093_HB3953

                                     LRB093 13001 DRJ 18226 b

 1        AN ACT in relation to courts.

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

 4        Section  5.  The  Illinois  Public Aid Code is amended by
 5    changing Section 10-10 as follows:

 6        (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
 7        Sec. 10-10.  Court  enforcement;  applicability  also  to
 8    persons  who  are not applicants or recipients.  Except where
 9    the Illinois Department, by agreement,  acts  for  the  local
10    governmental  unit,  as  provided  in  Section  10-3.1, local
11    governmental units shall refer to the State's Attorney or  to
12    the proper legal representative of the governmental unit, for
13    judicial   enforcement   as  herein  provided,  instances  of
14    non-support or insufficient support when the  dependents  are
15    applicants  or  recipients  under  Article VI.  The Child and
16    Spouse  Support  Unit  established  by  Section  10-3.1   may
17    institute  in  behalf  of the Illinois Department any actions
18    under this Section for judicial enforcement  of  the  support
19    liability   when   the   dependents  are  (a)  applicants  or
20    recipients under Articles III, IV, V or VII;  (b)  applicants
21    or  recipients in a local governmental unit when the Illinois
22    Department,  by  agreement,  acts  for  the  unit;   or   (c)
23    non-applicants  or  non-recipients  who  are  receiving child
24    support  enforcement  services  under  this  Article  X,   as
25    provided in Section 10-1.  Where the Child and Spouse Support
26    Unit has exercised its option and discretion not to apply the
27    provisions  of Sections 10-3 through 10-8, the failure by the
28    Unit to apply such provisions shall not be a bar to  bringing
29    an action under this Section.
30        Action  shall  be  brought in the circuit court to obtain
31    support, or for the recovery of aid granted during the period
 
                            -2-      LRB093 13001 DRJ 18226 b
 1    such support was not provided, or both for the obtainment  of
 2    support  and  the  recovery of the aid provided.  Actions for
 3    the recovery of aid may be taken separately or  they  may  be
 4    consolidated  with  actions  to obtain support.  Such actions
 5    may be brought in the name of the person or persons requiring
 6    support, or may be  brought  in  the  name  of  the  Illinois
 7    Department  or  the  local  governmental  unit,  as  the case
 8    requires, in behalf of such persons.
 9        In accordance with the Code of  Civil  Procedure,  in  an
10    action  to  obtain  support  or  for the recovery of aid, the
11    responsible  relative,  a  person  requiring   support,   the
12    Department  of Human Services, or the local governmental unit
13    may demand a trial by jury as to the issues of fact raised in
14    the action.
15        The court may enter such orders for the payment of moneys
16    for the support of the person as may be  just  and  equitable
17    and  may direct payment thereof for such period or periods of
18    time as the circumstances require, including  support  for  a
19    period before the date the order for support is entered.  The
20    order  may  be  entered  against  any or all of the defendant
21    responsible relatives and may be based upon the proportionate
22    ability of each to contribute to the person's support.
23        The Court shall determine the  amount  of  child  support
24    (including  child  support  for  a period before the date the
25    order for child support is entered) by using  the  guidelines
26    and  standards set forth in subsection (a) of Section 505 and
27    in Section 505.2 of the Illinois Marriage and Dissolution  of
28    Marriage Act. For purposes of determining the amount of child
29    support to be paid for a period before the date the order for
30    child  support  is entered, there is a rebuttable presumption
31    that the responsible relative's net income  for  that  period
32    was  the  same as his or her net income at the time the order
33    is entered.
34        If (i) the responsible relative was properly served  with
 
                            -3-      LRB093 13001 DRJ 18226 b
 1    a  request for discovery of financial information relating to
 2    the responsible relative's ability to provide child  support,
 3    (ii)  the  responsible  relative  failed  to  comply with the
 4    request, despite having been ordered to do so by  the  court,
 5    and  (iii)  the  responsible  relative  is not present at the
 6    hearing to determine support despite having  received  proper
 7    notice,  then  any  relevant financial information concerning
 8    the responsible relative's ability to provide  child  support
 9    that  was  obtained  pursuant  to  subpoena and proper notice
10    shall be admitted into evidence without the need to establish
11    any further foundation for its admission.
12        An order entered  under  this  Section  shall  include  a
13    provision  requiring the obligor to report to the obligee and
14    to the clerk of court within 10 days each  time  the  obligor
15    obtains   new   employment,   and  each  time  the  obligor's
16    employment is terminated for any reason. The report shall  be
17    in  writing and shall, in the case of new employment, include
18    the name and address of the new employer. Failure  to  report
19    new  employment  or the termination of current employment, if
20    coupled with nonpayment of support for a period in excess  of
21    60  days,  is  indirect  criminal  contempt.  For any obligor
22    arrested for failure to report new employment bond  shall  be
23    set  in the amount of the child support that should have been
24    paid during the period of unreported  employment.   An  order
25    entered  under  this  Section  shall also include a provision
26    requiring the obligor and  obligee  parents  to  advise  each
27    other  of  a  change in residence within 5 days of the change
28    except when the court finds that  the  physical,  mental,  or
29    emotional  health  of  a  party  or that of a minor child, or
30    both, would be seriously  endangered  by  disclosure  of  the
31    party's address.
32        The Court shall determine the amount of maintenance using
33    the  standards  set  forth  in  Section  504  of the Illinois
34    Marriage and Dissolution of Marriage Act.
 
                            -4-      LRB093 13001 DRJ 18226 b
 1        Any new or existing support order entered  by  the  court
 2    under  this  Section  shall  be  deemed  to  be  a  series of
 3    judgments  against  the  person  obligated  to  pay   support
 4    thereunder,  each  such  judgment to be in the amount of each
 5    payment or installment of support and each such  judgment  to
 6    be deemed entered as of the date the corresponding payment or
 7    installment becomes due under the terms of the support order.
 8    Each  such  judgment  shall  have  the full force, effect and
 9    attributes of any other judgment of this State, including the
10    ability to be enforced.  Any  such  judgment  is  subject  to
11    modification  or  termination only in accordance with Section
12    510 of the Illinois Marriage and Dissolution of Marriage Act.
13    A lien arises by  operation  of  law  against  the  real  and
14    personal   property  of  the  noncustodial  parent  for  each
15    installment of  overdue  support  owed  by  the  noncustodial
16    parent.
17        In  an  action  to  obtain support or for the recovery of
18    aid, the court at any time may order the responsible relative
19    or a person requiring support to undergo  counseling  as  the
20    court  deems  appropriate,  based  on  the  evidence, for the
21    purpose of ensuring the payment of any  required  support  or
22    recovered aid.
23        When  an order is entered for the support of a minor, the
24    court may provide therein for reasonable  visitation  of  the
25    minor  by the person or persons who provided support pursuant
26    to the order.  Whoever willfully refuses to comply with  such
27    visitation order or willfully interferes with its enforcement
28    may be declared in contempt of court and punished therefor.
29        Except where the local governmental unit has entered into
30    an  agreement  with the Illinois Department for the Child and
31    Spouse Support Unit to act for it,  as  provided  in  Section
32    10-3.1,   support  orders  entered  by  the  court  in  cases
33    involving applicants or recipients  under  Article  VI  shall
34    provide  that  payments  thereunder  be  made directly to the
 
                            -5-      LRB093 13001 DRJ 18226 b
 1    local governmental unit.  Orders for the support of all other
 2    applicants  or  recipients  shall   provide   that   payments
 3    thereunder  be  made  directly to the Illinois Department. In
 4    accordance with federal law  and  regulations,  the  Illinois
 5    Department   may  continue  to  collect  current  maintenance
 6    payments or child support  payments,  or  both,  after  those
 7    persons   cease   to  receive  public  assistance  and  until
 8    termination  of  services  under  Article  X.   The  Illinois
 9    Department shall  pay  the  net  amount  collected  to  those
10    persons  after  deducting  any  costs  incurred in making the
11    collection or any collection  fee  from  the  amount  of  any
12    recovery  made.   In  both  cases  the order shall permit the
13    local governmental unit or the Illinois  Department,  as  the
14    case  may be, to direct the responsible relative or relatives
15    to make support payments directly to the needy person, or  to
16    some  person  or  agency  in  his behalf, upon removal of the
17    person from the public  aid  rolls  or  upon  termination  of
18    services under Article X.
19        If  the  notice of support due issued pursuant to Section
20    10-7 directs that support payments be made  directly  to  the
21    needy  person, or to some person or agency in his behalf, and
22    the recipient is removed from the  public  aid  rolls,  court
23    action   may   be  taken  against  the  responsible  relative
24    hereunder if he fails to furnish support in  accordance  with
25    the terms of such notice.
26        Actions  may also be brought under this Section in behalf
27    of any person who is in  need  of  support  from  responsible
28    relatives,  as  defined  in Section 2-11 of Article II who is
29    not an applicant for or recipient of financial aid under this
30    Code.  In such instances, the State's Attorney of the  county
31    in  which  such person resides shall bring action against the
32    responsible relatives hereunder.  If the Illinois Department,
33    as authorized by Section  10-1,  extends  the  child  support
34    enforcement  services provided by this Article to spouses and
 
                            -6-      LRB093 13001 DRJ 18226 b
 1    dependent children who are not applicants or recipients under
 2    this Code, the Child and Spouse Support Unit  established  by
 3    Section  10-3.1  shall  bring  action against the responsible
 4    relatives hereunder and any support  orders  entered  by  the
 5    court in such cases shall provide that payments thereunder be
 6    made directly to the Illinois Department.
 7        Whenever it is determined in a proceeding to establish or
 8    enforce  a  child  support or maintenance obligation that the
 9    person owing a duty of support is unemployed, the  court  may
10    order  the  person to seek employment and report periodically
11    to the court with a diary, listing or other memorandum of his
12    or her efforts in accordance with such order.   Additionally,
13    the  court  may  order the unemployed person to report to the
14    Department of Employment Security for job search services  or
15    to  make  application with the local Job Training Partnership
16    Act provider for participation in  job  search,  training  or
17    work  programs  and  where  the  duty of support is owed to a
18    child receiving child support enforcement services under this
19    Article X, the court  may  order  the  unemployed  person  to
20    report  to  the  Illinois Department for participation in job
21    search, training or work programs established  under  Section
22    9-6 and Article IXA of this Code.
23        Whenever  it  is  determined  that a person owes past-due
24    support for a child receiving assistance under this Code, the
25    court shall order at the request of the Illinois Department:
26             (1)  that the person pay  the  past-due  support  in
27        accordance with a plan approved by the court; or
28             (2)  if   the   person  owing  past-due  support  is
29        unemployed, is  subject  to  such  a  plan,  and  is  not
30        incapacitated,  that  the  person participate in such job
31        search, training,  or  work  programs  established  under
32        Section  9-6  and  Article  IXA of this Code as the court
33        deems appropriate.
34        A  determination  under  this  Section   shall   not   be
 
                            -7-      LRB093 13001 DRJ 18226 b
 1    administratively  reviewable  by  the procedures specified in
 2    Sections 10-12, and 10-13  to  10-13.10.   Any  determination
 3    under these Sections, if made the basis of court action under
 4    this   Section,   shall  not  affect  the  de  novo  judicial
 5    determination required under this Section.
 6        A one-time charge of 20% is imposable upon the amount  of
 7    past-due child support owed on July 1, 1988 which has accrued
 8    under a support order entered by the court.  The charge shall
 9    be imposed in accordance with the provisions of Section 10-21
10    of  this  Code  and  shall  be  enforced  by  the  court upon
11    petition.
12        All orders for support, when entered or  modified,  shall
13    include  a  provision  requiring  the non-custodial parent to
14    notify the court and, in cases in which a party is  receiving
15    child  support enforcement services under this Article X, the
16    Illinois Department, within 7 days, (i) of the name, address,
17    and telephone number of any new employer of the non-custodial
18    parent, (ii) whether the non-custodial parent has  access  to
19    health insurance coverage through the employer or other group
20    coverage and, if so, the policy name and number and the names
21    of  persons  covered  under  the policy, and (iii) of any new
22    residential or mailing address or  telephone  number  of  the
23    non-custodial  parent.  In any subsequent action to enforce a
24    support order, upon a  sufficient  showing  that  a  diligent
25    effort  has  been  made  to  ascertain  the  location  of the
26    non-custodial parent, service  of  process  or  provision  of
27    notice  necessary  in  the case may be made at the last known
28    address of the non-custodial parent in any  manner  expressly
29    provided  by  the Code of Civil Procedure or this Code, which
30    service shall be sufficient for purposes of due process.
31        An order for support shall include a date  on  which  the
32    current  support obligation terminates.  The termination date
33    shall be no earlier than the date on which the child  covered
34    by  the  order  will  attain  the age of 18.  However, if the
 
                            -8-      LRB093 13001 DRJ 18226 b
 1    child  will  not  graduate  from  high  school  until   after
 2    attaining  the  age of 18, then the termination date shall be
 3    no earlier than the earlier of the date on which the  child's
 4    high  school  graduation  will occur or the date on which the
 5    child will attain the age of 19.  The order for support shall
 6    state that  the  termination  date  does  not  apply  to  any
 7    arrearage  that  may  remain unpaid on that date.  Nothing in
 8    this paragraph shall be construed to prevent the  court  from
 9    modifying the order or terminating the order in the event the
10    child is otherwise emancipated.
11        Upon   notification   in   writing   or   by   electronic
12    transmission from the Illinois Department to the clerk of the
13    court  that  a person who is receiving support payments under
14    this Section is receiving services under  the  Child  Support
15    Enforcement  Program  established by Title IV-D of the Social
16    Security Act, any support payments subsequently  received  by
17    the  clerk  of  the  court shall be transmitted in accordance
18    with the instructions of the Illinois  Department  until  the
19    Illinois Department gives notice to the clerk of the court to
20    cease  the  transmittal.  After  providing  the  notification
21    authorized  under  this  paragraph,  the  Illinois Department
22    shall be entitled  as  a  party  to  notice  of  any  further
23    proceedings in the case.  The clerk of the court shall file a
24    copy  of  the Illinois Department's notification in the court
25    file.  The clerk's failure to file a copy of the notification
26    in the court file shall not,  however,  affect  the  Illinois
27    Department's right to receive notice of further proceedings.
28        Payments  under  this  Section to the Illinois Department
29    pursuant to the Child Support Enforcement Program established
30    by Title IV-D of the Social Security Act shall be  paid  into
31    the  Child Support Enforcement Trust Fund. All payments under
32    this Section to the Illinois  Department  of  Human  Services
33    shall   be  deposited  in  the  DHS  Recoveries  Trust  Fund.
34    Disbursements from  these  funds  shall  be  as  provided  in
 
                            -9-      LRB093 13001 DRJ 18226 b
 1    Sections  12-9.1 and 12-10.2 of this Code.  Payments received
 2    by a local governmental  unit  shall  be  deposited  in  that
 3    unit's General Assistance Fund.
 4        To   the  extent  the  provisions  of  this  Section  are
 5    inconsistent with the requirements pertaining  to  the  State
 6    Disbursement  Unit  under  Sections 10-10.4 and 10-26 of this
 7    Code, the requirements pertaining to the  State  Disbursement
 8    Unit shall apply.
 9    (Source:  P.A.  92-16,  eff.  6-28-01;  92-590,  eff. 7-1-02;
10    92-876, eff. 6-1-03; revised 9-27-03.)

11        Section 10. The Circuit Courts Act is amended  by  adding
12    Section 4.4 as follows:

13        (705 ILCS 35/4.4 new)
14        Sec. 4.4. Family Division.
15        (a)  In  this  Section,  "family case" means an action in
16    which the court exercises its jurisdiction under any  of  the
17    following:
18             (1)  Article X of the Illinois Public Aid Code.
19             (2)  Article  II,  III,  or IV of the Juvenile Court
20        Act of 1987.
21             (3)  Article 112A of the Code of Criminal  Procedure
22        of 1963.
23             (4)  The   Illinois   Marriage  and  Dissolution  of
24        Marriage Act.
25             (5)  The Illinois Uniform Premarital Agreement Act.
26             (6)  The Uniform Interstate Family Support Act.
27             (7)  The Income Withholding for Support Act.
28             (8)  The Emancipation of Minors Act.
29             (9)  The  Uniform  Child-Custody  Jurisdiction   and
30        Enforcement Act.
31             (10)  The Illinois Parentage Act.
32             (11)  The Illinois Parentage Act of 1984.
 
                            -10-     LRB093 13001 DRJ 18226 b
 1             (12)  The Adoption Act.
 2             (13)  The Illinois Domestic Violence Act of 1986.
 3             (14)  The Rights of Married Persons Act.
 4        (b)  The  chief  judge  of each circuit shall establish a
 5    separate family division for the circuit.  In  each  circuit,
 6    every  hearing  or other proceeding in a family case shall be
 7    assigned to the family division.
 8        (c)  The chief judge of each circuit shall  designate  an
 9    appropriate  number of circuit judges or associate judges, or
10    both, to serve in the family division.
11        (d)  This Section applies to all family cases pending  on
12    the effective date of this amendatory Act of the 93rd General
13    Assembly or commenced on or after that date.

