Sen. William Delgado
Filed: 3/1/2010
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2933




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    AMENDMENT NO. ______. Amend Senate Bill 2933 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Marriage and Dissolution of 
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Marriage Act is amended  by changing Section 608 as follows:
 
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    (750 ILCS 5/608)  (from Ch. 40, par. 608)
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    Sec. 608. Judicial Supervision. 
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    (a) Except as otherwise agreed by the parties in writing at 
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the time of
the custody judgment or as otherwise ordered by the 
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court, the custodian
may determine the child's upbringing, 
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including but not limited to, his
education, health care and 
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religious training, unless the court, after
hearing, finds, 
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upon motion by the noncustodial parent, that the absence of
a 
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specific limitation of the custodian's authority would clearly 
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be
contrary to the best interests of the child.
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    (b) If both parents or all contestants agree to the order, 
 


 






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or if the
court finds that in the absence of agreement the 
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child's physical health
would be endangered or his emotional 
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development significantly impaired,
the court may order the 
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Department of Children and Family Services to
exercise 
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continuing supervision over the case to assure that the 
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custodial
or visitation terms of the judgment are carried out. 
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Supervision shall be
carried out under the provisions of 
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Section 5 of the Children and Family
Services Act.
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    (c)  The court may order individual counseling for the 
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child, family counseling for one or more of the parties and the 
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child, integrative family therapy for one or more of the 
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parties and the child, or parental education for one or more of 
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the parties, when it finds one or more of the following:
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        (1) both parents or all parties agree to the order;
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        (2) the court finds that the child's physical health is 
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    endangered or his or her emotional development is impaired 
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    including, but not limited to, a finding of visitation 
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    abuse as defined by Section 607.1; or
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        (3) the court finds that one or both of the parties 
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    have violated the joint parenting agreement with regard to 
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    conduct affecting or in the presence of the child.
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    (d) If the court finds that one or more of the parties has 
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violated an order of the court with regards to custody, 
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visitation, or joint parenting, the court shall assess the 
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costs of counseling against the violating party or parties. 
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Otherwise, the court may apportion the costs between the 
 


 






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parties as appropriate.
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    (e) The remedies provided in this Section are in addition 
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to, and shall not diminish or abridge in any way, the court's 
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power to exercise its authority through contempt or other 
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proceedings.

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    (f) All counseling sessions shall be confidential.  The 
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communications in counseling shall not be used in any manner in 
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litigation nor relied upon by any expert appointed by the court 
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or retained by any party.

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(Source: P.A. 94-640, eff. 1-1-06.)".