abuse of the child or the other parent, if reasonable safety measures are necessary to protect the health and safety of the child as defined in Section 603.12 from harm and a parent's reasonable concerns for the health and safety of the child, the parent's reasonable efforts to protect the child may not be considered negatively under this subsection;

(12) the physical violence or threat of physical violence by the child's parent directed against the child;

(13) the occurrence of abuse against the child or other member of the child's household;

(14) whether one of the parents is a sex offender, and if so, the exact nature of the offense and what, if any, treatment in which the parent has successfully participated; and

(15) any other factor that the court expressly finds to be relevant.

(d) A parent shall have sole responsibility for making routine decisions with respect to the child and for emergency decisions affecting the child's health and safety during that parent's parenting time.

(e) In allocating significant decision-making responsibilities, the court shall not consider conduct of a parent that does not affect that parent's relationship to the child.

(Source: P.A. 99-90, eff. 1-1-16.)

(750 ILCS 5/602.7)

Sec. 602.7. Allocation of parental responsibilities: parenting time.

(a) Best interests. The court shall allocate parenting time according to the child's best interests.

(b) Allocation of parenting time. Unless the parents present a mutually agreed written parenting plan and that plan is approved by the court, the court shall allocate parenting time. It is presumed both parents are fit and the court shall not place any restrictions on parenting time as defined in Section 600 and described in Section 603.10, unless it finds by a preponderance of the evidence that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral, or emotional health.

In determining the child's best interests for purposes of allocating parenting time, the court shall consider all relevant factors, including, without limitation, the following:

(1) the wishes of each parent seeking parenting time;

(2) the wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences as to parenting time. If the court finds that a child who expresses fear of a parent is based on the parent's actual and specific conduct that is contrary to the child's best interests, the finding shall be considered;

(3) the amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child is under 2 years of age, since the child's birth;

(4) any prior agreement or course of conduct between the parents relating to caretaking functions with respect to the child;

(5) the interaction and interrelationship of the child with his or her parents and siblings and with any other person who may significantly affect the child's best interests;

(6) the child's adjustment to his or her home, school, and community;

(7) the mental and physical health of all individuals involved;

(8) the child's needs;

(8.1) which parent is more likely to ensure the health and safety of the child, as defined in Section 603.12;

(9) the distance between the parents' residences, the cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement;

(10) whether a restriction on parenting time is appropriate;

(11) the physical violence or threat of physical violence by the child's parent directed against the child or other member of the child's household;

(12) the willingness and ability of each parent to place the needs of the child ahead of his or her own needs;

(13) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child except if one parent has engaged in abuse of the child or the other parent, if reasonable safety measures are necessary to protect the health and safety of the child as defined in Section 603.12 from harm and a parent's reasonable concerns for the health and safety of the child, the parent's reasonable efforts to protect the child may not be considered negatively under this subsection;

(14) the occurrence of abuse against the child or other member of the child's household;

(15) whether one of the parents is a convicted sex offender or lives with a convicted sex offender and, if so, the exact nature of the offense and what if any treatment the offender has successfully participated in; the parties are entitled to a hearing on the issues raised in this paragraph (15);

(16) the terms of a parent's military family-care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed; and

(17) any other factor that the court expressly finds to be relevant.

(b-1) A factor under subsection (b) may not be adversely weighed against a party if the circumstances related to the factor were in response to abuse or necessary to protect the child or the abused party from harm and the party alleging abuse does not pose a risk to the health and safety of the child, as defined in Section 603.12. A temporary housing instability as a result of abuse may not be considered against the party alleging the abuse.

As used in this subsection, "temporary housing instability" means a period not to exceed 6 months from the date of the last incident of abuse as determined by the court.

(c) In allocating parenting time, the court shall not consider conduct of a parent that does not affect that parent's relationship to the child.

(d) Upon motion, the court may allow a parent who is deployed or who has orders to be deployed as a member of the United States Armed Forces to designate a person known to the child to exercise reasonable substitute visitation on behalf of the deployed parent, if the court determines that substitute visitation is in the best interests of the child. In determining whether substitute visitation is in the best interests of the child, the court shall consider all of the relevant factors listed in subsection (b) of this Section and apply those factors to the person designated as a substitute for the deployed parent for visitation purposes. Visitation orders entered under this subsection are subject to subsections (e) and (f) of Section 602.9 and subsections (c) and (d) of Section 603.10.