14        Section  15. The Juvenile Court Act of 1987 is amended by
15    changing Sections 1-5, 2-20, 2-23, 3-21, 3-24, 4-18, and 4-21
16    as follows:

17        (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
18        Sec. 1-5.  Rights of parties to proceedings.
19        (1)  Except as provided in this Section and paragraph (2)
20    of Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the  minor  who
21    is  the  subject of the proceeding and his parents, guardian,
22    legal custodian  or  responsible  relative  who  are  parties
23    respondent  have  the  right  to  be present, to be heard, to
24    present   evidence   material   to   the   proceedings,    to
25    cross-examine witnesses, to examine pertinent court files and
26    records and also, although proceedings under this Act are not
27    intended  to  be  adversary  in  character,  the  right to be
28    represented  by  counsel.   At  the  request  of  any   party
29    financially unable to employ counsel, with the exception of a
30    foster  parent permitted to intervene under this Section, the
31    court shall appoint the Public Defender or such other counsel
32    as the case may require. Counsel appointed for the minor  and
 
                            -11-     LRB093 13001 DRJ 18226 b
 1    any  indigent  party  shall appear at all stages of the trial
 2    court proceeding, and such appointment shall continue through
 3    the permanency hearings and termination  of  parental  rights
 4    proceedings subject to withdrawal or substitution pursuant to
 5    Supreme Court Rules or the Code of Civil Procedure. Following
 6    the  dispositional  hearing,  the court may require appointed
 7    counsel, other than counsel for the minor or counsel for  the
 8    guardian  ad  litem,  to  withdraw his or her appearance upon
 9    failure of the party for whom  counsel  was  appointed  under
10    this Section to attend any subsequent proceedings.
11        No hearing on any petition or motion filed under this Act
12    may  be  commenced unless the minor who is the subject of the
13    proceeding is represented  by  counsel.  Notwithstanding  the
14    preceding sentence, if a guardian ad litem has been appointed
15    for the minor under Section 2-17 of this Act and the guardian
16    ad  litem  is a licensed attorney at law of this State, or in
17    the event that a court appointed special  advocate  has  been
18    appointed as guardian ad litem and counsel has been appointed
19    to  represent the court appointed special advocate, the court
20    may not require the appointment of counsel to  represent  the
21    minor  unless  the court finds that the minor's interests are
22    in conflict with what the guardian ad litem determines to  be
23    in  the  best  interest  of  the minor. Each adult respondent
24    shall be furnished a written "Notice of Rights" at or  before
25    the first hearing at which he or she appears.
26        (1.5)  The Department shall maintain a system of response
27    to  inquiry made by parents or putative parents as to whether
28    their child is under  the  custody  or  guardianship  of  the
29    Department;  and  if  so,  the  Department  shall  direct the
30    parents or putative  parents  to  the  appropriate  court  of
31    jurisdiction,  including  where  inquiry  may  be made of the
32    clerk of the court regarding the case  number  and  the  next
33    scheduled  court  date  of the minor's case. Effective notice
34    and the means of accessing information shall be given to  the
 
                            -12-     LRB093 13001 DRJ 18226 b
 1    public on a continuing basis by the Department.
 2        (2) (a)  Though not appointed guardian or legal custodian
 3    or  otherwise  made a party to the proceeding, any current or
 4    previously appointed foster parent or relative caregiver,  or
 5    representative  of an agency or association interested in the
 6    minor has the right to be heard by the court,  but  does  not
 7    thereby become a party to the proceeding.
 8        In  addition  to  the  foregoing right to be heard by the
 9    court, any current foster parent or relative caregiver  of  a
10    minor   and  the  agency  designated  by  the  court  or  the
11    Department of Children and Family Services  as  custodian  of
12    the  minor  who  is  alleged to be or has been adjudicated an
13    abused or neglected minor under Section 2-3  or  a  dependent
14    minor  under  Section  2-4  of  this Act has the right to and
15    shall be given adequate notice at all stages of  any  hearing
16    or proceeding under this Act.
17        Any foster parent or relative caregiver who is denied his
18    or  her  right  to  be  heard  under this Section may bring a
19    mandamus action under  Article  XIV  of  the  Code  of  Civil
20    Procedure  against  the court or any public agency to enforce
21    that right.  The mandamus action may be  brought  immediately
22    upon the denial of those rights but in no event later than 30
23    days  after the foster parent has been denied the right to be
24    heard.
25        (b)  If after an adjudication that a minor is  abused  or
26    neglected  as  provided  under Section 2-21 of this Act and a
27    motion has been made to restore  the  minor  to  any  parent,
28    guardian,  or  legal  custodian  found  by  the court to have
29    caused the neglect or to have  inflicted  the  abuse  on  the
30    minor,  a foster parent may file a motion to intervene in the
31    proceeding for the sole purpose of requesting that the  minor
32    be  placed  with  the foster parent, provided that the foster
33    parent (i) is the current foster parent of the minor or  (ii)
34    has  previously  been  a  foster parent for the minor for one
 
                            -13-     LRB093 13001 DRJ 18226 b
 1    year or more, has a foster care license or is eligible for  a
 2    license,  and  is not the subject of any findings of abuse or
 3    neglect of any child.  The  juvenile  court  may  only  enter
 4    orders  placing  a  minor with a specific foster parent under
 5    this subsection (2)(b) and nothing in this Section  shall  be
 6    construed  to  confer  any  jurisdiction  or authority on the
 7    juvenile court  to  issue  any  other  orders  requiring  the
 8    appointed guardian or custodian of a minor to place the minor
 9    in a designated foster home or facility.  This Section is not
10    intended  to  encompass any matters that are within the scope
11    or determinable under the administrative and  appeal  process
12    established by rules of the Department of Children and Family
13    Services  under  Section  5(o)  of  the  Children  and Family
14    Services Act.  Nothing in  this  Section  shall  relieve  the
15    court  of  its  responsibility, under Section 2-14(a) of this
16    Act to act in a just and speedy manner  to  reunify  families
17    where it is the best interests of the minor and the child can
18    be  cared  for at home without endangering the child's health
19    or safety and, if reunification is not in the best  interests
20    of  the  minor, to find another permanent home for the minor.
21    Nothing in this Section, or in any order issued by the  court
22    with  respect  to  the  placement  of  a  minor with a foster
23    parent,  shall  impair  the  ability  of  the  Department  of
24    Children and Family Services, or anyone else authorized under
25    Section 5 of the Abused and Neglected Child Reporting Act, to
26    remove a minor from the  home  of  a  foster  parent  if  the
27    Department  of  Children  and  Family  Services or the person
28    removing  the  minor  has  reason   to   believe   that   the
29    circumstances  or  conditions  of  the  minor  are  such that
30    continuing in the residence or care of the foster parent will
31    jeopardize the  child's  health  and  safety  or  present  an
32    imminent risk of harm to that minor's life.
33        (c)  If  a  foster  parent  has  had the minor who is the
34    subject of the proceeding under Article II in his or her home
 
                            -14-     LRB093 13001 DRJ 18226 b
 1    for more than one year on or after July 3, 1994  and  if  the
 2    minor's  placement  is  being  terminated  from  that  foster
 3    parent's  home,  that  foster  parent shall have standing and
 4    intervenor status except in  those  circumstances  where  the
 5    Department  of  Children  and  Family Services or anyone else
 6    authorized under Section 5 of the Abused and Neglected  Child
 7    Reporting  Act  has  removed the minor from the foster parent
 8    because of a reasonable  belief  that  the  circumstances  or
 9    conditions  of  the  minor  are  such  that continuing in the
10    residence or care of the foster parent  will  jeopardize  the
11    child's health or safety or presents an imminent risk of harm
12    to the minor's life.
13        (d)  The court may grant standing to any foster parent if
14    the  court finds that it is in the best interest of the child
15    for the foster parent to have standing and intervenor status.
16        (3)  Parties  respondent  are  entitled  to   notice   in
17    compliance  with  Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
18    and 4-15 or 5-525 and 5-530, as  appropriate.  At  the  first
19    appearance  before  the  court  by  the  minor,  his parents,
20    guardian, custodian or responsible relative, the court  shall
21    explain  the nature of the proceedings and inform the parties
22    of their rights under the first 2 paragraphs of this Section.
23        If the child  is  alleged  to  be  abused,  neglected  or
24    dependent,  the  court shall admonish the parents that if the
25    court declares the child to be a ward of the court and awards
26    custody or guardianship to the  Department  of  Children  and
27    Family   Services,   the  parents  must  cooperate  with  the
28    Department of Children and Family Services, comply  with  the
29    terms  of  the service plans, and correct the conditions that
30    require the child to be in care, or risk termination of their
31    parental rights.
32        Upon an adjudication  of  wardship  of  the  court  under
33    Sections  2-22,  3-23,  4-20 or 5-705, the court shall inform
34    the parties of their right to appeal  therefrom  as  well  as
 
                            -15-     LRB093 13001 DRJ 18226 b
 1    from any other final judgment of the court.
 2        When   the  court  finds  that  a  child  is  an  abused,
 3    neglected, or dependent minor under Section 2-21,  the  court
 4    shall  admonish  the  parents that the parents must cooperate
 5    with the Department of Children and Family  Services,  comply
 6    with  the  terms  of  the  service  plans,  and  correct  the
 7    conditions  that  require  the  child  to be in care, or risk
 8    termination of their parental rights.
 9        When the court declares a child to be a ward of the court
10    and awards guardianship to the  Department  of  Children  and
11    Family  Services under Section 2-22, the court shall admonish
12    the parents, guardian,  custodian,  or  responsible  relative
13    that  the  parents  must  cooperate  with  the  Department of
14    Children and Family Services, comply with the  terms  of  the
15    service  plans,  and  correct the conditions that require the
16    child to be in care, or risk termination  of  their  parental
17    rights.
18        (4)  No  sanction may be applied against the minor who is
19    the subject of the proceedings by reason of  his  refusal  or
20    failure to testify in the course of any hearing held prior to
21    final adjudication under Section 2-22, 3-23, 4-20 or 5-705.
22        (5)  In  the  discretion  of  the court, the minor may be
23    excluded from any part or parts of  a  dispositional  hearing
24    and,  with  the  consent  of the parent or parents, guardian,
25    counsel or a guardian ad litem, from any part or parts of  an
26    adjudicatory hearing.
27        (6)  The general public except for the news media and the
28    victim shall be excluded from any hearing and, except for the
29    persons  specified  in  this  Section only persons, including
30    representatives of agencies  and  associations,  who  in  the
31    opinion of the court have a direct interest in the case or in
32    the  work  of  the  court  shall  be admitted to the hearing.
33    However, the court may, for the minor's safety and protection
34    and for good cause  shown,  prohibit  any  person  or  agency
 
                            -16-     LRB093 13001 DRJ 18226 b
 1    present   in   court  from  further  disclosing  the  minor's
 2    identity. Nothing in this subsection (6) prevents  the  court
 3    from allowing other juveniles to be present or to participate
 4    in  a  court session being held under the Juvenile Drug Court
 5    Treatment Act.
 6        (7)  A party shall not be entitled to exercise the  right
 7    to  a substitution of a judge without cause under subdivision
 8    (a)(2) of Section 2-1001 of the Code of Civil Procedure in  a
 9    proceeding  under this Act if the judge is currently assigned
10    to a proceeding involving  the  alleged  abuse,  neglect,  or
11    dependency  of  the  minor's sibling or half sibling and that
12    judge  has  made  a  substantive  ruling  in  the  proceeding
13    involving the minor's sibling or half sibling.
14        (8)  In accordance with the Code of  Civil  Procedure,  a
15    party  may  demand  a  trial by jury as to the issues of fact
16    raised in any of the following proceedings:
17             (a)  An adjudicatory  hearing  under  Section  2-21,
18        3-22, or 4-19.
19             (b)  A  dispositional  hearing  under  Section 2-22,
20        3-23, or 4-20.
21             (c)  A proceeding for termination of parental rights
22        under Section 2-29, 3-30, or 4-27.
23    (Source: P.A. 92-559, eff. 1-1-03; 93-539, eff. 8-18-03.)

24        (705 ILCS 405/2-20) (from Ch. 37, par. 802-20)
25        Sec. 2-20.  Continuance under supervision.
26        (1)  The court may enter an order  of  continuance  under
27    supervision  (a)  upon  an  admission  or  stipulation by the
28    appropriate respondent  or  minor  respondent  of  the  facts
29    supporting the petition and before proceeding to findings and
30    adjudication,   or   after   hearing   the  evidence  at  the
31    adjudicatory hearing but before  noting  in  the  minutes  of
32    proceeding  a  finding of whether or not the minor is abused,
33    neglected or dependent; and (b) in the absence  of  objection
 
                            -17-     LRB093 13001 DRJ 18226 b
 1    made  in  open  court  by  the  minor,  his parent, guardian,
 2    custodian, responsible  relative,  defense  attorney  or  the
 3    State's Attorney.
 4        (2)  If  the  minor,  his  parent,  guardian,  custodian,
 5    responsible   relative,   defense  attorney  or  the  State's
 6    Attorney, objects in open court to any such  continuance  and
 7    insists  upon  proceeding  to  findings and adjudication, the
 8    court shall so proceed.
 9        (3)  Nothing in this Section  limits  the  power  of  the
10    court   to  order  a  continuance  of  the  hearing  for  the
11    production of additional evidence or  for  any  other  proper
12    reason.
13        (4)  When  a  hearing  where  a  minor  is  alleged to be
14    abused, neglected or dependent is continued pursuant to  this
15    Section, the court may permit the minor to remain in his home
16    if  the  court  determines and makes written factual findings
17    that the minor can be cared for at home when consistent  with
18    the  minor's  health,  safety, and best interests, subject to
19    such conditions concerning his conduct and supervision as the
20    court may require by order.
21        (4.5)  As a condition of supervision under this  Section,
22    the  court  may  order  the  minor  or  the  minor's  parent,
23    guardian, custodian, or other responsible relative to undergo
24    counseling  as  the  court  deems  appropriate,  based on the
25    evidence, in order to achieve the purposes of this Act.
26        (5)  If a petition is filed charging  a  violation  of  a
27    condition  of  the  continuance  under supervision, the court
28    shall conduct  a  hearing.  If  the  court  finds  that  such
29    condition of supervision has not been fulfilled the court may
30    proceed  to  findings  and  adjudication and disposition. The
31    filing of a petition for violation  of  a  condition  of  the
32    continuance  under  supervision  shall  toll  the  period  of
33    continuance  under  supervision until the final determination
34    of  the  charge,  and  the  term  of  the  continuance  under
 
                            -18-     LRB093 13001 DRJ 18226 b
 1    supervision shall not run until the hearing  and  disposition
 2    of  the  petition  for violation; provided where the petition
 3    alleges conduct that does not constitute a criminal  offense,
 4    the  hearing must be held within 15 days of the filing of the
 5    petition unless a delay in such hearing has  been  occasioned
 6    by  the  minor,  in  which  case the delay shall continue the
 7    tolling of the period of continuance  under  supervision  for
 8    the period of such delay.
 9    (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)

10        (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
11        Sec. 2-23.  Kinds of dispositional orders.
12        (1)  The  following kinds of orders of disposition may be
13    made in respect of wards of the court:
14             (a)  A minor under 18  years  of  age  found  to  be
15        neglected  or abused under Section 2-3 or dependent under
16        Section 2-4 may be (1) continued in the custody of his or
17        her parents, guardian or legal custodian; (2)  placed  in
18        accordance with Section 2-27; (3) restored to the custody
19        of  the  parent,  parents,  guardian, or legal custodian,
20        provided the  court  shall  order  the  parent,  parents,
21        guardian,  or  legal  custodian  to  cooperate  with  the
22        Department  of  Children  and  Family Services and comply
23        with the terms of an after-care plan or risk the loss  of
24        custody  of  the  child  and  the possible termination of
25        their  parental  rights;  or  (4)  ordered  partially  or
26        completely emancipated in accordance with the  provisions
27        of the Emancipation of Mature Minors Act.
28             However,  in  any  case in which a minor is found by
29        the court to be neglected or abused under Section 2-3  of
30        this  Act,  custody of the minor shall not be restored to
31        any parent, guardian or legal  custodian  whose  acts  or
32        omissions  or  both  have  been  identified,  pursuant to
33        subsection (1) of Section 2-21, as forming the basis  for
 
                            -19-     LRB093 13001 DRJ 18226 b
 1        the  court's finding of abuse or neglect, until such time
 2        as a hearing is held on the issue of the  best  interests
 3        of  the minor and the fitness of such parent, guardian or
 4        legal custodian to care for the minor without endangering
 5        the minor's health or safety, and  the  court  enters  an
 6        order  that  such  parent, guardian or legal custodian is
 7        fit to care for the minor.
 8             (b)  A minor under 18  years  of  age  found  to  be
 9        dependent   under  Section  2-4  may  be  (1)  placed  in
10        accordance with Section 2-27 or (2) ordered partially  or
11        completely  emancipated in accordance with the provisions
12        of the Emancipation of Mature Minors Act.
13             However, in any case in which a minor  is  found  by
14        the  court to be dependent under Section 2-4 of this Act,
15        custody of the minor shall not be restored to any parent,
16        guardian or legal custodian whose acts  or  omissions  or
17        both  have been identified, pursuant to subsection (1) of
18        Section 2-21,  as  forming  the  basis  for  the  court's
19        finding  of  dependency,  until such time as a hearing is
20        held on the issue of the fitness of such parent, guardian
21        or  legal  custodian  to  care  for  the  minor   without
22        endangering  the  minor's health or safety, and the court
23        enters an order  that  such  parent,  guardian  or  legal
24        custodian is fit to care for the minor.
25             (c)  When  the  court  awards  guardianship  to  the
26        Department  of  Children  and  Family Services, the court
27        shall order the parents to  cooperate with the Department
28        of Children and Family Services, comply with the terms of
29        the  service  plans,  and  correct  the  conditions  that
30        require the child to be in care, or risk  termination  of
31        their parental rights.
32        (2)  Any  order of disposition may provide for protective
33    supervision under Section 2-24 and may include  an  order  of
34    protection under Section 2-25.
 
