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91_HB0377eng HB0377 Engrossed LRB9100081SMdvA 1 AN ACT regarding representation of a child, amending 2 named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Marriage and Dissolution of 6 Marriage Act is amended by changing Section 506 as follows: 7 (750 ILCS 5/506) (from Ch. 40, par. 506) 8 Sec. 506. Representation of child. 9 (a) Duties. In any proceedings involving the support, 10 custody, visitation, education, parentage, property interest, 11 or general welfare of a minor or dependent child, the court 12 may, on its own motion or that of any party, and subject to 13 the terms or specifications the court determines, appoint an 14 attorney to serve in one of the following capacities: 15 (1) as an attorney to represent the child; 16 (2) as a guardian ad litem to address issues the 17 court delineates; 18 (3) as a child's representative whose duty shall be 19 to advocate what the representative finds to be in the 20 best interests of the child after reviewing the facts and 21 circumstances of the case. The child's representative 22 shall have the same power and authority to take part in 23 the conduct of the litigation as does an attorney for a 24 party and shall possess all the powers of investigation 25 and recommendation as does a guardian ad litem. The 26 child's representative shall consider, but not be bound 27 by, the expressed wishes of the child. A child's 28 representative shall have received training in child 29 advocacy or shall possess such experience as determined 30 to be equivalent to such training by the chief judge of 31 the circuit where the child's representative has been HB0377 Engrossed -2- LRB9100081SMdvA 1 appointed. The child's representative shall not disclose 2 confidential communications made by the child, except as 3 required by law or by the Rules of Professional Conduct. 4 The child's representative shall not be called as a 5 witness regarding the issues set forth in this 6 subsection. 7 During the proceedings the court may appoint an 8 additional attorney to serve in another of the capacities 9 described in subdivisions (a)(1), (a)(2), or (a)(3) on its 10 own motion or that of a party only for good cause shown and 11 when the reasons for the additional appointment are set forth 12 in specific findings. 13 (b) Fees and costs. The court shall enter an order as 14 appropriate for costs, fees, and disbursements, including a 15 retainer, when the attorney, guardian ad litem, or child's 16 representative is appointed, and thereafter as necessary. 17 Such orders shall require payment by either or both parents, 18 by any other party or source, or from the marital estate or 19 the child's separate estate. Unless otherwise ordered by the 20 court at the time fees and costs are approved, all fees and 21 costs payable to an attorney, guardian ad litem, or child's 22 representative under this Section are by implication deemed 23 to be in the nature of support of the child and are within 24 the exceptions to discharge in bankruptcy under 11 U.S.C.A. 25 523. The provisions of Sections 501 and 508 of this Act 26 shall apply to fees and costs for attorneys appointed under 27 this Section. 28The court may appoint an attorney to represent the best29interests of a minor or dependent child with respect to his30support, custody, visitation, and property. The court may31also appoint an attorney as the guardian-ad-litem for the32child. The court shall enter an order for costs, fees and33disbursements in favor of the child's attorney and34guardian-ad-litem, as the case may be. The order shall beHB0377 Engrossed -3- LRB9100081SMdvA 1made against either or both parents or any adult party, or2against the child's separate estate.3 (Source: P.A. 89-364, eff. 8-18-95; 90-309, eff. 1-1-98.) 4 Section 10. The Illinois Parentage Act of 1984 is 5 amended by changing Section 18 as follows: 6 (750 ILCS 45/18) (from Ch. 40, par. 2518) 7 Sec. 18. Right to Counsel; Free Transcript on Appeal. 