(e) If the street address of a parent is not identified pursuant to Section 708 of this Act, the court shall require the parties to identify reasonable alternative arrangements for parenting time by the other parent including, but not limited to, parenting time of the minor child at the residence of another person or at a local public or private facility.

(Source: P.A. 99-90, eff. 1-1-16.)

(750 ILCS 5/603.10)

Sec. 603.10. Restriction of parental responsibilities.

(a) After a hearing, if the court finds by a preponderance of the evidence that a parent engaged in any conduct that seriously endangered the child's mental, moral, or physical health or that significantly impaired the child's emotional development, the court shall enter orders as necessary to protect the child. If a parent does any of the following that seriously endangers a child's health or significantly impairs the child's emotional development:

(1) inflicts physical injury upon the parent's child or another child, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss of impairment of any bodily function;

(2) creates a substantial risk of physical injury against the parent's child or another child, by other than accidental means, which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss of impairment of any bodily function;

(3) inflicts excessive corporal punishment upon the parent's child or another child;

(4) commits any sex offense against the parent's child or another child; or

(5) commits an act of torture against the parent's child or another child.

If the court finds by a preponderance of the evidence that any of this conduct has likely occurred, the court shall order one or more of the restrictions on parenting time set forth in Section 603.10, including temporarily denying parenting time, restricting parenting time to supervised parenting time, and any other protective measures that are necessary to protect the child's physical, mental, moral, or emotional well-being.

Such orders may include, but are not limited to, orders for one or more of the following:

(1) a reduction, elimination, or other adjustment of the parent's decision-making responsibilities or parenting time, or both decision-making responsibilities and parenting time;

(2) supervision, including ordering the Department of Children and Family Services to exercise continuing supervision under Section 5 of the Children and Family Services Act;

(2.1) supervision under Section 603.12;

(3) requiring the exchange of the child between the parents through an intermediary or in a protected setting;

(4) restraining a parent's communication with or proximity to the other parent or the child;

(5) requiring a parent to abstain from possessing or consuming alcohol or non-prescribed drugs while exercising parenting time with the child and within a specified period immediately preceding the exercise of parenting time;

(6) restricting the presence of specific persons while a parent is exercising parenting time with the child;

(7) requiring a parent to post a bond to secure the return of the child following the parent's exercise of parenting time or to secure other performance required by the court;

(8) requiring a parent to complete a treatment program for perpetrators of abuse, for drug or alcohol abuse, or for other behavior that is the basis for restricting parental responsibilities under this Section; and

(9) any other constraints or conditions that the court deems necessary to provide for the child's safety or welfare.

(b) The court may modify an order restricting parental responsibilities if, after a hearing, the court finds by a preponderance of the evidence that a modification is in the child's best interests based on (i) a change of circumstances that occurred after the entry of an order restricting parental responsibilities; or (ii) conduct of which the court was previously unaware that seriously endangers the child. In determining whether to modify an order under this subsection, the court must consider factors that include, but need not be limited to, the following:

(1) abuse, neglect, or abandonment of the child;

(2) abusing or allowing abuse of another person that had an impact upon the child;

(3) use of drugs, alcohol, or any other substance in a way that interferes with the parent's ability to perform caretaking functions with respect to the child; and

(4) persistent continuing interference with the other parent's access to the child, except for actions taken with a reasonable, good-faith belief that they are necessary to protect the child's safety pending adjudication of the facts underlying that belief, provided that the interfering parent initiates a proceeding to determine those facts as soon as practicable.

(c) An order granting parenting time to a parent or visitation to another person may be revoked by the court if that parent or other person is found to have knowingly used his or her parenting time or visitation to facilitate contact between the child and a parent who has been barred from contact with the child or to have knowingly used his or her parenting time or visitation to facilitate contact with the child that violates any restrictions imposed on a parent's parenting time by a court of competent jurisdiction. Nothing in this subsection limits a court's authority to enforce its orders in any other manner authorized by law.

(d) If parenting time of a parent is restricted, an order granting visitation to a non-parent with a child or an order granting parenting time to the other parent shall contain the following language:

"If a person granted parenting time or visitation under this order uses that time to facilitate contact between the child and a parent whose parenting time is restricted, or if such a person violates any restrictions placed on parenting time or visitation by the court, the parenting time or visitation granted under this order shall be revoked until further order of court."