                            -20-     LRB093 13001 DRJ 18226 b
 1        Unless the order of disposition expressly so provides, it
 2    does   not  operate  to  close  proceedings  on  the  pending
 3    petition, but is subject to  modification,  not  inconsistent
 4    with  Section  2-28, until final closing and discharge of the
 5    proceedings under Section 2-31.
 6        (3)  The  court  also  shall  enter  any   other   orders
 7    necessary  to  fulfill  the  service plan, including, but not
 8    limited to, (i) orders requiring parties  to  cooperate  with
 9    services,  (ii) restraining orders controlling the conduct of
10    any party likely to frustrate the achievement  of  the  goal,
11    and  (iii)  visiting  orders.   Unless otherwise specifically
12    authorized by law, the court  is  not  empowered  under  this
13    subsection   (3)   to  order  specific  placements,  specific
14    services, or specific service providers to be included in the
15    plan.  If the court concludes that the Department of Children
16    and Family Services has abused its discretion in setting  the
17    current  service  plan  or permanency goal for the minor, the
18    court shall enter specific findings in writing based  on  the
19    evidence  and  shall  enter  an  order  for the Department to
20    develop and implement a new permanency goal and service  plan
21    consistent  with  the court's findings.  The new service plan
22    shall be filed with the court and served on all parties.  The
23    court shall continue the matter until the new service plan is
24    filed.
25        (3.5)  In addition to any other order of disposition, the
26    court may order the minor or the  minor's  parent,  guardian,
27    custodian,   or   other   responsible   relative  to  undergo
28    counseling as the  court  deems  appropriate,  based  on  the
29    evidence, in order to achieve the purposes of this Act.
30        (4)  In  addition  to any other order of disposition, the
31    court may order any minor adjudicated neglected with  respect
32    to  his or her own injurious behavior to make restitution, in
33    monetary or non-monetary form, under the terms and conditions
34    of Section 5-5-6 of the Unified Code of  Corrections,  except
 
                            -21-     LRB093 13001 DRJ 18226 b
 1    that  the  "presentence hearing" referred to therein shall be
 2    the dispositional hearing for purposes of this Section.   The
 3    parent, guardian or legal custodian of the minor may pay some
 4    or all of such restitution on the minor's behalf.
 5        (5)  Any   order  for  disposition  where  the  minor  is
 6    committed or placed in accordance  with  Section  2-27  shall
 7    provide  for  the  parents  or guardian of the estate of such
 8    minor to pay to the legal custodian or guardian of the person
 9    of the minor such sums as are determined by the custodian  or
10    guardian  of  the  person  of  the minor as necessary for the
11    minor's needs. Such  payments  may  not  exceed  the  maximum
12    amounts  provided  for  by  Section  9.1  of the Children and
13    Family Services Act.
14        (6)  Whenever the order of disposition requires the minor
15    to attend school or participate in a program of training, the
16    truant officer or designated school official shall  regularly
17    report  to  the  court  if the minor is a chronic or habitual
18    truant under Section 26-2a of the School Code.
19        (7)  The court may terminate the  parental  rights  of  a
20    parent  at  the  initial  dispositional hearing if all of the
21    conditions in subsection (5) of Section 2-21 are met.
22    (Source: P.A.  89-17,  eff.  5-31-95;  89-235,  eff.  8-4-95;
23    90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98;
24    90-655, eff. 7-30-98; revised 10-9-03.)

25        (705 ILCS 405/3-21) (from Ch. 37, par. 803-21)
26        Sec. 3-21.  Continuance under supervision.
27        (1)  The  court  may  enter an order of continuance under
28    supervision (a) upon  an  admission  or  stipulation  by  the
29    appropriate  respondent  or  minor  respondent  of  the facts
30    supporting the petition and before proceeding to findings and
31    adjudication,  or  after  hearing   the   evidence   at   the
32    adjudicatory  hearing  but  before  noting  in the minutes of
33    proceedings a finding of whether or not the minor is a person
 
                            -22-     LRB093 13001 DRJ 18226 b
 1    requiring authoritative intervention; and (b) in the  absence
 2    of  objection  made  in  open court by the minor, his parent,
 3    guardian, custodian, responsible relative,  defense  attorney
 4    or the State's Attorney.
 5        (2)  If  the  minor,  his  parent,  guardian,  custodian,
 6    responsible  relative,  defense attorney or State's Attorney,
 7    objects in open court to any  such  continuance  and  insists
 8    upon proceeding to findings and adjudication, the court shall
 9    so proceed.
10        (3)  Nothing  in  this  Section  limits  the power of the
11    court  to  order  a  continuance  of  the  hearing  for   the
12    production  of  additional  evidence  or for any other proper
13    reason.
14        (4)  When a hearing where a minor  is  alleged  to  be  a
15    minor   requiring  authoritative  intervention  is  continued
16    pursuant to this Section, the court may permit the  minor  to
17    remain  in his home subject to such conditions concerning his
18    conduct and supervision as the court may require by order.
19        (4.5)  As a condition of supervision under this  Section,
20    the  court  may  order  the  minor  or  the  minor's  parent,
21    guardian, custodian, or other responsible relative to undergo
22    counseling  as  the  court  deems  appropriate,  based on the
23    evidence, in order to achieve the purposes of this Act.
24        (5)  If a petition is filed charging  a  violation  of  a
25    condition  of  the  continuance  under supervision, the court
26    shall conduct  a  hearing.  If  the  court  finds  that  such
27    condition of supervision has not been fulfilled the court may
28    proceed  to  findings  and adjudication and disposition.  The
29    filing of a petition for violation  of  a  condition  of  the
30    continuance  under  supervision  shall  toll  the  period  of
31    continuance  under  supervision until the final determination
32    of  the  charge,  and  the  term  of  the  continuance  under
33    supervision shall not run until the hearing  and  disposition
34    of  the  petition  for violation; provided where the petition
 
                            -23-     LRB093 13001 DRJ 18226 b
 1    alleges conduct that does not constitute a criminal  offense,
 2    the  hearing must be held within 15 days of the filing of the
 3    petition unless a delay in such hearing has  been  occasioned
 4    by  the  minor,  in  which  case the delay shall continue the
 5    tolling of the period of continuance  under  supervision  for
 6    the period of such delay.
 7        (6)  The court must impose upon a minor under an order of
 8    continuance  under  supervision  or  an  order of disposition
 9    under this Article III, as a condition of the order, a fee of
10    $25 for each month or partial month  of  supervision  with  a
11    probation  officer.  If the court determines the inability of
12    the minor, or the parent, guardian, or legal custodian of the
13    minor to pay the fee, the court may impose a lesser fee.  The
14    court may not impose the fee on a minor who is made a ward of
15    the State under this Act.  The fee may be imposed only upon a
16    minor who is actively supervised by the probation  and  court
17    services  department.  The fee must be collected by the clerk
18    of the circuit court.  The clerk of the  circuit  court  must
19    pay  all  monies  collected  from  this  fee  to  the  county
20    treasurer  for  deposit into the probation and court services
21    fund under  Section  15.1  of  the  Probation  and  Probation
22    Officers Act.
23    (Source: P.A. 92-329, eff. 8-9-01.)

24        (705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
25        Sec. 3-24.  Kinds of dispositional orders.
26        (1)  The  following kinds of orders of disposition may be
27    made in respect to wards of the court: A minor  found  to  be
28    requiring authoritative intervention under Section 3-3 may be
29    (a)  committed  to  the  Department  of  Children  and Family
30    Services, subject to Section 5 of  the  Children  and  Family
31    Services  Act;  (b)  placed under supervision and released to
32    his or her parents, guardian or legal custodian;  (c)  placed
33    in  accordance  with  Section 3-28 with or without also being
 
                            -24-     LRB093 13001 DRJ 18226 b
 1    placed under supervision.  Conditions of supervision  may  be
 2    modified or terminated by the court if it deems that the best
 3    interests of the minor and the public will be served thereby;
 4    (d) ordered partially or completely emancipated in accordance
 5    with the provisions of the Emancipation of Mature Minors Act;
 6    or  (e)  subject  to  having  his  or her driver's license or
 7    driving privilege suspended for such time  as  determined  by
 8    the Court but only until he or she attains 18 years of age.
 9        (2)  Any  order of disposition may provide for protective
10    supervision under Section 3-25 and may include  an  order  of
11    protection under Section 3-26.
12        (3)  Unless   the   order  of  disposition  expressly  so
13    provides, it does not operate to  close  proceedings  on  the
14    pending  petition, but is subject to modification until final
15    closing and discharge of the proceedings under Section 3-32.
16        (3.5)  In addition to any other order of disposition, the
17    court may order the minor or the  minor's  parent,  guardian,
18    custodian,   or   other   responsible   relative  to  undergo
19    counseling as the  court  deems  appropriate,  based  on  the
20    evidence, in order to achieve the purposes of this Act.
21        (4)  In  addition  to any other order of disposition, the
22    court may order any person found  to  be  a  minor  requiring
23    authoritative   intervention   under   Section  3-3  to  make
24    restitution, in monetary  or  non-monetary  form,  under  the
25    terms  and conditions of Section 5-5-6 of the Unified Code of
26    Corrections, except that the "presentence  hearing"  referred
27    to therein shall be the dispositional hearing for purposes of
28    this  Section.   The  parent, guardian  or legal custodian of
29    the minor may pay some or all  of  such  restitution  on  the
30    minor's behalf.
31        (5)  Any   order  for  disposition  where  the  minor  is
32    committed or placed in accordance  with  Section  3-28  shall
33    provide  for  the  parents  or guardian of the estate of such
34    minor to pay to the legal custodian or guardian of the person
 
                            -25-     LRB093 13001 DRJ 18226 b
 1    of the minor such sums as are determined by the custodian  or
 2    guardian  of  the  person  of  the minor as necessary for the
 3    minor's needs. Such  payments  may  not  exceed  the  maximum
 4    amounts  provided  for  by  Section  9.1  of the Children and
 5    Family Services Act.
 6        (6)  Whenever the order of disposition requires the minor
 7    to attend school or participate in a program of training, the
 8    truant officer or designated school official shall  regularly
 9    report  to  the  court  if the minor is a chronic or habitual
10    truant under Section 26-2a of the School Code.
11        (7)  The court must impose upon a minor under an order of
12    continuance under supervision  or  an  order  of  disposition
13    under this Article III, as a condition of the order, a fee of
14    $25  for  each  month  or partial month of supervision with a
15    probation officer.  If the court determines the inability  of
16    the minor, or the parent, guardian, or legal custodian of the
17    minor to pay the fee, the court may impose a lesser fee.  The
18    court may not impose the fee on a minor who is made a ward of
19    the State under this Act.  The fee may be imposed only upon a
20    minor  who  is actively supervised by the probation and court
21    services department.  The fee must be collected by the  clerk
22    of  the  circuit  court.  The clerk of the circuit court must
23    pay  all  monies  collected  from  this  fee  to  the  county
24    treasurer for deposit into the probation and  court  services
25    fund  under  Section  15.1  of  the  Probation  and Probation
26    Officers Act.
27    (Source: P.A. 92-329, eff. 8-9-01; revised 10-9-03.)

28        (705 ILCS 405/4-18) (from Ch. 37, par. 804-18)
29        Sec. 4-18.  Continuance under supervision.
30        (1)  The court may enter an order  of  continuance  under
31    supervision  (a)  upon  an  admission  or  stipulation by the
32    appropriate respondent  or  minor  respondent  of  the  facts
33    supporting the petition and before proceeding to findings and
 
                            -26-     LRB093 13001 DRJ 18226 b
 1    adjudication,   or   after   hearing   the  evidence  at  the
 2    adjudicatory hearing but before noting in the minutes of  the
 3    proceeding  a  finding  of  whether  or  not  the minor is an
 4    addict, and (b) in the absence  of  objection  made  in  open
 5    court   by   the  minor,  his  parent,  guardian,  custodian,
 6    responsible  relative,  defense  attorney  or   the   State's
 7    Attorney.
 8        (2)  If  the  minor,  his  parent,  guardian,  custodian,
 9    responsible  relative,  defense attorney or State's Attorney,
10    objects in open court to any  such  continuance  and  insists
11    upon proceeding to findings and adjudication, the court shall
12    so proceed.
13        (3)  Nothing  in  this  Section  limits  the power of the
14    court  to  order  a  continuance  of  the  hearing  for   the
15    production  of  additional  evidence  or for any other proper
16    reason.
17        (4)  When  a  hearing  is  continued  pursuant  to   this
18    Section, the court may permit the minor to remain in his home
19    subject   to  such  conditions  concerning  his  conduct  and
20    supervision as the court may require by order.
21        (4.5)  As a condition of supervision under this  Section,
22    the  court  may  order  the  minor  or  the  minor's  parent,
23    guardian, custodian, or other responsible relative to undergo
24    counseling  as  the  court  deems  appropriate,  based on the
25    evidence, in order to achieve the purposes of this Act.
26        (5)  If a petition is filed charging  a  violation  of  a
27    condition  of  the  continuance  under supervision, the court
28    shall conduct  a  hearing.  If  the  court  finds  that  such
29    condition of supervision has not been fulfilled the court may
30    proceed  to  findings  and adjudication and disposition.  The
31    filing of a petition for violation  of  a  condition  of  the
32    continuance  under  supervision  shall  toll  the  period  of
33    continuance  under  supervision until the final determination
34    of  the  charge,  and  the  term  of  the  continuance  under
 
                            -27-     LRB093 13001 DRJ 18226 b
 1    supervision shall not run until the hearing  and  disposition
 2    of  the  petition  for violation; provided where the petition
 3    alleges conduct that does not constitute a criminal  offense,
 4    the  hearing must be held within 15 days of the filing of the
 5    petition unless a delay in such hearing has  been  occasioned
 6    by  the  minor,  in  which  case the delay shall continue the
 7    tolling of the period of continuance  under  supervision  for
 8    the period of such delay.
 9        (6)  The court must impose upon a minor under an order of
10    continuance  under  supervision  or  an  order of disposition
11    under this Article IV, as a condition of the order, a fee  of
12    $25  for  each  month  or partial month of supervision with a
13    probation officer.  If the court determines the inability  of
14    the minor, or the parent, guardian, or legal custodian of the
15    minor to pay the fee, the court may impose a lesser fee.  The
16    court may not impose the fee on a minor who is made a ward of
17    the State under this Act.  The fee may be imposed only upon a
18    minor  who  is actively supervised by the probation and court
19    services department.  The fee must be collected by the  clerk
20    of  the  circuit  court.  The clerk of the circuit court must
21    pay  all  monies  collected  from  this  fee  to  the  county
22    treasurer for deposit into the probation and  court  services
23    fund  under  Section  15.1  of  the  Probation  and Probation
24    Officers Act.
25    (Source: P.A. 92-329, eff. 8-9-01.)