8 (a) Any party may be represented by counsel at all 9 proceedings under this Act. 10 (a-5) In any proceedings involving the support, custody, 11 visitation, education, parentage, property interest, or 12 general welfare of a minor or dependent child, the court may, 13 on its own motion or that of any party, and subject to the 14 terms or specifications the court determines, appoint an 15 attorney to serve in one of the following capacities: 16 (1) as an attorney to represent the child; 17 (2) as a guardian ad litem to address issues the 18 court delineates; 19 (3) as a child's representative whose duty shall be 20 to advocate what the representative finds to be in the 21 best interests of the child after reviewing the facts and 22 circumstances of the case. The child's representative 23 shall have the same power and authority to take part in 24 the conduct of the litigation as does an attorney for a 25 party and shall possess all the powers of investigation 26 and recommendation as does a guardian ad litem. The 27 child's representative shall consider, but not be bound 28 by, the expressed wishes of the child. A child's 29 representative shall have received training in child 30 advocacy or shall possess such experience as determined 31 to be equivalent to such training by the chief judge of 32 the circuit where the child's representative has been HB0377 Engrossed -4- LRB9100081SMdvA 1 appointed. The child's representative shall not disclose 2 confidential communications made by the child, except as 3 required by law or by the Rules of Professional Conduct. 4 The child's representative shall not be called as a 5 witness regarding the issues set forth in this 6 subsection. 7 During the proceedings the court may appoint an 8 additional attorney to serve in another of the capacities 9 described in subdivisions (1), (2), or (3) of the preceding 10 paragraph on its own motion or that of a party only for good 11 cause shown and when the reasons for the additional 12 appointment are set forth in specific findings. 13 The court shall enter an order as appropriate for costs, 14 fees, and disbursements, including a retainer, when the 15 attorney, guardian ad litem, or child's representative is 16 appointed, and thereafter as necessary. Such orders shall 17 require payment by either or both parents, by any other party 18 or source, or from the marital estate or the child's separate 19 estate. Unless otherwise ordered by the court at the time 20 fees and costs are approved, all fees and costs payable to an 21 attorney, guardian ad litem, or child's representative under 22 this Section are by implication deemed to be in the nature of 23 support of the child and are within the exceptions to 24 discharge in bankruptcy under 11 U.S.C.A. 523. The 25 provisions of Sections 501 and 508 of this Act shall apply to 26 fees and costs for attorneys appointed under this Section.In27the best interests of the child, the court may appoint28counsel to represent a child whose parentage is at issue.29 (b) Upon the request of a mother or child seeking to 30 establish the existence of a father and child relationship, 31 the State's Attorney shall represent the mother or child in 32 the trial court. If the child is an applicant for or a 33 recipient of assistance as defined in Section 2-6 of "The 34 Illinois Public Aid Code", approved April 11, 1967, as HB0377 Engrossed -5- LRB9100081SMdvA 1 amended, or has applied to the Illinois Department of Public 2 Aid for services under Article X of such Code, the Department 3 may file a complaint in the child's behalf under this Act. 4 The Department shall refer the complaint to the Public Aid 5 Claims Enforcement Division of the Office of the Attorney 6 General as provided in Section 12-16 of "The Illinois Public 7 Aid Code" for enforcement by the Attorney General. Legal 8 representation by the State's Attorney or the Attorney 9 General shall be limited to the establishment and enforcement 10 of an order for support, and shall not extend to visitation, 11 custody, property or other matters. If visitation, custody, 12 property or other matters are raised by a party and 13 considered by the court in any proceeding under this Act, the 14 court shall provide a continuance sufficient to enable the 15 mother or child to obtain representation for such matters. 16 (c) The Court may appoint counsel to represent any 17 indigent defendant in the trial court, except that this 18 representation shall be limited to the establishment of a 19 parent and child relationship and an order for support, and 20 shall not extend to visitation, custody, property, 21 enforcement of an order for support, or other matters. If 22 visitation, custody, property or other matters are raised by 23 a party and considered by the court in any proceeding under 24 this Act, the court shall provide a continuance sufficient to 25 enable the defendant to obtain representation for such 26 matters. 27 (d) The court shall furnish on request of any indigent 28 party a transcript for purposes of appeal. 29 (Source: P.A. 90-23, eff. 1-1-98.)