(e) A parent who, after a hearing, is determined by the court to have been convicted of any offense involving an illegal sex act perpetrated upon a victim less than 18 years of age, including but not limited to an offense under Article 11 of the Criminal Code of 2012, is not entitled to parenting time while incarcerated or while on parole, probation, conditional discharge, periodic imprisonment, or mandatory supervised release for a felony offense, until the parent complies with such terms and conditions as the court determines are in the child's best interests, taking into account the exact nature of the offense and what, if any, treatment in which the parent successfully participated.

(f) A parent may not, while the child is present, visit any person granted visitation or parenting time who has been convicted of first degree murder, unless the court finds, after considering all relevant factors, including those set forth in subsection (b) of Section 602.7, that it would be in the child's best interests to allow the child to be present during such a visit.

(Source: P.A. 99-90, eff. 1-1-16.)

(750 ILCS 5/603.12 new)

Sec. 603.12. Safety conditions.

(a) The General Assembly adopts the findings of the United States Congress in enacting Kayden's Law in Public Law 117-103 as follows:

(1) Approximately 1 in 15 children is exposed to domestic violence each year.

(2) Most child abuse is perpetrated in the family and by a parent. Intimate partner violence and child abuse overlap in the same families at rates between 30% and 60%. A child's risk of abuse increases after a perpetrator of intimate partner violence separates from a domestic partner, even when the perpetrator has not previously directly abused the child. Children who have witnessed intimate partner violence are approximately 4 times more likely to experience direct child maltreatment than children who have not witnessed intimate partner violence.

(3) More than 75% of child sexual abuse is perpetrated by a family member or a person known to the child. Data of the Department of Justice shows that family members are 49%, or almost half, of the perpetrators of crimes against child sex assault victims younger than 6 years of age.

(4) Research suggests a child's exposure to a batterer is among the strongest indicators of risk of incest victimization. One study found that female children with fathers who are batterers of their mothers were 6.5 times more likely to experience father-daughter incest than female children who do not have abusive fathers.

(5) Child abuse is a major public health issue in the United States. Total lifetime financial costs associated with just one year of confirmed cases of child maltreatment, including child physical abuse, sexual abuse, psychological abuse, and neglect, result in $124,000,000,000 in annual costs to the economy of the United States, or approximately 1% of the gross domestic product of the United States.

(6) Empirical research indicates that courts regularly discount allegations of child physical and sexual abuse when those allegations are raised in child custody cases. Courts believed less than 1/4 of claims that a father has committed child physical or sexual abuse. With respect to cases in which an allegedly abusive parent claimed the mother "alienated" the child, courts believed only 1 out of 51 claims of sexual molestation by a father. Independent research indicates that child sexual abuse allegations are credible between 50% and 70% of the time.

(7) Empirical research shows that alleged or known abusive parents are often granted custody or unprotected parenting time by courts. Approximately 1/3 of parents alleged to have committed child abuse took primary custody from the protective parent reporting the abuse, placing children at ongoing risk.

(8) Researchers have documented nearly 800 child murders in the United States since 2008 committed by a divorcing or separating parent. More than 100 of these child murders are known to have occurred after a court ordered the child to have contact with the dangerous parent over the objection of a safe parent or caregiver.

(9) Scientifically unsound theories that treat abuse allegations of mothers as likely false attempts to undermine fathers are frequently applied in family court to minimize or deny reports of abuse of parents and children. Many experts who testify against abuse allegations lack expertise in the relevant type of alleged abuse, relying instead on unsound and unproven theories.

(10) Judges presiding over custody cases involving allegations of child abuse, child sexual abuse, and domestic violence are rarely required to receive training on these subjects, and most states have not established standards for such training.

(b) After considering the factors under subsection (b) of Section 602.7, if the court finds that there is a history of abuse of the child or a household member by a party or a present risk of harm to the child or an abused party and awards any form of parenting time to a party who committed the abuse or who has a household member who committed the abuse, the court shall include in the parenting plan safety conditions, restrictions, or safeguards as reasonably necessary to protect the child or the abused party.

The court shall include in the parenting plan the reason for imposing the safety conditions, restrictions, or safeguards and an explanation as to why the safety conditions, restrictions, or safeguards are in the best interests of the child or the abused party. If supervised contact is ordered, there shall be a review of the risk of harm and need for continued supervision on at least an annual basis. The safety conditions, restrictions, or safeguards may include:

(1) nonprofessional supervised parenting time;

(2) professional supervised parenting time;

(3) limitations on the time of day that parenting time is permitted or the number of hours of parenting time and the maximum number of hours of parenting time permitted per day or per week;

(4) the appointment of a qualified professional specializing in programming relating to the history of abuse or risk of harm to provider intervention or harm prevention programming. The court may order an evaluation by the appointed qualified professional to determine whether additional programming is necessary;

(5) limitations on parenting time; or

(6) any other safety conditions, restrictions, or safeguards to ensure the health and safety of the child or to protect a household member.