26        (705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
27        Sec. 4-21.  Kinds of dispositional orders.
28        (1)  A minor found to be addicted under Section  4-3  may
29    be  (a)  committed  to  the Department of Children and Family
30    Services, subject to Section 5 of  the  Children  and  Family
31    Services  Act;  (b)  placed under supervision and released to
32    his or her parents, guardian or legal custodian;  (c)  placed
33    in  accordance  with  Section 4-25 with or without also being
 
                            -28-     LRB093 13001 DRJ 18226 b
 1    placed under supervision. Conditions of  supervision  may  be
 2    modified or terminated by the court if it deems that the best
 3    interests of the minor and the public will be served thereby;
 4    (d)  required  to  attend  an  approved alcohol or drug abuse
 5    treatment or counseling program on an inpatient or outpatient
 6    basis instead of or in addition to the disposition  otherwise
 7    provided  for  in  this  paragraph;  (e) ordered partially or
 8    completely emancipated in accordance with the  provisions  of
 9    the  Emancipation  of  Mature  Minors  Act; or (f) subject to
10    having his or  her  driver's  license  or  driving  privilege
11    suspended  for  such time as determined by the Court but only
12    until he or she attains 18  years  of  age.   No  disposition
13    under this subsection shall provide for the minor's placement
14    in a secure facility.
15        (2)  Any  order of disposition may provide for protective
16    supervision under Section 4-22 and may include  an  order  of
17    protection under Section 4-23.
18        (3)  Unless   the   order  of  disposition  expressly  so
19    provides, it does not operate to  close  proceedings  on  the
20    pending  petition, but is subject to modification until final
21    closing and discharge of the proceedings under Section 4-29.
22        (3.5)  In addition to any other order of disposition, the
23    court may order the minor or the  minor's  parent,  guardian,
24    custodian,   or   other   responsible   relative  to  undergo
25    counseling as the  court  deems  appropriate,  based  on  the
26    evidence, in order to achieve the purposes of this Act.
27        (4)  In  addition  to any other order of disposition, the
28    court may order any minor found to  be  addicted  under  this
29    Article as neglected with respect to his or her own injurious
30    behavior,  to  make  restitution, in monetary or non-monetary
31    form, under the terms and conditions of Section 5-5-6 of  the
32    Unified  Code  of  Corrections,  except that the "presentence
33    hearing" referred  to  therein  shall  be  the  dispositional
34    hearing  for  purposes of this Section.  The parent, guardian
 
                            -29-     LRB093 13001 DRJ 18226 b
 1    or legal custodian of the minor may pay some or all  of  such
 2    restitution on the minor's behalf.
 3        (5)  Any  order for disposition where the minor is placed
 4    in accordance with Section 4-25 shall provide for the parents
 5    or guardian of the estate of such minor to pay to  the  legal
 6    custodian or guardian of the person of the minor such sums as
 7    are  determined by the custodian or guardian of the person of
 8    the minor as necessary for the minor's needs.  Such  payments
 9    may  not  exceed  the maximum amounts provided for by Section
10    9.1 of the Children and Family Services Act.
11        (6)  Whenever the order of disposition requires the minor
12    to attend school or participate in a program of training, the
13    truant officer or designated school official shall  regularly
14    report  to  the  court  if the minor is a chronic or habitual
15    truant under Section 26-2a of the School Code.
16        (7)  The court must impose upon a minor under an order of
17    continuance under supervision  or  an  order  of  disposition
18    under  this Article IV, as a condition of the order, a fee of
19    $25 for each month or partial month  of  supervision  with  a
20    probation  officer.  If the court determines the inability of
21    the minor, or the parent, guardian, or legal custodian of the
22    minor to pay the fee, the court may impose a lesser fee.  The
23    court may not impose the fee on a minor who is made a ward of
24    the State under this Act.  The fee may be imposed only upon a
25    minor who is actively supervised by the probation  and  court
26    services  department.  The fee must be collected by the clerk
27    of the circuit court. The clerk of the circuit court must pay
28    all monies collected from this fee to  the  county  treasurer
29    for  deposit into the probation and court services fund under
30    Section 15.1 of the Probation and Probation Officers Act.
31    (Source: P.A. 92-329, eff. 8-9-01; revised 10-9-03.)

32        Section 20.  The Code of Criminal Procedure  of  1963  is
33    amended by changing Sections 112A-7 and 112A-14 as follows:
 
                            -30-     LRB093 13001 DRJ 18226 b
 1        (725 ILCS 5/112A-7) (from Ch. 38, par. 112A-7)
 2        Sec.  112A-7. Trial by jury.  In accordance with the Code
 3    of Civil Procedure, the  petitioner  or  the  respondent  may
 4    demand  a  There  shall  be  no right to trial by jury of the
 5    issues of fact in any proceeding to obtain, modify, vacate or
 6    extend  an  any  order  of  protection  under  this  Article.
 7    However, Nothing in this  Section  shall  deny  any  existing
 8    right to trial by jury in a criminal proceeding.
 9    (Source: P.A. 87-895; 87-1186; 88-45.)

10        (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
11        Sec. 112A-14.  Order of protection; remedies.
12        (a)  Issuance   of   order.   If  the  court  finds  that
13    petitioner has been abused by a family or  household  member,
14    as   defined   in   this  Article,  an  order  of  protection
15    prohibiting such abuse shall issue; provided that  petitioner
16    must  also  satisfy  the requirements of one of the following
17    Sections,  as  appropriate:  Section  112A-17  on   emergency
18    orders, Section 112A-18 on interim orders, or Section 112A-19
19    on  plenary  orders.  Petitioner shall not be denied an order
20    of protection because petitioner or respondent  is  a  minor.
21    The  court, when determining whether or not to issue an order
22    of protection, shall not require physical  manifestations  of
23    abuse   on  the  person  of  the  victim.   Modification  and
24    extension  of  prior  orders  of  protection  shall   be   in
25    accordance with this Article.
26        (b)  Remedies and standards.  The remedies to be included
27    in  an  order of protection shall be determined in accordance
28    with this Section and  one  of  the  following  Sections,  as
29    appropriate:  Section  112A-17  on  emergency orders, Section
30    112A-18 on interim orders, and  Section  112A-19  on  plenary
31    orders.    The remedies listed in this subsection shall be in
32    addition to other civil or  criminal  remedies  available  to
33    petitioner.
 
                            -31-     LRB093 13001 DRJ 18226 b
 1             (1)  Prohibition  of  abuse.   Prohibit respondent's
 2        harassment,   interference   with    personal    liberty,
 3        intimidation  of  a  dependent, physical abuse or willful
 4        deprivation, as defined in this Article,  if  such  abuse
 5        has  occurred or otherwise appears likely to occur if not
 6        prohibited.
 7             (2)  Grant of  exclusive  possession  of  residence.
 8        Prohibit  respondent  from  entering  or remaining in any
 9        residence or household of the petitioner,  including  one
10        owned  or leased by respondent, if petitioner has a right
11        to occupancy thereof.  The grant of exclusive  possession
12        of the residence shall not affect title to real property,
13        nor  shall the court be limited by the standard set forth
14        in Section 701 of the Illinois Marriage  and  Dissolution
15        of Marriage Act.
16                  (A)  Right  to  occupancy.  A party has a right
17             to occupancy of a residence or household  if  it  is
18             solely  or  jointly  owned  or leased by that party,
19             that party's spouse, a person with a legal  duty  to
20             support  that party or a minor child in that party's
21             care, or by any person  or  entity  other  than  the
22             opposing   party   that   authorizes   that  party's
23             occupancy  (e.g.,  a  domestic  violence   shelter).
24             Standards  set  forth  in subparagraph (B) shall not
25             preclude equitable relief.
26                  (B)  Presumption of hardships.   If  petitioner
27             and  respondent each has the right to occupancy of a
28             residence or household, the court shall balance  (i)
29             the  hardships  to respondent and any minor child or
30             dependent adult in respondent's care resulting  from
31             entry  of  this  remedy  with  (ii) the hardships to
32             petitioner and any minor child or dependent adult in
33             petitioner's care resulting from continued  exposure
34             to  the  risk  of abuse (should petitioner remain at
 
                            -32-     LRB093 13001 DRJ 18226 b
 1             the  residence  or  household)  or  from   loss   of
 2             possession  of  the  residence  or household (should
 3             petitioner leave to avoid the risk of abuse).   When
 4             determining  the  balance  of  hardships,  the court
 5             shall also take into account  the  accessibility  of
 6             the  residence  or household.  Hardships need not be
 7             balanced if respondent does  not  have  a  right  to
 8             occupancy.
 9                  The  balance  of hardships is presumed to favor
10             possession by petitioner unless the  presumption  is
11             rebutted by a preponderance of the evidence, showing
12             that   the  hardships  to  respondent  substantially
13             outweigh the hardships to petitioner and  any  minor
14             child  or dependent adult in petitioner's care.  The
15             court, on the request of petitioner or  on  its  own
16             motion,  may  order  respondent to provide suitable,
17             accessible, alternate housing for petitioner instead
18             of excluding respondent from a mutual  residence  or
19             household.
20             (3)  Stay  away  order  and additional prohibitions.
21        Order respondent to stay  away  from  petitioner  or  any
22        other  person  protected  by  the order of protection, or
23        prohibit respondent from entering or remaining present at
24        petitioner's  school,  place  of  employment,  or   other
25        specified  places at times when petitioner is present, or
26        both, if reasonable,  given  the  balance  of  hardships.
27        Hardships  need  not be balanced for the court to enter a
28        stay away order or prohibit entry if  respondent  has  no
29        right to enter the premises.
30             If   an   order   of  protection  grants  petitioner
31        exclusive  possession  of  the  residence,  or  prohibits
32        respondent  from  entering  the  residence,   or   orders
33        respondent   to   stay  away  from  petitioner  or  other
34        protected persons, then the court  may  allow  respondent
 
                            -33-     LRB093 13001 DRJ 18226 b
 1        access  to  the residence to remove items of clothing and
 2        personal  adornment  used  exclusively   by   respondent,
 3        medications,  and  other  items as the court directs. The
 4        right to access shall be exercised on only  one  occasion
 5        as   the   court  directs  and  in  the  presence  of  an
 6        agreed-upon adult third party or law enforcement officer.
 7             (4)  Counseling.    Require   or    recommend    the
 8        respondent to undergo counseling for a specified duration
 9        with    a    social    worker,   psychologist,   clinical
10        psychologist,  psychiatrist,   family   service   agency,
11        alcohol  or substance abuse program, mental health center
12        guidance counselor, agency providing services to  elders,
13        program  designed  for  domestic  violence abusers or any
14        other guidance service the court deems  appropriate.  The
15        court  may  also require or recommend that the petitioner
16        undergo counseling as the court deems appropriate,  based
17        on the evidence.
18             (5)  Physical  care  and  possession  of  the  minor
19        child.   In  order to protect the minor child from abuse,
20        neglect, or unwarranted separation from  the  person  who
21        has  been  the  minor  child's  primary  caretaker, or to
22        otherwise protect the well-being of the minor child,  the
23        court  may  do either or both of the following: (i) grant
24        petitioner physical  care  or  possession  of  the  minor
25        child,  or  both,  or  (ii)  order respondent to return a
26        minor child to, or not remove a  minor  child  from,  the
27        physical care of a parent or person in loco parentis.
28             If  a  court finds, after a hearing, that respondent
29        has committed abuse (as defined in Section 112A-3)  of  a
30        minor child, there shall be a rebuttable presumption that
31        awarding  physical care to respondent would not be in the
32        minor child's best interest.
33             (6)  Temporary legal custody. Award temporary  legal
34        custody  to  petitioner  in accordance with this Section,
 
                            -34-     LRB093 13001 DRJ 18226 b
 1        the Illinois Marriage and Dissolution  of  Marriage  Act,
 2        the  Illinois  Parentage  Act  of  1984, and this State's
 3        Uniform Child-Custody Jurisdiction and Enforcement Act.
 4             If a court finds, after a hearing,  that  respondent
 5        has  committed  abuse (as defined in Section 112A-3) of a
 6        minor child, there shall be a rebuttable presumption that
 7        awarding temporary legal custody to respondent would  not
 8        be in the child's best interest.
 9             (7)  Visitation.   Determine  the visitation rights,
10        if any, of respondent in any  case  in  which  the  court
11        awards  physical  care  or  temporary  legal custody of a
12        minor child to petitioner.  The court shall  restrict  or
13        deny  respondent's  visitation  with a minor child if the
14        court finds that respondent has done or is likely  to  do
15        any  of  the  following:  (i) abuse or endanger the minor
16        child during visitation; (ii) use the  visitation  as  an
17        opportunity to abuse or harass petitioner or petitioner's
18        family  or household members; (iii) improperly conceal or
19        detain the minor child; or (iv) otherwise act in a manner
20        that is not in the best interests  of  the  minor  child.
21        The court shall not be limited by the standards set forth
22        in Section 607.1 of the Illinois Marriage and Dissolution
23        of  Marriage  Act.   If  the court grants visitation, the
24        order shall specify dates and times for the visitation to
25        take place or other  specific  parameters  or  conditions
26        that  are  appropriate.   No  order  for visitation shall
27        refer merely to the term "reasonable visitation".
28             Petitioner may deny respondent access to  the  minor
29        child   if,   when  respondent  arrives  for  visitation,
30        respondent is under the influence of drugs or alcohol and
31        constitutes a threat to  the  safety  and  well-being  of
32        petitioner  or petitioner's minor children or is behaving
33        in a violent or abusive manner.
34             If necessary to protect any member  of  petitioner's
 
                            -35-     LRB093 13001 DRJ 18226 b
 1        family  or  household from future abuse, respondent shall
 2        be prohibited from coming to  petitioner's  residence  to
 3        meet  the  minor  child  for  visitation, and the parties
 4        shall submit  to  the  court  their  recommendations  for
 5        reasonable  alternative  arrangements  for visitation.  A
 6        person may be approved to supervise visitation only after
 7        filing an affidavit  accepting  that  responsibility  and
 8        acknowledging accountability to the court.
 9             (8)  Removal   or   concealment   of   minor  child.
10        Prohibit respondent from removing a minor child from  the
11        State or concealing the child within the State.
12             (9)  Order  to  appear.   Order  the  respondent  to
13        appear  in court, alone or with a minor child, to prevent
14        abuse, neglect, removal or concealment of the  child,  to
15        return the child to the custody or care of the petitioner
16        or  to  permit any court-ordered interview or examination
17        of the child or the respondent.
18             (10)  Possession  of   personal   property.    Grant
19        petitioner exclusive possession of personal property and,
20        if   respondent   has   possession   or  control,  direct
21        respondent to promptly make it available  to  petitioner,
22        if:
23                  (i)  petitioner,  but  not respondent, owns the
24             property; or
25                  (ii)  the parties  own  the  property  jointly;
26             sharing   it  would  risk  abuse  of  petitioner  by
27             respondent or is impracticable; and the  balance  of
28             hardships favors temporary possession by petitioner.
29             If  petitioner's  sole  claim  to  ownership  of the
30        property is that it is marital property,  the  court  may
31        award  petitioner  temporary possession thereof under the
32        standards of subparagraph (ii) of this paragraph only  if
33        a  proper  proceeding  has  been filed under the Illinois
34        Marriage and Dissolution  of  Marriage  Act,  as  now  or
 
                            -36-     LRB093 13001 DRJ 18226 b
 1        hereafter amended.
 2             No  order under this provision shall affect title to
 3        property.
 4             (11)  Protection of property.  Forbid the respondent
 5        from  taking,  transferring,   encumbering,   concealing,
 6        damaging  or  otherwise disposing of any real or personal
 7        property, except as explicitly authorized by  the  court,
 8        if:
 9                  (i)  petitioner,  but  not respondent, owns the
10             property; or
11                  (ii)  the parties own the property jointly, and
12             the  balance  of  hardships  favors  granting   this
13             remedy.
14             If  petitioner's  sole  claim  to  ownership  of the
15        property is that it is marital property,  the  court  may
16        grant  petitioner  relief under subparagraph (ii) of this
17        paragraph only if a  proper  proceeding  has  been  filed
18        under  the  Illinois Marriage and Dissolution of Marriage
19        Act, as now or hereafter amended.
20             The  court  may  further  prohibit  respondent  from
21        improperly using the financial or other resources  of  an
22        aged  member of the family or household for the profit or
23        advantage of respondent or of any other person.
24             (12)  Order   for   payment   of   support.    Order
25        respondent to pay temporary support for the petitioner or
26        any child in the petitioner's care or custody,  when  the
27        respondent has a legal obligation to support that person,
28        in  accordance with the Illinois Marriage and Dissolution
29        of Marriage Act, which shall govern, among other matters,
30        the amount of support,  payment  through  the  clerk  and
31        withholding  of  income  to secure payment.  An order for
32        child support may be granted to a petitioner with  lawful
33        physical  care  or  custody  of  a  child, or an order or
34        agreement for physical care or custody, prior to entry of
 
                            -37-     LRB093 13001 DRJ 18226 b
 1        an order for legal custody.  Such a support  order  shall
 2        expire upon entry of a valid order granting legal custody
 3        to  another,  unless  otherwise  provided  in the custody
 4        order.
 5             (13)  Order for payment of losses. Order  respondent
 6        to  pay petitioner for losses suffered as a direct result
 7        of the abuse.  Such losses  shall  include,  but  not  be
 8        limited  to,  medical  expenses,  lost  earnings or other
 9        support, repair or replacement  of  property  damaged  or
10        taken, reasonable attorney's fees, court costs and moving
11        or other travel expenses, including additional reasonable
12        expenses for temporary shelter and restaurant meals.
13                  (i)  Losses affecting family needs.  If a party
14             is  entitled  to  seek maintenance, child support or
15             property distribution from the other party under the
16             Illinois Marriage and Dissolution of  Marriage  Act,
17             as  now  or  hereafter  amended, the court may order
18             respondent to reimburse petitioner's actual  losses,
19             to  the  extent  that  such  reimbursement  would be
20             "appropriate temporary  relief",  as  authorized  by
21             subsection (a)(3) of Section 501 of that Act.
22                  (ii)  Recovery  of expenses.  In the case of an
23             improper concealment or removal of  a  minor  child,
24             the court may order respondent to pay the reasonable
25             expenses  incurred  or  to be incurred in the search
26             for and recovery of the minor child,  including  but
27             not  limited  to  legal  fees,  court costs, private
28             investigator fees, and travel costs.
29             (14)  Prohibition of entry.  Prohibit the respondent
30        from entering or remaining in the residence or  household
31        while the respondent is under the influence of alcohol or
32        drugs   and  constitutes  a  threat  to  the  safety  and
33        well-being  of  the  petitioner   or   the   petitioner's
34        children.
 
