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91_HB0377enr HB0377 Enrolled 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 Enrolled -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. The court may not order payment 20 by the Illinois Department of Public Aid in cases in which 21 the Department is providing child and spouse support services 22 under Article X of the Illinois Public Aid Code. Unless 23 otherwise ordered by the court at the time fees and costs are 24 approved, all fees and costs payable to an attorney, guardian 25 ad litem, or child's representative under this Section are by 26 implication deemed to be in the nature of support of the 27 child and are within the exceptions to discharge in 28 bankruptcy under 11 U.S.C.A. 523. The provisions of Sections 29 501 and 508 of this Act shall apply to fees and costs for 30 attorneys appointed under this Section. 31The court may appoint an attorney to represent the best32interests of a minor or dependent child with respect to his33support, custody, visitation, and property. The court may34also appoint an attorney as the guardian-ad-litem for theHB0377 Enrolled -3- LRB9100081SMdvA 1child. The court shall enter an order for costs, fees and2disbursements in favor of the child's attorney and3guardian-ad-litem, as the case may be. The order shall be4made against either or both parents or any adult party, or5against the child's separate estate.6 (Source: P.A. 89-364, eff. 8-18-95; 90-309, eff. 1-1-98.) 7 Section 10. The Illinois Parentage Act of 1984 is 8 amended by changing Section 18 as follows: 9 (750 ILCS 45/18) (from Ch. 40, par. 2518) 10 Sec. 18. Right to Counsel; Free Transcript on Appeal. 11 (a) Any party may be represented by counsel at all 12 proceedings under this Act. 13 (a-5) In any proceedings involving the support, custody, 14 visitation, education, parentage, property interest, or 15 general welfare of a minor or dependent child, the court may, 16 on its own motion or that of any party, and subject to the 17 terms or specifications the court determines, appoint an 18 attorney to serve in one of the following capacities: 19 (1) as an attorney to represent the child; 20 (2) as a guardian ad litem to address issues the 21 court delineates; 22 (3) as a child's representative whose duty shall be 23 to advocate what the representative finds to be in the 24 best interests of the child after reviewing the facts and 25 circumstances of the case. The child's representative 26 shall have the same power and authority to take part in 27 the conduct of the litigation as does an attorney for a 28 party and shall possess all the powers of investigation 29 and recommendation as does a guardian ad litem. The 30 child's representative shall consider, but not be bound 31 by, the expressed wishes of the child. A child's 32 representative shall have received training in child HB0377 Enrolled -4- LRB9100081SMdvA 1 advocacy or shall possess such experience as determined 2 to be equivalent to such training by the chief judge of 3 the circuit where the child's representative has been 4 appointed. The child's representative shall not disclose 5 confidential communications made by the child, except as 6 required by law or by the Rules of Professional Conduct. 7 The child's representative shall not be called as a 8 witness regarding the issues set forth in this 9 subsection. 10 During the proceedings the court may appoint an 11 additional attorney to serve in another of the capacities 12 described in subdivisions (1), (2), or (3) of the preceding 13 paragraph on its own motion or that of a party only for good 14 cause shown and when the reasons for the additional 15 appointment are set forth in specific findings. 16 The court shall enter an order as appropriate for costs, 17 fees, and disbursements, including a retainer, when the 18 attorney, guardian ad litem, or child's representative is 19 appointed, and thereafter as necessary. Such orders shall 20 require payment by either or both parents, by any other party 21 or source, or from the marital estate or the child's separate 22 estate. The court may not order payment by the Illinois 23 Department of Public Aid in cases in which the Department is 24 providing child and spouse support services under Article X 25 of the Illinois Public Aid Code. Unless otherwise ordered by 26 the court at the time fees and costs are approved, all fees 27 and costs payable to an attorney, guardian ad litem, or 28 child's representative under this Section are by implication 29 deemed to be in the nature of support of the child and are 30 within the exceptions to discharge in bankruptcy under 11 31 U.S.C.A. 523. The provisions of Sections 501 and 508 of this 32 Act shall apply to fees and costs for attorneys appointed 33 under this Section.In the best interests of the child, the34court may appoint counsel to represent a child whoseHB0377 Enrolled -5- LRB9100081SMdvA 1parentage is at issue.2 (b) Upon the request of a mother or child seeking to 3 establish the existence of a father and child relationship, 4 the State's Attorney shall represent the mother or child in 5 the trial court. If the child is an applicant for or a 6 recipient of assistance as defined in Section 2-6 of "The 7 Illinois Public Aid Code", approved April 11, 1967, as 8 amended, or has applied to the Illinois Department of Public 9 Aid for services under Article X of such Code, the Department 10 may file a complaint in the child's behalf under this Act. 11 The Department shall refer the complaint to the Public Aid 12 Claims Enforcement Division of the Office of the Attorney 13 General as provided in Section 12-16 of "The Illinois Public 14 Aid Code" for enforcement by the Attorney General. Legal 15 representation by the State's Attorney or the Attorney 16 General shall be limited to the establishment and enforcement 17 of an order for support, and shall not extend to visitation, 18 custody, property or other matters. If visitation, custody, 19 property or other matters are raised by a party and 20 considered by the court in any proceeding under this Act, the 21 court shall provide a continuance sufficient to enable the 22 mother or child to obtain representation for such matters. 23 (c) The Court may appoint counsel to represent any 24 indigent defendant in the trial court, except that this 25 representation shall be limited to the establishment of a 26 parent and child relationship and an order for support, and 27 shall not extend to visitation, custody, property, 28 enforcement of an order for support, or other matters. If 29 visitation, custody, property or other matters are raised by 30 a party and considered by the court in any proceeding under 31 this Act, the court shall provide a continuance sufficient to 32 enable the defendant to obtain representation for such 33 matters. 34 (d) The court shall furnish on request of any indigent HB0377 Enrolled -6- LRB9100081SMdvA 1 party a transcript for purposes of appeal. 2 (Source: P.A. 90-23, eff. 1-1-98.)