(c) If the court finds by a preponderance of the evidence that a party has abused the child or household member, there shall be a rebuttable presumption that the court shall only allow nonprofessional supervised parenting time or professional supervised parenting time between the child and the party who committed the abuse. A court may find that an indicated report for physical or sexual abuse is a basis for a finding of abuse under this subsection only after a de novo review of the circumstances leading to the indicated report. Notwithstanding this subsection, the court may award an alternative form of parenting time if the court finds by a preponderance of the evidence that:

(1) the party no longer poses a risk of abuse to the child or any other household member; and

(2) another parenting time arrangement is in the best interests of the child and will not jeopardize the health and safety of the child.

(d) If the court finds by a preponderance of the evidence that there is an ongoing risk of abuse of the child, there shall be a rebuttable presumption that the court shall only allow professional supervised parenting time between the child and the party who poses the risk of abuse. A court may find that an indicated report for physical or sexual abuse is a basis for a finding of abuse under this subsection only after a de novo review of the circumstances leading to the indicated report. Notwithstanding this subsection, the court may award an alternative form of parenting time if the court finds by a preponderance of the evidence that:

(1) the party no longer poses a risk of abuse to the child or any other household member; and

(2) another parenting time arrangement is in the best interests of the child and will not jeopardize the health and safety of the child.

(e) As used in this Section:

"Health and safety of the child" includes, but is not limited to, the physical, emotional, and psychological well-being of the child.

"Household member" means a spouse or individual who has been a spouse, individual living as a spouse or lived as a spouse, parent or child, individual related by consanguinity or affinity, current or former sexual or intimate partner, or individual who shares biological parenthood currently sharing a household with the child or a party.

"Intervention and harm prevention programming" includes, but is not limited to, programming designed to rehabilitate the offending individual, including prioritizing an intervention or harm prevent program, if available, or the impacts of physical, sexual, or domestic abuse on the victim.

"Nonprofessional supervised parenting time" means parenting time during which an adult, designated by the court or agreed upon by the parties, monitors the interaction between the child and the individual with parenting time rights.

"Professional supervised parenting time" means parenting time during which a professional with education and training on the dynamics of domestic violence, sexual assault, child abuse, and the impact of domestic violence on children oversees the interaction between the child and the individual with parenting time rights and promotes the health and safety of the child during the interaction.

(750 ILCS 5/604.10)

Sec. 604.10. Interviews; evaluations; investigation.

(a) Court's interview of child. The court may interview the child in chambers to ascertain the child's wishes as to the allocation of parental responsibilities. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The entire interview shall be recorded by a court reporter. The transcript of the interview shall be filed under seal and released only upon order of the court.

(b) Court's professional. The court may seek the advice of any professional, whether or not regularly employed by the court, to assist the court in determining the child's best interests. The advice to the court shall be in writing and sent by the professional to counsel for the parties and to the court not later than 60 days before the date on which the trial court reasonably anticipates the hearing on the allocation of parental responsibilities will commence. The court may review the writing upon receipt. The writing may be admitted into evidence without testimony from its author, unless a party objects. A professional consulted by the court shall testify as the court's witness and be subject to cross-examination. The court shall order all costs and fees of the professional to be paid by one or more of the parties, subject to reallocation in accordance with subsection (a) of Section 508.

The professional's report must, at a minimum, set forth the following:

(1) a description of the procedures employed during the evaluation;

(2) a report of the data collected;

(3) all test results;

(4) any conclusions of the professional relating to the allocation of parental responsibilities under Sections 602.5 and 602.7;

(5) any recommendations of the professional concerning the allocation of parental responsibilities or the child's relocation; and

(6) an explanation of any limitations in the evaluation or any reservations of the professional regarding the resulting recommendations.

(c) Evaluation by a party's retained professional. In a proceeding to allocate parental responsibilities or to relocate a child, upon notice and motion made by a parent or any party to the litigation within a reasonable time before trial, the court shall order an evaluation to assist the court in determining the child's best interests unless the court finds that an evaluation under this Section is untimely or not in the best interests of the child. The evaluation may be in place of or in addition to any advice given to the court by a professional under subsection (b). A motion for an evaluation under this subsection must, at a minimum, identify the proposed evaluator and the evaluator's specialty or discipline. An order for an evaluation under this subsection must set forth the evaluator's name, address, and telephone number and the time, place, conditions, and scope of the evaluation. No person shall be required to travel an unreasonable distance for the evaluation. The party requesting the evaluation shall pay the evaluator's fees and costs unless otherwise ordered by the court.