                            -38-     LRB093 13001 DRJ 18226 b
 1             (14.5)  Prohibition of firearm possession.  (a) When
 2        a  complaint  is  made  under  a  request for an order of
 3        protection, that the  respondent  has  threatened  or  is
 4        likely  to use firearms illegally against the petitioner,
 5        and the respondent is present in court, or has failed  to
 6        appear  after  receiving  actual  notice, the court shall
 7        examine on oath the petitioner, and any witnesses who may
 8        be produced.  If the court is satisfied that there is any
 9        danger of the illegal use of firearms, it  shall  include
10        in  the  order  of  protection  the  requirement that any
11        firearms in the possession of the respondent,  except  as
12        provided  in subsection (b),  be turned over to the local
13        law  enforcement  agency   for   safekeeping.    If   the
14        respondent  fails  to  appear,  or  refuses  or  fails to
15        surrender his or her firearms, the court  shall  issue  a
16        warrant  for  seizure of any firearm in the possession of
17        the respondent. The period of safekeeping shall be for  a
18        stated period of time not to exceed 2 years.  The firearm
19        or  firearms  shall  be returned to the respondent at the
20        end of the stated period or at expiration of the order of
21        protection, whichever is sooner. (b) If the respondent is
22        a peace  officer  as  defined  in  Section  2-13  of  the
23        Criminal  Code  of  1961,  the court shall order that any
24        firearms used by the respondent in the performance of his
25        or her duties as a peace officer be  surrendered  to  the
26        chief  law  enforcement  executive of the agency in which
27        the respondent is employed, who shall retain the firearms
28        for safekeeping for the stated period  not  to  exceed  2
29        years as set forth in the court order.
30             (15)  Prohibition of access to records.  If an order
31        of  protection  prohibits  respondent from having contact
32        with the minor  child,  or  if  petitioner's  address  is
33        omitted  under  subsection  (b)  of Section 112A-5, or if
34        necessary  to  prevent  abuse  or  wrongful  removal   or
 
                            -39-     LRB093 13001 DRJ 18226 b
 1        concealment  of  a  minor  child,  the  order  shall deny
 2        respondent  access  to,  and  prohibit  respondent   from
 3        inspecting,   obtaining,  or  attempting  to  inspect  or
 4        obtain, school or any other records of  the  minor  child
 5        who is in the care of petitioner.
 6             (16)  Order  for payment of shelter services.  Order
 7        respondent to reimburse  a  shelter  providing  temporary
 8        housing and counseling services to the petitioner for the
 9        cost  of  the  services,  as certified by the shelter and
10        deemed reasonable by the court.
11             (17)  Order for injunctive relief.  Enter injunctive
12        relief necessary or appropriate to prevent further  abuse
13        of  a  family or household member or to effectuate one of
14        the granted remedies, if  supported  by  the  balance  of
15        hardships.  If the harm to be prevented by the injunction
16        is  abuse  or  any  other  harm  that one of the remedies
17        listed in paragraphs (1) through (16) of this  subsection
18        is  designed to prevent, no further evidence is necessary
19        to establish that the harm is an irreparable injury.
20        (c)  Relevant factors; findings.
21             (1)  In determining  whether  to  grant  a  specific
22        remedy,  other  than  payment of support, the court shall
23        consider relevant factors, including but not  limited  to
24        the following:
25                  (i)  the  nature,  frequency, severity, pattern
26             and consequences of the respondent's past  abuse  of
27             the  petitioner  or  any family or household member,
28             including the concealment of his or her location  in
29             order to evade service of process or notice, and the
30             likelihood  of  danger of future abuse to petitioner
31             or any member of petitioner's or respondent's family
32             or household; and
33                  (ii)  the danger that any minor child  will  be
34             abused  or  neglected or improperly removed from the
 
                            -40-     LRB093 13001 DRJ 18226 b
 1             jurisdiction, improperly concealed within the  State
 2             or  improperly  separated  from  the child's primary
 3             caretaker.
 4             (2)  In comparing relative  hardships  resulting  to
 5        the  parties  from loss of possession of the family home,
 6        the court shall consider relevant factors, including  but
 7        not limited to the following:
 8                  (i)  availability, accessibility, cost, safety,
 9             adequacy,  location  and  other  characteristics  of
10             alternate housing for each party and any minor child
11             or dependent adult in the party's care;
12                  (ii)  the effect on the party's employment; and
13                  (iii)  the  effect  on  the relationship of the
14             party, and any minor child or dependent adult in the
15             party's  care,  to  family,   school,   church   and
16             community.
17             (3)  Subject   to   the   exceptions  set  forth  in
18        paragraph (4) of this subsection, the  court  shall  make
19        its  findings  in  an  official record or in writing, and
20        shall at a minimum set forth the following:
21                  (i)  That  the   court   has   considered   the
22             applicable  relevant factors described in paragraphs
23             (1) and (2) of this subsection.
24                  (ii)  Whether  the  conduct   or   actions   of
25             respondent,  unless  prohibited,  will  likely cause
26             irreparable harm or continued abuse.
27                  (iii)  Whether it is  necessary  to  grant  the
28             requested  relief  in order to protect petitioner or
29             other alleged abused persons.
30             (4)  For purposes of issuing an ex  parte  emergency
31        order  of  protection, the court, as an alternative to or
32        as a supplement  to  making  the  findings  described  in
33        paragraphs   (c)(3)(i)   through   (c)(3)(iii)   of  this
34        subsection, may use the following procedure:
 
                            -41-     LRB093 13001 DRJ 18226 b
 1             When a verified petition for an emergency  order  of
 2        protection   in   accordance  with  the  requirements  of
 3        Sections 112A-5 and 112A-17 is presented  to  the  court,
 4        the   court   shall   examine   petitioner   on  oath  or
 5        affirmation.  An emergency order of protection  shall  be
 6        issued  by  the  court if it appears from the contents of
 7        the petition and the examination of petitioner  that  the
 8        averments  are sufficient to indicate abuse by respondent
 9        and to support the granting of relief under the  issuance
10        of the emergency order of protection.
11             (5)  Never    married   parties.    No   rights   or
12        responsibilities  for  a  minor  child  born  outside  of
13        marriage attach to a putative father until a  father  and
14        child   relationship   has  been  established  under  the
15        Illinois  Parentage  Act  of  1984.    Absent   such   an
16        adjudication,   no   putative  father  shall  be  granted
17        temporary custody of the minor child, visitation with the
18        minor child, or physical care and possession of the minor
19        child, nor shall an order of payment for support  of  the
20        minor child be entered.
21        (d)  Balance  of hardships; findings.  If the court finds
22    that the balance of hardships does not support  the  granting
23    of  a  remedy  governed by paragraph (2), (3), (10), (11), or
24    (16) of subsection (b) of this  Section,  which  may  require
25    such  balancing,  the  court's findings shall so indicate and
26    shall include a finding as to  whether  granting  the  remedy
27    will   result   in   hardship   to   respondent   that  would
28    substantially outweigh the hardship to petitioner from denial
29    of the remedy.  The findings shall be an official  record  or
30    in writing.
31        (e)  Denial  of remedies.  Denial of any remedy shall not
32    be based, in whole or in part, on evidence that:
33             (1)  Respondent has cause  for  any  use  of  force,
34        unless that cause satisfies the standards for justifiable
 
                            -42-     LRB093 13001 DRJ 18226 b
 1        use of force provided by Article VII of the Criminal Code
 2        of 1961;
 3             (2)  Respondent was voluntarily intoxicated;
 4             (3)  Petitioner  acted in self-defense or defense of
 5        another, provided that,  if  petitioner  utilized  force,
 6        such  force  was  justifiable  under  Article  VII of the
 7        Criminal Code of 1961;
 8             (4)  Petitioner  did  not  act  in  self-defense  or
 9        defense of another;
10             (5)  Petitioner left the residence or  household  to
11        avoid further abuse by respondent;
12             (6)  Petitioner  did  not  leave  the  residence  or
13        household to avoid further abuse by respondent;
14             (7)  Conduct  by  any  family  or  household  member
15        excused the abuse by respondent, unless that same conduct
16        would have excused such abuse if the parties had not been
17        family or household members.
18    (Source: P.A. 93-108, eff. 1-1-04.)

19        Section  25.  The  Illinois  Marriage  and Dissolution of
20    Marriage Act is  amended  by  adding  Sections  307,  404.05,
21    411.5,  and  452.5  and  by  changing Sections 510 and 606 as
22    follows:

23        (750 ILCS 5/307 new)
24        Sec. 307. Trial by jury. In accordance with the  Code  of
25    Civil  Procedure,  a  party to an action for a declaration of
26    invalidity of marriage may demand a trial by jury as  to  the
27    issues of fact raised in the action.

28        (750 ILCS 5/404.05 new)
29        Sec.   404.05.  Counseling.  Whether  or  not  the  court
30    concludes that there is a  prospect  of  reconciliation,  the
31    court may order the petitioner, the respondent, or a child of
 
                            -43-     LRB093 13001 DRJ 18226 b
 1    the   parties  to  undergo  counseling  as  the  court  deems
 2    appropriate, based on the evidence.

 3        (750 ILCS 5/411.5 new)
 4        Sec. 411.5. Trial by jury. In accordance with the Code of
 5    Civil Procedure, a party to  an  action  for  dissolution  of
 6    marriage  or  for legal separation may demand a trial by jury
 7    as to the issues of fact raised in the action.  This  Section
 8    does  not  apply,  however, to an action in which the parties
 9    have filed a petition for simplified dissolution  under  Part
10    IV-A.

11        (750 ILCS 5/452.5 new)
12        Sec.  452.5.  No  trial  by  jury. There is no right to a
13    trial by jury in an action in which the parties have filed  a
14    petition for simplified dissolution under this Part IV-A.

15        (750 ILCS 5/510) (from Ch. 40, par. 510)
16        Sec. 510.  Modification and termination of provisions for
17    maintenance,  support,  educational  expenses,  and  property
18    disposition.
19        (a)  Except  as  otherwise  provided  in paragraph (f) of
20    Section 502 and in subsection  (b),  clause  (3)  of  Section
21    505.2,  the provisions of any judgment respecting maintenance
22    or support may be modified only as to  installments  accruing
23    subsequent to due notice by the moving party of the filing of
24    the  motion  for modification. An order for child support may
25    be modified as follows:
26             (1)  upon a  showing  of  a  substantial  change  in
27        circumstances; and
28             (2)  without  the necessity of showing a substantial
29        change in circumstances, as follows:
30                  (A)  upon a showing of an inconsistency  of  at
31             least  20%,  but no less than $10 per month, between
 
                            -44-     LRB093 13001 DRJ 18226 b
 1             the amount of the existing order and the  amount  of
 2             child  support  that results from application of the
 3             guidelines specified in  Section  505  of  this  Act
 4             unless the inconsistency is due to the fact that the
 5             amount   of  the  existing  order  resulted  from  a
 6             deviation from the guideline amount  and  there  has
 7             not been a change in the circumstances that resulted
 8             in that deviation; or
 9                  (B)  Upon  a  showing  of a need to provide for
10             the health care needs of the child under  the  order
11             through  health  insurance  or  other  means.  In no
12             event  shall  the  eligibility  for  or  receipt  of
13             medical assistance be considered to meet the need to
14             provide for the child's health care needs.
15        The provisions of subparagraph (a)(2)(A) shall apply only
16    in  cases  in  which  a  party  is  receiving  child  support
17    enforcement services from the Illinois Department  of  Public
18    Aid under Article X of the Illinois Public Aid Code, and only
19    when  at  least  36  months  have elapsed since the order for
20    child support was entered or last modified.
21        (a-5)  An  order  for  maintenance  may  be  modified  or
22    terminated only upon a showing of  a  substantial  change  in
23    circumstances.   In  all  such  proceedings,  as  well  as in
24    proceedings in which maintenance is being reviewed, the court
25    shall consider the applicable factors set forth in subsection
26    (a) of Section 504 and the following factors:
27             (1)  any change in the employment status  of  either
28        party and whether the change has been made in good faith;
29             (2)  the   efforts,   if  any,  made  by  the  party
30        receiving maintenance to become self-supporting, and  the
31        reasonableness of the efforts where they are appropriate;
32             (3)  any   impairment  of  the  present  and  future
33        earning capacity of either party;
34             (4)  the  tax  consequences   of   the   maintenance
 
                            -45-     LRB093 13001 DRJ 18226 b
 1        payments  upon  the  respective economic circumstances of
 2        the parties;
 3             (5)  the  duration  of  the   maintenance   payments
 4        previously  paid  (and  remaining to be paid) relative to
 5        the length of the marriage;
 6             (6)  the property,  including  retirement  benefits,
 7        awarded  to  each party under the judgment of dissolution
 8        of marriage, judgment of legal separation, or judgment of
 9        declaration of invalidity of  marriage  and  the  present
10        status of the property;
11             (7)  the increase or decrease in each party's income
12        since  the  prior  judgment or order from which a review,
13        modification, or termination is being sought;
14             (8)  the property acquired and  currently  owned  by
15        each party after the entry of the judgment of dissolution
16        of marriage, judgment of legal separation, or judgment of
17        declaration of invalidity of marriage; and
18             (9)  any other factor that the court expressly finds
19        to be just and equitable.
20        (b)  The provisions as to property disposition may not be
21    revoked  or modified, unless the court finds the existence of
22    conditions that justify the reopening of a judgment under the
23    laws of this State.
24        (c)  Unless otherwise agreed by the parties in a  written
25    agreement  set forth in the judgment or otherwise approved by
26    the court,  the  obligation  to  pay  future  maintenance  is
27    terminated  upon the death of either party, or the remarriage
28    of the party receiving maintenance, or if the party receiving
29    maintenance cohabits  with  another  person  on  a  resident,
30    continuing conjugal basis.
31        (d)  Unless  otherwise provided in this Act, or as agreed
32    in writing or expressly provided in the judgment,  provisions
33    for  the support of a child are terminated by emancipation of
34    the child, or if the child has attained the age of 18 and  is
 
                            -46-     LRB093 13001 DRJ 18226 b
 1    still  attending  high  school, provisions for the support of
 2    the child  are  terminated  upon  the  date  that  the  child
 3    graduates  from high school or the date the child attains the
 4    age of 19, whichever is earlier, but not by the  death  of  a
 5    parent obligated to support or educate the child. An existing
 6    obligation  to  pay  for  support or educational expenses, or
 7    both, is not terminated by the death of  a  parent.   When  a
 8    parent  obligated  to pay support or educational expenses, or
 9    both, dies, the amount of support or educational expenses, or
10    both, may be enforced, modified, revoked  or  commuted  to  a
11    lump   sum   payment,   as   equity  may  require,  and  that
12    determination  may  be  provided  for  at  the  time  of  the
13    dissolution of the marriage or thereafter.
14        (e)  The right to petition  for  support  or  educational
15    expenses,  or  both,  under  Sections  505  and  513  is  not
16    extinguished  by the death of a parent. Upon a petition filed
17    before or after a parent's death, the court may award sums of
18    money out of the decedent's estate for the child's support or
19    educational expenses, or both, as equity  may  require.   The
20    time  within which a claim may be filed against the estate of
21    a decedent under Sections 505 and 513 and subsection (d)  and
22    this  subsection  shall  be governed by the provisions of the
23    Probate Act of 1975, as a barrable, noncontingent claim.
24        (f)  A petition to modify  or  terminate  child  support,
25    custody,  or  visitation  shall  not  delay any child support
26    enforcement litigation or supplementary proceeding on  behalf
27    of the obligee, including, but not limited to, a petition for
28    a  rule  to  show  cause,  for non-wage garnishment, or for a
29    restraining order.
30        (g)  In accordance with the Code of  Civil  Procedure,  a
31    party  to  an  action  to  modify or terminate maintenance or
32    support, including educational expenses, may demand  a  trial
33    by jury as to the issues of fact raised in the action.
34    (Source:  P.A.  92-289,  eff.  8-9-01;  92-590,  eff. 7-1-02;
 
                            -47-     LRB093 13001 DRJ 18226 b
 1    92-651, eff.  7-11-02;  92-876,  eff.  6-1-03;  93-353,  eff.
 2    1-1-04.)

