|
|
Rep. Chapin Rose
Filed: 4/6/2005
|
|
09400HB0360ham004 |
|
LRB094 02474 LCB 44098 a |
|
|
| 1 |
| AMENDMENT TO HOUSE BILL 360
|
| 2 |
| AMENDMENT NO. ______. Amend House Bill 360, AS AMENDED, by |
| 3 |
| replacing everything after the enacting clause with the |
| 4 |
| following:
|
| 5 |
| "Section 5. The Illinois Marriage and Dissolution of |
| 6 |
| Marriage Act is amended by changing Section 608 and by adding |
| 7 |
| Section 604.3 as follows:
|
| 8 |
| (750 ILCS 5/604.3 new)
|
| 9 |
| Sec. 604.3. Counseling. The court shall determine whether |
| 10 |
| counseling is appropriate for a child who is involved in a |
| 11 |
| custody proceeding. If the court determines that counseling is |
| 12 |
| appropriate, the court may order counseling and may apportion |
| 13 |
| the costs between the parties. |
| 14 |
| All counseling sessions shall be confidential. The |
| 15 |
| communications in counseling shall not be used in any manner in |
| 16 |
| litigation nor relied upon by any expert appointed by the court |
| 17 |
| or retained by any party.
|
| 18 |
| (750 ILCS 5/608) (from Ch. 40, par. 608)
|
| 19 |
| Sec. 608. Judicial Supervision.
|
| 20 |
| (a) Except as otherwise agreed by the parties in writing at |
| 21 |
| the time of
the custody judgment or as otherwise ordered by the |
| 22 |
| court, the custodian
may determine the child's upbringing, |
| 23 |
| including but not limited to, his
education, health care and |
|
|
|
09400HB0360ham004 |
- 2 - |
LRB094 02474 LCB 44098 a |
|
|
| 1 |
| religious training, unless the court, after
hearing, finds, |
| 2 |
| upon motion by the noncustodial parent, that the absence of
a |
| 3 |
| specific limitation of the custodian's authority would clearly |
| 4 |
| be
contrary to the best interests of the child.
|
| 5 |
| (b) If both parents or all contestants agree to the order, |
| 6 |
| or if the
court finds that in the absence of agreement the |
| 7 |
| child's physical health
would be endangered or his emotional |
| 8 |
| development significantly impaired,
the court may order the |
| 9 |
| Department of Children and Family Services to
exercise |
| 10 |
| continuing supervision over the case to assure that the |
| 11 |
| custodial
or visitation terms of the judgment are carried out. |
| 12 |
| Supervision shall be
carried out under the provisions of |
| 13 |
| Section 5 of the Children and Family
Services Act.
|
| 14 |
| (c) The court may order individual counseling for the |
| 15 |
| child, family counseling for one or more of the parties and the |
| 16 |
| child, or parental education for one or more of the parties, |
| 17 |
| when it finds one or more of the following: |
| 18 |
| (1) both parents or all parties agree to the order; |
| 19 |
| (2) the court finds that the child's physical health is |
| 20 |
| endangered or his or her emotional development is impaired |
| 21 |
| including, but not limited to, a finding of visitation |
| 22 |
| abuse as defined by Section 607.1; or |
| 23 |
| (3) the court finds that one or both of the parties |
| 24 |
| have violated the joint parenting agreement with regard to |
| 25 |
| conduct affecting or in the presence of the child. |
| 26 |
| (d) If the court finds that one or more of the parties has |
| 27 |
| violated an order of the court with regards to custody, |
| 28 |
| visitation, or joint parenting, the court shall assess the |
| 29 |
| costs of counseling against the violating party or parties. |
| 30 |
| Otherwise, the court may apportion the costs between the |
| 31 |
| parties as appropriate. |
| 32 |
| (e) The remedies provided in this Section are in addition |
| 33 |
| to, and shall not diminish or abridge in any way, the court's |
| 34 |
| power to exercise its authority through contempt or other |