The evaluator's report must, at a minimum, set forth the following:

(1) a description of the procedures employed during the evaluation;

(2) a report of the data collected;

(3) all test results;

(4) any conclusions of the evaluator relating to the allocation of parental responsibilities under Sections 602.5 and 602.7;

(5) any recommendations of the evaluator concerning the allocation of parental responsibilities or the child's relocation; and

(6) an explanation of any limitations in the evaluation or any reservations of the evaluator regarding the resulting recommendations.

A party who retains a professional to conduct an evaluation under this subsection shall cause the evaluator's written report to be sent to the attorneys of record no less than 60 days before the hearing on the allocation of parental responsibilities, unless otherwise ordered by the court; if a party fails to comply with this provision, the court may not admit the evaluator's report into evidence and may not allow the evaluator to testify.

The party calling an evaluator to testify at trial shall disclose the evaluator as a controlled expert witness in accordance with the Supreme Court Rules.

Any party to the litigation may call the evaluator as a witness. That party shall pay the evaluator's fees and costs for testifying, unless otherwise ordered by the court.

(d) Investigation. Upon notice and a motion by a parent or any party to the litigation, or upon the court's own motion, the court may order an investigation and report to assist the court in allocating parental responsibilities. The investigation may be made by any agency, private entity, or individual deemed appropriate by the court. The agency, private entity, or individual appointed by the court must have expertise in the area of allocation of parental responsibilities. The court shall specify the purpose and scope of the investigation.

The investigator's report must, at a minimum, set forth the following:

(1) a description of the procedures employed during the investigation;

(2) a report of the data collected;

(3) all test results;

(4) any conclusions of the investigator relating to the allocation of parental responsibilities under Sections 602.5 and 602.7;

(5) any recommendations of the investigator concerning the allocation of parental responsibilities or the child's relocation; and

(6) an explanation of any limitations in the investigation or any reservations of the investigator regarding the resulting recommendations.

The investigator shall send his or her report to all attorneys of record, and to any party not represented, at least 60 days before the hearing on the allocation of parental responsibilities. The court shall examine and consider the investigator's report only after it has been admitted into evidence or after the parties have waived their right to cross-examine the investigator.

The investigator shall make available to all attorneys of record, and to any party not represented, the investigator's file, and the names and addresses of all persons whom the investigator has consulted, except that if such disclosure would risk abuse to the party or any member of the party's immediate family or household or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from the report. Any party to the proceeding may call the investigator, or any person consulted by the investigator as a court's witness, for cross-examination. No fees shall be paid for any investigation by a governmental agency. The fees incurred by any other investigator shall be allocated in accordance with Section 508.

(e) Professional evaluations conducted under this Section must be made available for comprehensive research by family law scholars or experts as authorized by rules adopted by the Supreme Court of Illinois. Any such rules adopted by the Court must ensure the privacy and integrity of any person in these evaluations. The purpose of the rules is to develop research for the courts to have better information in making decisions concerning children in the Illinois Marriage and Dissolution of Marriage Act.

(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)

(750 ILCS 5/715 new)

Sec. 715. Judicial education and training.

(a) The Administrative Office of the Illinois Courts is encouraged and authorized to develop and implement an ongoing education and training program for judges and relevant court personnel, including guardians ad litem, counsel for children, and mediators, regarding family violence. The education and training program shall include the following:

(1) physical abuse;

(2) emotional abuse;

(3) cohesive control;

(4) implicit and explicit basis;

(5) trauma;

(6) long and short-term impacts of domestic violence; and

(7) child abuse on children and victim and perpetrator behaviors.

(b) The education and training program shall include the most recent best practices from evidence-based, peer-reviewed research by recognized experts in the types of family violence specified in this Section. The Administrative Office of the Illinois Courts shall design the education and training program to educate and train relevant court personnel on all of the factors listed under Section 602.7 and improve the ability of courts to make appropriate parenting-time decisions that are in the best interests of the child.

Section 15. The Illinois Domestic Violence Act of 1986 is amended by adding Section 228 as follows:

(750 ILCS 60/228 new)

Sec. 228. Sealing of court file prohibited. No court shall seal a court file related to an order of protection granted under this Act.