 3        (750 ILCS 5/606) (from Ch. 40, par. 606)
 4        Sec. 606. Hearings.
 5        (a)  Custody  proceedings shall receive priority in being
 6    set for hearing.
 7        (b)  The court may tax as costs the payment of  necessary
 8    travel  and  other  expenses  incurred  by  any  person whose
 9    presence  at  the  hearing  the  court  deems  necessary   to
10    determine the best interest of the child.
11        (c)  The court, without a jury, shall determine questions
12    of  law  and fact, except that in accordance with the Code of
13    Civil Procedure, a party to a custody proceeding may demand a
14    trial by jury  as  to  the  issues  of  fact  raised  in  the
15    proceeding.  If  the court it finds that a public hearing may
16    be detrimental to the child's best interest,  the  court  may
17    exclude  the public from a custody hearing, but may admit any
18    person who has  a  direct  and  legitimate  interest  in  the
19    particular  case  or  a  legitimate  educational  or research
20    interest in the work of the court.
21        (d)  If the court finds it necessary, in order to protect
22    the child's  welfare,  that  the  record  of  any  interview,
23    report,  investigation,  or testimony in a custody proceeding
24    be kept secret, the  court  may  make  an  appropriate  order
25    sealing the record.
26        (e)  Previous  statements  made  by the child relating to
27    any allegations that the child  is  an  abused  or  neglected
28    child  within  the  meaning of the Abused and Neglected Child
29    Reporting Act, or an abused or  neglected  minor  within  the
30    meaning   of  the  Juvenile  Court  Act  of  1987,  shall  be
31    admissible in evidence in a hearing concerning custody of  or
32    visitation  with  the  child.  No such statement, however, if
33    uncorroborated and not subject to cross-examination, shall be
 
                            -48-     LRB093 13001 DRJ 18226 b
 1    sufficient in  itself  to  support  a  finding  of  abuse  or
 2    neglect.
 3    (Source: P.A. 87-1081.)

 4        (750 ILCS 5/103 rep.)
 5        Section  26.  The  Illinois  Marriage  and Dissolution of
 6    Marriage Act is amended by repealing Section 103.

 7        Section 30. The Illinois Uniform Premarital Agreement Act
 8    is amended by adding Sections 8.5 and 8.10 as follows:

 9        (750 ILCS 10/8.5 new)
10        Sec. 8.5. Trial by jury. In accordance with the  Code  of
11    Civil  Procedure,  a party to an action asserting a claim for
12    relief under a premarital agreement may  demand  a  trial  by
13    jury as to the issues of fact raised in the action.

14        (750 ILCS 10/8.10 new)
15        Sec. 8.10. Counseling. In an action asserting a claim for
16    relief  under a premarital agreement, the court may order one
17    or both of the parties to undergo  counseling  as  the  court
18    deems appropriate, based on the evidence.

19        Section  35. The Uniform Interstate Family Support Act is
20    amended by changing Section 301 as follows:

21        (750 ILCS 22/301)
22        (Text of Section before amendment by P.A. 93-479)
23        Sec. 301.  Proceedings under Act.
24        (a)  Except as  otherwise  provided  in  this  Act,  this
25    Article applies to all proceedings under this Act.
26        (b)  This Act provides for the following proceedings:
27             (1)  establishment  of  an order for spousal support
28        or child support pursuant to Article 4;
 
                            -49-     LRB093 13001 DRJ 18226 b
 1             (2)  enforcement   of   a    support    order    and
 2        income-withholding   order   of   another  state  without
 3        registration pursuant to Article 5;
 4             (3)  registration of an order for spousal support or
 5        child support of another state for  enforcement  pursuant
 6        to Article 6;
 7             (4)  modification  of  an order for child support or
 8        spousal support  issued  by  a  tribunal  of  this  State
 9        pursuant to Article 2, Part 2;
10             (5)  registration  of  an order for child support of
11        another state for modification pursuant to Article 6;
12             (6)  determination of parentage pursuant to  Article
13        7; and
14             (7)  assertion  of  jurisdiction  over  nonresidents
15        pursuant to Article 2, Part 1.
16        (c)  An  individual  obligee  or  a  support  enforcement
17    agency may commence a proceeding authorized under this Act by
18    filing a petition in an initiating tribunal for forwarding to
19    a responding tribunal or by filing a petition or a comparable
20    pleading directly in a tribunal of another state which has or
21    can obtain personal jurisdiction over the obligor.
22        (d)  In  accordance  with  the Code of Civil Procedure, a
23    party to a proceeding described in subsection (b) may  demand
24    a  trial  by  jury  as  to  the  issues of fact raised in the
25    proceeding.
26    (Source: P.A. 90-240, eff. 7-28-97.)

27        (Text of Section after  amendment  by  P.A.  93-479;  for
28    operative date see Section 99 of P.A. 93-479)
29        Sec. 301.  Proceedings under Act.
30        (a)  Except  as  otherwise  provided  in  this  Act, this
31    Article applies to all proceedings under this Act.
32        (b)  An  individual  obligee  or  a  support  enforcement
33    agency may initiate a proceeding authorized under this Act by
34    filing a petition in an initiating tribunal for forwarding to
 
                            -50-     LRB093 13001 DRJ 18226 b
 1    a responding tribunal or by filing a petition or a comparable
 2    pleading directly in a tribunal of another state which has or
 3    can obtain personal jurisdiction over the obligor.
 4        (c)  In accordance with the Code of  Civil  Procedure,  a
 5    party  to  a proceeding initiated under this Act may demand a
 6    trial by jury  as  to  the  issues  of  fact  raised  in  the
 7    proceeding.
 8    (Source:  P.A.  93-479,  eff.  1-1-04; for operative date see
 9    Section 99 of P.A. 93-479.)

10        Section 40.  The Income Withholding for  Support  Act  is
11    amended by changing Section 40 as follows:

12        (750 ILCS 28/40)
13        Sec.  40.  Petitions to contest withholding or to modify,
14    suspend, terminate, or correct income withholding notices.
15        (a)  When  an  obligor  files  a  petition   to   contest
16    withholding,  the  court,  after  due  notice to all parties,
17    shall hear the matter as soon as practicable and shall  enter
18    an  order  granting or denying relief, ordering service of an
19    amended  income  withholding  notice,  where  applicable,  or
20    otherwise resolving the matter. In accordance with  the  Code
21    of  Civil  Procedure,  a  party  to  a  proceeding to contest
22    withholding under this subsection may demand a trial by  jury
23    as to the issues of fact raised in the proceeding.
24        The  court shall deny the obligor's petition if the court
25    finds that when the income  withholding  notice  was  mailed,
26    sent  by facsimile transmission or other electronic means, or
27    placed for personal delivery to or service on the payor:
28             (1)  a delinquency existed; or
29             (2)  the parties'  written  agreement  providing  an
30        alternative  arrangement  to  immediate withholding under
31        subsection (a) of Section 20 no longer ensured payment of
32        support.
 
                            -51-     LRB093 13001 DRJ 18226 b
 1        (b)  At any time, an obligor, obligee, public  office  or
 2    Clerk of the Circuit Court may petition the court to:
 3             (1)  modify,   suspend   or   terminate  the  income
 4        withholding notice because of a modification,  suspension
 5        or termination of the underlying order for support; or
 6             (2)  modify  the  amount of income to be withheld to
 7        reflect payment in full or in part of the delinquency  or
 8        arrearage by income withholding or otherwise; or
 9             (3)  suspend  the  income withholding notice because
10        of inability to deliver income withheld  to  the  obligee
11        due to the obligee's failure to provide a mailing address
12        or other means of delivery.
13        (c)  At  any  time  an  obligor may petition the court to
14    correct a term contained in an income withholding  notice  to
15    conform  to  that  stated in the underlying order for support
16    for:
17             (1)  the amount of current support;
18             (2)  the amount of the arrearage;
19             (3)  the  periodic  amount  for   payment   of   the
20        arrearage; or
21             (4)  the   periodic   amount   for  payment  of  the
22        delinquency.
23        (d)  The obligor, obligee or public office shall serve on
24    the payor, in the  manner  provided  for  service  of  income
25    withholding  notices  in subsection (g) of Section 20, a copy
26    of any order entered pursuant to this  Section  that  affects
27    the duties of the payor.
28        (e)  At any time, a public office or Clerk of the Circuit
29    Court may serve a notice on the payor to:
30             (1)  cease  withholding  of  income  for  payment of
31        current support for a child when the  support  obligation
32        for  that  child has automatically ceased under the order
33        for support through emancipation or otherwise; or
34             (2)  cease withholding  of  income  for  payment  of
 
                            -52-     LRB093 13001 DRJ 18226 b
 1        delinquency   or   arrearage   when  the  delinquency  or
 2        arrearage has been paid in full.
 3        (f)  The notice provided for under subsection (e) of this
 4    Section shall be served on the payor in the  manner  provided
 5    for  service  of income withholding notices in subsection (g)
 6    of Section 20, and a copy shall be provided  to  the  obligor
 7    and the obligee.
 8        (g)  The  income  withholding notice shall continue to be
 9    binding upon the payor until service  of  an  amended  income
10    withholding  notice  or  any  order  of  the  court or notice
11    entered or provided for under this Section.
12    (Source: P.A. 90-673, eff. 1-1-99.)

13        Section 45. The Emancipation of Minors Act is amended  by
14    adding Section 7.5 and changing Section 9 as follows:

15        (750 ILCS 30/7.5 new)
16        Sec.  7.5.  Trial by jury. In accordance with the Code of
17    Civil Procedure, a party to  a  proceeding  for  emancipation
18    under this Act may demand a trial by jury as to the issues of
19    fact raised in the proceeding.

20        (750 ILCS 30/9) (from Ch. 40, par. 2209)
21        Sec. 9. Hearing on petition.
22        (a)  Mature minor.  Before proceeding to a hearing on the
23    petition  for  emancipation of a mature minor the court shall
24    advise all persons present of the nature of the  proceedings,
25    and   their  rights  and  responsibilities  if  an  order  of
26    emancipation should be entered.
27        If, after the hearing,  the  court  determines  that  the
28    minor  is  a  mature  minor  who is of sound mind and has the
29    capacity and maturity to manage his own affairs including his
30    finances, and that the best interests of the  minor  and  his
31    family will be promoted by declaring the minor an emancipated
 
                            -53-     LRB093 13001 DRJ 18226 b
 1    minor,  the  court shall enter a finding that the minor is an
 2    emancipated minor within the meaning of this Act, or that the
 3    mature minor is partially emancipated with  such  limitations
 4    as  the  court by order deems appropriate. The court may also
 5    order that the emancipated or partially emancipated minor  or
 6    the  minor's parent or parents or guardian undergo counseling
 7    as the court deems appropriate, based  on  the  evidence.  No
 8    order  of  complete  or  partial  emancipation may be entered
 9    under this Act if there is any objection by  the  minor,  his
10    parents or guardian.
11        (b)  Homeless  minor.   Upon  the  verified petition of a
12    homeless minor, the court  shall  immediately  grant  partial
13    emancipation  for  the  sole purpose of allowing the homeless
14    minor to consent to the receipt of services  and  shelter  or
15    housing  provided  by  the youth transitional housing program
16    named in the petition and to other services  that  the  youth
17    transitional  housing  program  may arrange by referral.  The
18    court may require that a youth transitional  housing  program
19    employee appear before the court at the time of the filing of
20    the  petition  and may inquire into the facts asserted in the
21    petition.  No other hearing shall be scheduled in the case of
22    a petition affecting a homeless minor, unless, after  notice,
23    a  parent  or  guardian  requests  such a hearing.  If such a
24    hearing is requested, then the homeless minor must be present
25    at the hearing.  After the granting of  partial  emancipation
26    to  a  homeless  youth,  if  the  youth  transitional housing
27    program determines that its  facility  and  services  are  no
28    longer  appropriate  for the minor or that another program is
29    more appropriate for the minor, the program shall notify  the
30    court  and  the court, after a hearing, may modify its order.
31    At any hearing under this subsection (b), the court may  also
32    order  that  the  minor  or  the minor's parent or parents or
33    guardian undergo counseling as the court  deems  appropriate,
34    based on the evidence.
 
                            -54-     LRB093 13001 DRJ 18226 b
 1    (Source: P.A. 93-105, eff. 7-8-03.)

 2        Section  50.   The  Illinois  Parentage  Act  of  1984 is
 3    amended by changing Sections 13 and 14 as follows:

 4        (750 ILCS 45/13) (from Ch. 40, par. 2513)
 5        Sec. 13.  Civil Action.
 6        (a)  An action under this Act is a civil action  governed
 7    by  the provisions of the "Code of Civil Procedure", approved
 8    August 19, 1981, as amended,  and  the  Supreme  Court  rules
 9    applicable  thereto, except where otherwise specified in this
10    Act.
11        (b)  In accordance with the Code of  Civil  Procedure,  a
12    party  to an action under this Act may demand a trial by jury
13    as to the issues of fact raised in the action. Trial by  jury
14    is not available under this Act.
15        (c)  Certified copies of the bills for costs incurred for
16    pregnancy  and  childbirth shall be admitted into evidence at
17    judicial or  administrative  proceedings  without  foundation
18    testimony or other proof of authenticity or accuracy.
19    (Source: P.A. 90-18, eff. 7-1-97.)

20        (750 ILCS 45/14) (from Ch. 40, par. 2514)
21        Sec. 14.  Judgment.
22        (a) (1)  The judgment shall contain or explicitly reserve
23    provisions  concerning  any  duty and amount of child support
24    and  may  contain  provisions  concerning  the  custody   and
25    guardianship  of  the  child,  visitation privileges with the
26    child, the furnishing of  bond  or  other  security  for  the
27    payment  of  the judgment, which the court shall determine in
28    accordance  with  the  relevant  factors  set  forth  in  the
29    Illinois Marriage and Dissolution of  Marriage  Act  and  any
30    other  applicable  law  of  Illinois, to guide the court in a
31    finding in the best interests of the  child.  In  determining
 
                            -55-     LRB093 13001 DRJ 18226 b
 1    custody,  joint  custody,  removal,  or visitation, the court
 2    shall apply the relevant standards of the  Illinois  Marriage
 3    and  Dissolution  of  Marriage  Act,  including  Section 609.
 4    Specifically, in determining the amount of any child  support
 5    award,  the  court shall use the guidelines and standards set
 6    forth in subsection (a) of Section 505 and in  Section  505.2
 7    of  the  Illinois  Marriage  and Dissolution of Marriage Act.
 8    For purposes of Section 505  of  the  Illinois  Marriage  and
 9    Dissolution   of   Marriage   Act,   "net   income"   of  the
10    non-custodial parent shall include any benefits available  to
11    that  person under the Illinois Public Aid Code or from other
12    federal, State  or  local  government-funded  programs.   The
13    court shall, in any event and regardless of the amount of the
14    non-custodial  parent's net income, in its judgment order the
15    non-custodial parent to pay child support  to  the  custodial
16    parent in a minimum amount of not less than $10 per month. In
17    an  action  brought within 2 years after a child's birth, the
18    judgment or  order  may  direct  either  parent  to  pay  the
19    reasonable  expenses incurred by either parent related to the
20    mother's  pregnancy  and  the  delivery  of  the  child.  The
21    judgment or order shall contain the father's social  security
22    number,  which  the  father  shall  disclose  to  the  court;
23    however,  failure  to  include  the  father's social security
24    number on the judgment  or  order  does  not  invalidate  the
25    judgment or order.
26        (2)  If  a  judgment  of  parentage  contains no explicit
27    award of custody, the establishment of a  support  obligation
28    or  of  visitation rights in one parent shall be considered a
29    judgment granting custody  to  the  other  parent.    If  the
30    parentage judgment contains no such provisions, custody shall
31    be  presumed  to be with the mother; however, the presumption
32    shall not apply if the father has had physical custody for at
33    least 6 months prior to the date that  the  mother  seeks  to
34    enforce custodial rights.
 
                            -56-     LRB093 13001 DRJ 18226 b
 1        (3)  The  court  may  also  order  that  the child or the
 2    child's parent or parents undergo  counseling  as  the  court
 3    deems appropriate, based on the evidence.
 4        (b)  The  court  shall  order all child support payments,
 5    determined in accordance with such  guidelines,  to  commence
 6    with  the  date  summons  is  served.   The  level of current
 7    periodic support payments shall not  be  reduced  because  of
 8    payments set for the period prior to the date of entry of the
 9    support  order.   The  Court  may  order  any  child  support
10    payments to be made for a period prior to the commencement of
11    the  action.  In  determining whether and the extent to which
12    the payments shall be made for any prior  period,  the  court
13    shall  consider all relevant facts, including the factors for
14    determining the amount of support specified in  the  Illinois
15    Marriage  and Dissolution of Marriage Act and other equitable
16    factors including but not limited to:
17             (1)  The father's prior knowledge of  the  fact  and
18        circumstances of the child's birth.
19             (2)  The  father's  prior  willingness or refusal to
20        help raise or support the child.
21             (3)  The extent to which the mother  or  the  public
22        agency bringing the action previously informed the father
23        of  the child's needs or attempted to seek or require his
24        help in raising or supporting the child.
25             (4)  The reasons the mother or the public agency did
26        not file the action earlier.
27             (5)  The  extent  to  which  the  father  would   be
28        prejudiced by the delay in bringing the action.
29        For  purposes  of determining the amount of child support
30    to be paid for any period  before  the  date  the  order  for
31    current  child  support  is  entered,  there  is a rebuttable
32    presumption that the father's net income for the prior period
33    was the same as his net income at  the  time  the  order  for
34    current child support is entered.
 
                            -57-     LRB093 13001 DRJ 18226 b
 1        If  (i) the non-custodial parent was properly served with
 2    a request for discovery of financial information relating  to
 3    the  non-custodial parent's ability to provide child support,
 4    (ii) the non-custodial  parent  failed  to  comply  with  the
 5    request,  despite  having been ordered to do so by the court,
 6    and (iii) the non-custodial parent  is  not  present  at  the
 7    hearing  to  determine support despite having received proper
 8    notice, then any relevant  financial  information  concerning
 9    the  non-custodial  parent's ability to provide child support
10    that was obtained pursuant  to  subpoena  and  proper  notice
11    shall be admitted into evidence without the need to establish
12    any further foundation for its admission.
13        (c)  Any  new  or  existing  support order entered by the
14    court under this Section shall be deemed to be  a  series  of
15    judgments   against  the  person  obligated  to  pay  support
16    thereunder, each judgment to be in the amount of each payment
17    or installment of support and each such judgment to be deemed
18    entered  as  of  the  date  the  corresponding   payment   or
19    installment becomes due under the terms of the support order.
20    Each   judgment   shall  have  the  full  force,  effect  and
21    attributes of any other judgment of this State, including the
22    ability to be enforced. A lien arises  by  operation  of  law
23    against  the  real  and personal property of the noncustodial
24    parent for each installment of overdue support  owed  by  the
25    noncustodial parent.
26        (d)  If the judgment or order of the court is at variance
27    with  the  child's  birth  certificate, the court shall order
28    that a new  birth  certificate  be  issued  under  the  Vital
29    Records Act.
30        (e)  On  request  of the mother and the father, the court
31    shall order a change  in  the  child's  name.  After  hearing
32    evidence  the  court  may  stay payment of support during the
33    period of the father's minority or period of disability.
34        (f)  If, upon a showing of  proper  service,  the  father
 
                            -58-     LRB093 13001 DRJ 18226 b
 1    fails  to appear in court, or otherwise appear as provided by
 2    law, the court may proceed to hear the cause  upon  testimony
 3    of  the mother or other parties taken in open court and shall
 4    enter a judgment by default.  The court may reserve any order
 5    as to the amount  of  child  support  until  the  father  has
 6    received notice, by regular mail, of a hearing on the matter.
 7        (g)  A  one-time  charge  of  20%  is  imposable upon the
 8    amount of past-due child support owed on July 1,  1988  which
 9    has  accrued under a support order entered by the court.  The
10    charge shall be imposed in accordance with the provisions  of
11    Section  10-21  of  the Illinois Public Aid Code and shall be
12    enforced by the court upon petition.
13        (h)  All orders for support, when  entered  or  modified,
14    shall  include a provision requiring the non-custodial parent
15    to notify the court and, in cases in which party is receiving
16    child support enforcement services under  Article  X  of  the
17    Illinois  Public  Aid Code, the Illinois Department of Public
18    Aid, within 7 days, (i) of the name and address  of  any  new
19    employer  of  the  non-custodial  parent,  (ii)  whether  the
20    non-custodial  parent has access to health insurance coverage
21    through the employer or other group coverage and, if so,  the
22    policy name and number and the names of persons covered under
23    the  policy,  and  (iii)  of  any  new residential or mailing
24    address or telephone number of the non-custodial parent.   In
25    any  subsequent  action  to  enforce  a support order, upon a
26    sufficient showing that a diligent effort has  been  made  to
27    ascertain  the  location of the non-custodial parent, service
28    of process or provision of notice necessary in the  case  may
29    be made at the last known address of the non-custodial parent
30    in  any  manner  expressly  provided  by  the  Code  of Civil
31    Procedure or this Act, which service shall be sufficient  for
32    purposes of due process.
33        (i)  An  order  for support shall include a date on which
34    the current support obligation terminates.   The  termination
 
                            -59-     LRB093 13001 DRJ 18226 b
 1    date  shall  be  no  earlier than the date on which the child
 2    covered by the order will attain the age of 18.  However,  if
 3    the  child  will  not  graduate  from high school until after
 4    attaining the age of 18, then the termination date  shall  be
 5    no  earlier than the earlier of the date on which the child's
 6    high school graduation will occur or the date  on  which  the
 7    child  will attain the age of 19. The order for support shall
 8    state that  the  termination  date  does  not  apply  to  any
 9    arrearage  that  may  remain unpaid on that date.  Nothing in
10    this subsection shall be construed to prevent the court  from
11    modifying the order or terminating the order in the event the
12    child is otherwise emancipated.
13        (j)  An  order entered under this Section shall include a
14    provision requiring the obligor to report to the obligee  and
15    to  the  clerk  of court within 10 days each time the obligor
16    obtains  new  employment,  and  each   time   the   obligor's
17    employment is terminated for any reason.  The report shall be
18    in  writing and shall, in the case of new employment, include
19    the name and address of the new employer.  Failure to  report
20    new  employment  or the termination of current employment, if
21    coupled with nonpayment of support for a period in excess  of
22    60  days,  is  indirect  criminal  contempt.  For any obligor
23    arrested for failure to report new employment bond  shall  be
24    set  in the amount of the child support that should have been
25    paid during the period of unreported  employment.   An  order
26    entered  under  this  Section  shall also include a provision
27    requiring the obligor and  obligee  parents  to  advise  each
28    other  of  a  change in residence within 5 days of the change
29    except when the court finds that  the  physical,  mental,  or
30    emotional  health  of  a  party  or that of a minor child, or
31    both, would be seriously  endangered  by  disclosure  of  the
32    party's address.
33    (Source:  P.A.  92-590,  eff.  7-1-02;  92-876,  eff. 6-1-03;
34    93-139, eff. 7-10-03; revised 9-15-03.)
 
                            -60-     LRB093 13001 DRJ 18226 b
 1        Section 55. The Adoption Act is amended by adding Section
 2    5.5 as follows:

 3        (750 ILCS 50/5.5 new)
 4        Sec. 5.5. Trial by jury. In accordance with the  Code  of
 5    Civil  Procedure,  a party to a proceeding for adoption under
 6    this Act may demand a trial by jury as to the issues of  fact
 7    raised in the proceeding.

 8        Section 60. The Illinois Domestic Violence Act of 1986 is
 9    amended by changing Sections 206 and 214 as follows:

10        (750 ILCS 60/206) (from Ch. 40, par. 2312-6)
11        Sec.  206.  Trial by jury. In accordance with the Code of
12    Civil Procedure, the petitioner or the respondent may  demand
13    a  There  shall be no right to trial by jury of the issues of
14    fact in any proceeding to obtain, modify, vacate or extend an
15    any order of protection under this Act. However,  Nothing  in
16    this  Section  shall deny any existing right to trial by jury
17    in a criminal proceeding.
18    (Source: P.A. 87-1186.)

19        (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
20        Sec. 214.  Order of protection; remedies.
21        (a)  Issuance  of  order.   If  the  court   finds   that
22    petitioner has been abused by a family or household member or
23    that  petitioner  is  a  high-risk adult who has been abused,
24    neglected, or exploited, as defined in this Act, an order  of
25    protection  prohibiting  the  abuse, neglect, or exploitation
26    shall issue; provided that petitioner must also  satisfy  the
27    requirements   of   one   of   the   following  Sections,  as
28    appropriate: Section 217 on emergency orders, Section 218  on
29    interim orders, or Section 219 on plenary orders.  Petitioner
30    shall not be denied an order of protection because petitioner
 
                            -61-     LRB093 13001 DRJ 18226 b
 1    or respondent is a minor. The court, when determining whether
 2    or  not  to  issue  an order of protection, shall not require
 3    physical manifestations of abuse on the person of the victim.
 4    Modification and extension  of  prior  orders  of  protection
 5    shall be in accordance with this Act.
 6        (b)  Remedies and standards.  The remedies to be included
 7    in  an  order of protection shall be determined in accordance
 8    with this Section and  one  of  the  following  Sections,  as
 9    appropriate:  Section 217 on emergency orders, Section 218 on
10    interim orders, and  Section  219  on  plenary  orders.   The
11    remedies  listed  in  this subsection shall be in addition to
12    other civil or criminal remedies available to petitioner.
13             (1)  Prohibition of abuse, neglect, or exploitation.
14        Prohibit  respondent's  harassment,   interference   with
15        personal  liberty,  intimidation of a dependent, physical
16        abuse, or willful deprivation, neglect  or  exploitation,
17        as defined in this Act, or stalking of the petitioner, as
18        defined  in  Section 12-7.3 of the Criminal Code of 1961,
19        if such abuse, neglect,  exploitation,  or  stalking  has
20        occurred  or  otherwise  appears  likely  to occur if not
21        prohibited.
22             (2)  Grant of  exclusive  possession  of  residence.
23        Prohibit  respondent  from  entering  or remaining in any
24        residence or household of the petitioner,  including  one
25        owned  or leased by respondent, if petitioner has a right
26        to occupancy thereof. The grant of  exclusive  possession
27        of the residence shall not affect title to real property,
28        nor  shall the court be limited by the standard set forth
29        in Section 701 of the Illinois Marriage  and  Dissolution
30        of Marriage Act.
31                  (A)  Right  to  occupancy.  A party has a right
32             to occupancy of a residence or household  if  it  is
33             solely  or  jointly  owned  or leased by that party,
34             that party's spouse, a person with a legal  duty  to
 
                            -62-     LRB093 13001 DRJ 18226 b
 1             support  that party or a minor child in that party's
 2             care, or by any person  or  entity  other  than  the
 3             opposing   party   that   authorizes   that  party's
 4             occupancy  (e.g.,  a  domestic  violence   shelter).
 5             Standards  set  forth  in subparagraph (B) shall not
 6             preclude equitable relief.
 7                  (B)  Presumption of hardships.   If  petitioner
 8             and  respondent each has the right to occupancy of a
 9             residence or household, the court shall balance  (i)
10             the  hardships  to respondent and any minor child or
11             dependent adult in respondent's care resulting  from
12             entry  of  this  remedy  with  (ii) the hardships to
13             petitioner and any minor child or dependent adult in
14             petitioner's care resulting from continued  exposure
15             to  the  risk  of abuse (should petitioner remain at
16             the  residence  or  household)  or  from   loss   of
17             possession  of  the  residence  or household (should
18             petitioner leave to avoid the risk of abuse).   When
19             determining  the  balance  of  hardships,  the court
20             shall also take into account  the  accessibility  of
21             the  residence  or  household. Hardships need not be
22             balanced if respondent does  not  have  a  right  to
23             occupancy.
24                  The  balance  of hardships is presumed to favor
25             possession by petitioner unless the  presumption  is
26             rebutted by a preponderance of the evidence, showing
27             that   the  hardships  to  respondent  substantially
28             outweigh the hardships to petitioner and  any  minor
29             child  or dependent adult in petitioner's care.  The
30             court, on the request of petitioner or  on  its  own
31             motion,  may  order  respondent to provide suitable,
32             accessible, alternate housing for petitioner instead
33             of excluding respondent from a mutual  residence  or
34             household.
 
                            -63-     LRB093 13001 DRJ 18226 b
 1             (3)  Stay  away  order  and additional prohibitions.
 2        Order respondent to stay  away  from  petitioner  or  any
 3        other  person  protected  by  the order of protection, or
 4        prohibit respondent from entering or remaining present at
 5        petitioner's  school,  place  of  employment,  or   other
 6        specified  places at times when petitioner is present, or
 7        both, if reasonable,  given  the  balance  of  hardships.
 8        Hardships  need  not be balanced for the court to enter a
 9        stay away order or prohibit entry if  respondent  has  no
10        right to enter the premises.
11             If   an   order   of  protection  grants  petitioner
12        exclusive  possession  of  the  residence,  or  prohibits
13        respondent  from  entering  the  residence,   or   orders
14        respondent   to   stay  away  from  petitioner  or  other
15        protected persons, then the court  may  allow  respondent
16        access  to  the residence to remove items of clothing and
17        personal  adornment  used  exclusively   by   respondent,
18        medications,  and  other  items as the court directs. The
19        right to access shall be exercised on only  one  occasion
20        as   the   court  directs  and  in  the  presence  of  an
21        agreed-upon adult third party or law enforcement officer.
22             (4)  Counseling.    Require   or    recommend    the
23        respondent to undergo counseling for a specified duration
24        with    a    social    worker,   psychologist,   clinical
25        psychologist,  psychiatrist,   family   service   agency,
26        alcohol  or substance abuse program, mental health center
27        guidance counselor, agency providing services to  elders,
28        program  designed  for  domestic  violence abusers or any
29        other guidance service the court deems  appropriate.  The
30        court  may  also require or recommend that the petitioner
31        undergo counseling as the court deems appropriate,  based
32        on the evidence.
33             (5)  Physical  care  and  possession  of  the  minor
34        child.   In  order to protect the minor child from abuse,
 
                            -64-     LRB093 13001 DRJ 18226 b
 1        neglect, or unwarranted separation from  the  person  who
 2        has  been  the  minor  child's  primary  caretaker, or to
 3        otherwise protect the well-being of the minor child,  the
 4        court  may  do either or both of the following: (i) grant
 5        petitioner physical  care  or  possession  of  the  minor
 6        child,  or  both,  or  (ii)  order respondent to return a
 7        minor child to, or not remove a  minor  child  from,  the
 8        physical care of a parent or person in loco parentis.
 9             If  a  court finds, after a hearing, that respondent
10        has committed abuse (as defined  in  Section  103)  of  a
11        minor child, there shall be a rebuttable presumption that
12        awarding  physical care to respondent would not be in the
13        minor child's best interest.
14             (6)  Temporary legal custody. Award temporary  legal
15        custody  to  petitioner  in accordance with this Section,
16        the Illinois Marriage and Dissolution  of  Marriage  Act,
17        the  Illinois  Parentage  Act  of  1984, and this State's
18        Uniform Child-Custody Jurisdiction and Enforcement Act.
19             If a court finds, after a hearing,  that  respondent
20        has  committed  abuse  (as  defined  in Section 103) of a
21        minor child, there shall be a rebuttable presumption that
22        awarding temporary legal custody to respondent would  not
23        be in the child's best interest.
24             (7)  Visitation.   Determine  the visitation rights,
25        if any, of respondent in any  case  in  which  the  court
26        awards  physical  care  or  temporary  legal custody of a
27        minor child to petitioner.  The court shall  restrict  or
28        deny  respondent's  visitation  with a minor child if the
29        court finds that respondent has done or is likely  to  do
30        any  of  the  following:  (i) abuse or endanger the minor
31        child during visitation; (ii) use the  visitation  as  an
32        opportunity to abuse or harass petitioner or petitioner's
33        family  or household members; (iii) improperly conceal or
34        detain the minor child; or (iv) otherwise act in a manner
 
                            -65-     LRB093 13001 DRJ 18226 b
 1        that is not in the best interests  of  the  minor  child.
 2        The court shall not be limited by the standards set forth
 3        in Section 607.1 of the Illinois Marriage and Dissolution
 4        of  Marriage  Act.   If  the court grants visitation, the
 5        order shall specify dates and times for the visitation to
 6        take place or other  specific  parameters  or  conditions
 7        that  are  appropriate.   No  order  for visitation shall
 8        refer merely to the term "reasonable visitation".
 9             Petitioner may deny respondent access to  the  minor
10        child   if,   when  respondent  arrives  for  visitation,
11        respondent is under the influence of drugs or alcohol and
12        constitutes a threat to  the  safety  and  well-being  of
13        petitioner  or petitioner's minor children or is behaving
14        in a violent or abusive manner.
15             If necessary to protect any member  of  petitioner's
16        family  or  household from future abuse, respondent shall
17        be prohibited from coming to  petitioner's  residence  to
18        meet  the  minor  child  for  visitation, and the parties
19        shall submit  to  the  court  their  recommendations  for
20        reasonable  alternative  arrangements  for visitation.  A
21        person may be approved to supervise visitation only after
22        filing an affidavit  accepting  that  responsibility  and
23        acknowledging accountability to the court.
24             (8)  Removal or concealment of minor child. Prohibit
25        respondent  from removing a minor child from the State or
26        concealing the child within the State.
27             (9)  Order  to  appear.   Order  the  respondent  to
28        appear in court, alone or with a minor child, to  prevent
29        abuse,  neglect,  removal or concealment of the child, to
30        return the child to the custody or care of the petitioner
31        or to permit any court-ordered interview  or  examination
32        of the child or the respondent.
33             (10)  Possession   of   personal   property.   Grant
34        petitioner exclusive possession of personal property and,
 
                            -66-     LRB093 13001 DRJ 18226 b
 1        if  respondent  has   possession   or   control,   direct
 2        respondent  to  promptly make it available to petitioner,
 3        if:
 4                  (i)  petitioner, but not respondent,  owns  the
 5             property; or
 6                  (ii)  the  parties  own  the  property jointly;
 7             sharing  it  would  risk  abuse  of  petitioner   by
 8             respondent  or  is impracticable; and the balance of
 9             hardships favors temporary possession by petitioner.
10             If petitioner's  sole  claim  to  ownership  of  the
11        property  is  that  it is marital property, the court may
12        award petitioner temporary possession thereof  under  the
13        standards  of subparagraph (ii) of this paragraph only if
14        a proper proceeding has been  filed  under  the  Illinois
15        Marriage  and  Dissolution  of  Marriage  Act,  as now or
16        hereafter amended.
17             No order under this provision shall affect title  to
18        property.
19             (11)  Protection of property.  Forbid the respondent
20        from   taking,   transferring,  encumbering,  concealing,
21        damaging or otherwise disposing of any real  or  personal
22        property,  except  as explicitly authorized by the court,
23        if:
24                  (i)  petitioner, but not respondent,  owns  the
25             property; or
26                  (ii)  the parties own the property jointly, and
27             the   balance  of  hardships  favors  granting  this
28             remedy.
29             If petitioner's  sole  claim  to  ownership  of  the
30        property  is  that  it is marital property, the court may
31        grant petitioner relief under subparagraph (ii)  of  this
32        paragraph  only  if  a  proper  proceeding has been filed
33        under the Illinois Marriage and Dissolution  of  Marriage
34        Act, as now or hereafter amended.
 
                            -67-     LRB093 13001 DRJ 18226 b
 1             The  court  may  further  prohibit  respondent  from
 2        improperly  using  the financial or other resources of an
 3        aged member of the family or household for the profit  or
 4        advantage of respondent or of any other person.
 5             (12)  Order   for   payment   of   support.    Order
 6        respondent to pay temporary support for the petitioner or
 7        any  child  in the petitioner's care or custody, when the
 8        respondent has a legal obligation to support that person,
 9        in accordance with the Illinois Marriage and  Dissolution
10        of Marriage Act, which shall govern, among other matters,
11        the  amount  of  support,  payment  through the clerk and
12        withholding of income to secure payment.   An  order  for
13        child  support may be granted to a petitioner with lawful
14        physical care or custody of  a  child,  or  an  order  or
15        agreement for physical care or custody, prior to entry of
16        an  order  for legal custody.  Such a support order shall
17        expire upon entry of a valid order granting legal custody
18        to another, unless  otherwise  provided  in  the  custody
19        order.
20             (13)  Order  for payment of losses. Order respondent
21        to pay petitioner for losses suffered as a direct  result
22        of  the  abuse,  neglect,  or  exploitation.  Such losses
23        shall include, but not be limited to,  medical  expenses,
24        lost  earnings or other support, repair or replacement of
25        property damaged or taken,  reasonable  attorney's  fees,
26        court   costs   and  moving  or  other  travel  expenses,
27        including additional reasonable  expenses  for  temporary
28        shelter and restaurant meals.
29                  (i)  Losses affecting family needs.  If a party
30             is  entitled  to  seek maintenance, child support or
31             property distribution from the other party under the
32             Illinois Marriage and Dissolution of  Marriage  Act,
33             as  now  or  hereafter  amended, the court may order
34             respondent to reimburse petitioner's actual  losses,
 
                            -68-     LRB093 13001 DRJ 18226 b
 1             to  the  extent  that  such  reimbursement  would be
 2             "appropriate temporary  relief",  as  authorized  by
 3             subsection (a)(3) of Section 501 of that Act.
 4                  (ii)  Recovery  of expenses.  In the case of an
 5             improper concealment or removal of  a  minor  child,
 6             the court may order respondent to pay the reasonable
 7             expenses  incurred  or  to be incurred in the search
 8             for and recovery of the minor child,  including  but
 9             not  limited  to  legal  fees,  court costs, private
10             investigator fees, and travel costs.
11             (14)  Prohibition of entry.  Prohibit the respondent
12        from entering or remaining in the residence or  household
13        while the respondent is under the influence of alcohol or
14        drugs   and  constitutes  a  threat  to  the  safety  and
15        well-being  of  the  petitioner   or   the   petitioner's
16        children.
17             (14.5)  Prohibition of firearm possession.
18                  (a)  When  a  complaint is made under a request
19             for an order of protection, that the respondent  has
20             threatened  or  is  likely to use firearms illegally
21             against  the  petitioner,  and  the  respondent   is
22             present  in  court,  or  has  failed to appear after
23             receiving actual notice, the court shall examine  on
24             oath  the  petitioner,  and any witnesses who may be
25             produced.  If the court is satisfied that  there  is
26             any  danger of the illegal use of firearms, it shall
27             issue an order that any firearms in  the  possession
28             of  the respondent, except as provided in subsection
29             (b), be turned over to  the  local  law  enforcement
30             agency  for  safekeeping.   If  the  respondent  has
31             failed  to  appear,  the court shall issue a warrant
32             for seizure of any firearm in the possession of  the
33             respondent. The period of safekeeping shall be for a
34             stated  period  of  time not to exceed 2 years.  The
 
                            -69-     LRB093 13001 DRJ 18226 b
 1             firearm  or  firearms  shall  be  returned  to   the
 2             respondent  at  the  end  of the stated period or at
 3             expiration of the order of protection, whichever  is
 4             sooner.
 5                  (b)  If  the  respondent  is a peace officer as
 6             defined in Section 2-13  of  the  Criminal  Code  of
 7             1961,  the  court shall order that any firearms used
 8             by the respondent in the performance of his  or  her
 9             duties  as  a  peace  officer  be surrendered to the
10             chief law enforcement executive  of  the  agency  in
11             which  the  respondent is employed, who shall retain
12             the firearms for safekeeping for the  stated  period
13             not  to  exceed  2  years  as set forth in the court
14             order.
15             (15)  Prohibition of access to records.  If an order
16        of protection prohibits respondent  from  having  contact
17        with  the  minor  child,  or  if  petitioner's address is
18        omitted under  subsection  (b)  of  Section  203,  or  if
19        necessary   to  prevent  abuse  or  wrongful  removal  or
20        concealment of  a  minor  child,  the  order  shall  deny
21        respondent   access  to,  and  prohibit  respondent  from
22        inspecting,  obtaining,  or  attempting  to  inspect   or
23        obtain,  school  or  any other records of the minor child
24        who is in the care of petitioner.
25             (16)  Order for payment of shelter services.   Order
26        respondent  to  reimburse  a  shelter providing temporary
27        housing and counseling services to the petitioner for the
28        cost of the services, as certified  by  the  shelter  and
29        deemed reasonable by the court.
30             (17)  Order for injunctive relief.  Enter injunctive
31        relief  necessary or appropriate to prevent further abuse
32        of  a  family  or  household  member  or  further  abuse,
33        neglect,  or  exploitation  of  a  high-risk  adult  with
34        disabilities  or  to  effectuate  one  of   the   granted
 
                            -70-     LRB093 13001 DRJ 18226 b
 1        remedies,  if  supported by the balance of hardships.  If
 2        the harm to be prevented by the injunction  is  abuse  or
 3        any  other  harm  that  one  of  the  remedies  listed in
 4        paragraphs  (1)  through  (16)  of  this  subsection   is
 5        designed  to  prevent,  no  further evidence is necessary
 6        that the harm is an irreparable injury.
 7        (c)  Relevant factors; findings.
 8             (1)  In determining  whether  to  grant  a  specific
 9        remedy,  other  than  payment of support, the court shall
10        consider relevant factors, including but not  limited  to
11        the following:
12                  (i)  the  nature,  frequency, severity, pattern
13             and consequences of  the  respondent's  past  abuse,
14             neglect  or  exploitation  of  the petitioner or any
15             family   or   household   member,   including    the
16             concealment of his or her location in order to evade
17             service  of process or notice, and the likelihood of
18             danger of future abuse, neglect, or exploitation  to
19             petitioner   or   any   member  of  petitioner's  or
20             respondent's family or household; and
21                  (ii)  the danger that any minor child  will  be
22             abused  or  neglected or improperly removed from the
23             jurisdiction, improperly concealed within the  State
24             or  improperly  separated  from  the child's primary
25             caretaker.
26             (2)  In comparing relative  hardships  resulting  to
27        the  parties  from loss of possession of the family home,
28        the court shall consider relevant factors, including  but
29        not limited to the following:
30                  (i)  availability, accessibility, cost, safety,
31             adequacy,  location  and  other  characteristics  of
32             alternate housing for each party and any minor child
33             or dependent adult in the party's care;
34                  (ii)  the effect on the party's employment; and
 
                            -71-     LRB093 13001 DRJ 18226 b
 1                  (iii)  the  effect  on  the relationship of the
 2             party, and any minor child or dependent adult in the
 3             party's  care,  to  family,   school,   church   and
 4             community.
 5             (3)  Subject   to   the   exceptions  set  forth  in
 6        paragraph (4) of this subsection, the  court  shall  make
 7        its  findings  in  an  official record or in writing, and
 8        shall at a minimum set forth the following:
 9                  (i)  That  the   court   has   considered   the
10             applicable  relevant factors described in paragraphs
11             (1) and (2) of this subsection.
12                  (ii)  Whether  the  conduct   or   actions   of
13             respondent,  unless  prohibited,  will  likely cause
14             irreparable harm or continued abuse.
15                  (iii)  Whether it is  necessary  to  grant  the
16             requested  relief  in order to protect petitioner or
17             other alleged abused persons.
18             (4)  For purposes of issuing an ex  parte  emergency
19        order  of  protection, the court, as an alternative to or
20        as a supplement  to  making  the  findings  described  in
21        paragraphs   (c)(3)(i)   through   (c)(3)(iii)   of  this
22        subsection, may use the following procedure:
23             When a verified petition for an emergency  order  of
24        protection   in   accordance  with  the  requirements  of
25        Sections 203 and 217 is presented to the court, the court
26        shall examine petitioner  on  oath  or  affirmation.   An
27        emergency  order  of  protection  shall  be issued by the
28        court if it appears from the contents of the petition and
29        the examination of  petitioner  that  the  averments  are
30        sufficient to indicate abuse by respondent and to support
31        the   granting  of  relief  under  the  issuance  of  the
32        emergency order of protection.
33             (5)  Never   married   parties.    No   rights    or
34        responsibilities  for  a  minor  child  born  outside  of
 
                            -72-     LRB093 13001 DRJ 18226 b
 1        marriage  attach  to a putative father until a father and
 2        child  relationship  has  been  established   under   the
 3        Illinois  Parentage  Act of 1984, the Illinois Public Aid
 4        Code, Section 12 of the Vital Records Act,  the  Juvenile
 5        Court  Act  of 1987, the Probate Act of 1985, the Revised
 6        Uniform  Reciprocal  Enforcement  of  Support  Act,   the
 7        Uniform  Interstate  Family  Support  Act,  the Expedited
 8        Child Support Act of 1990, any judicial,  administrative,
 9        or  other  act  of  another state or territory, any other
10        Illinois statute, or by any foreign  nation  establishing
11        the  father  and child relationship, any other proceeding
12        substantially   in   conformity   with    the    Personal
13        Responsibility and Work Opportunity Reconciliation Act of
14        1996 (Pub. L. 104-193), or where both parties appeared in
15        open  court or at an administrative hearing acknowledging
16        under  oath or admitting by affirmation the existence  of
17        a   father   and   child  relationship.  Absent  such  an
18        adjudication, finding, or  acknowledgement,  no  putative
19        father  shall  be  granted temporary custody of the minor
20        child, visitation with the minor child, or physical  care
21        and  possession of the minor child, nor shall an order of
22        payment for support of the minor child be entered.
23        (d)  Balance of hardships; findings.  If the court  finds
24    that  the  balance of hardships does not support the granting
25    of a remedy governed by paragraph (2), (3),  (10),  (11),  or
26    (16)  of  subsection  (b)  of this Section, which may require
27    such balancing, the court's findings shall  so  indicate  and
28    shall  include  a  finding  as to whether granting the remedy
29    will  result   in   hardship   to   respondent   that   would
30    substantially outweigh the hardship to petitioner from denial
31    of the remedy. The findings shall be an official record or in
32    writing.
33        (e)  Denial  of remedies.  Denial of any remedy shall not
34    be based, in whole or in part, on evidence that:
 
                            -73-     LRB093 13001 DRJ 18226 b
 1             (1)  Respondent has cause  for  any  use  of  force,
 2        unless that cause satisfies the standards for justifiable
 3        use of force provided by Article VII of the Criminal Code
 4        of 1961;
 5             (2)  Respondent was voluntarily intoxicated;
 6             (3)  Petitioner  acted in self-defense or defense of
 7        another, provided that,  if  petitioner  utilized  force,
 8        such  force  was  justifiable  under  Article  VII of the
 9        Criminal Code of 1961;
10             (4)  Petitioner  did  not  act  in  self-defense  or
11        defense of another;
12             (5)  Petitioner left the residence or  household  to
13        avoid   further   abuse,   neglect,  or  exploitation  by
14        respondent;
15             (6)  Petitioner  did  not  leave  the  residence  or
16        household   to   avoid   further   abuse,   neglect,   or
17        exploitation by respondent;
18             (7)  Conduct  by  any  family  or  household  member
19        excused  the   abuse,   neglect,   or   exploitation   by
20        respondent,  unless  that same conduct would have excused
21        such abuse, neglect, or exploitation if the  parties  had
22        not been family or household members.
23    (Source: P.A. 93-108, eff. 1-1-04.)
 
                            -74-     LRB093 13001 DRJ 18226 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    305 ILCS 5/10-10          from Ch. 23, par. 10-10
 4    705 ILCS 35/4.4 new
 5    705 ILCS 405/1-5          from Ch. 37, par. 801-5
 6    705 ILCS 405/2-20         from Ch. 37, par. 802-20
 7    705 ILCS 405/2-23         from Ch. 37, par. 802-23
 8    705 ILCS 405/3-21         from Ch. 37, par. 803-21
 9    705 ILCS 405/3-24         from Ch. 37, par. 803-24
10    705 ILCS 405/4-18         from Ch. 37, par. 804-18
11    705 ILCS 405/4-21         from Ch. 37, par. 804-21
12    725 ILCS 5/112A-7         from Ch. 38, par. 112A-7
13    725 ILCS 5/112A-14        from Ch. 38, par. 112A-14
14    750 ILCS 5/307 new
15    750 ILCS 5/404.05 new
16    750 ILCS 5/411.5 new
17    750 ILCS 5/452.5 new
18    750 ILCS 5/510            from Ch. 40, par. 510
19    750 ILCS 5/606            from Ch. 40, par. 606
20    750 ILCS 5/103 rep.
21    750 ILCS 10/8.5 new
22    750 ILCS 10/8.10 new
23    750 ILCS 22/301
24    750 ILCS 28/40
25    750 ILCS 30/7.5 new
26    750 ILCS 30/9             from Ch. 40, par. 2209
27    750 ILCS 45/13            from Ch. 40, par. 2513
28    750 ILCS 45/14            from Ch. 40, par. 2514
29    750 ILCS 50/5.5 new
30    750 ILCS 60/206           from Ch. 40, par. 2312-6
31    750 ILCS 60/214           from Ch. 40, par. 2312-14