HB4158 94TH GENERAL ASSEMBLY

LRB094 14743 DRJ 49715 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4158

Introduced 10/26/2005, by Rep. Mr. George Scully, Jr.

SYNOPSIS AS INTRODUCED:

325 ILCS 40/7.1	from Ch. 23, par. 2257.1
725 ILCS 5/112A-23	from Ch. 38, par. 112A-23
750 ILCS 5/102	from Ch. 40, par. 102
750 ILCS 5/505	from Ch. 40, par. 505
750 ILCS 5/Pt. VI heading
750 ILCS 5/600 new
750 ILCS 5/601.2 new
750 ILCS 5/602.5 new
750 ILCS 5/602.7 new
750 ILCS 5/602.10 new
750 ILCS 5/603.5 new
750 ILCS 5/603.10 new
750 ILCS 5/604.10 new
750 ILCS 5/606.5 new
750 ILCS 5/606.10 new
750 ILCS 5/607.5 new
750 ILCS 5/609.2 new
750 ILCS 5/610.5 new
750 ILCS 5/612 new
750 ILCS 5/601 rep.
750 ILCS 5/601.5 rep.
750 ILCS 5/602 rep.
750 ILCS 5/602.1 rep.
750 ILCS 5/603 rep.
750 ILCS 5/604 rep.
750 ILCS 5/604.5 rep.
750 ILCS 5/605 rep.
750 ILCS 5/606 rep.
750 ILCS 5/607 rep.
750 ILCS 5/607.1 rep.
750 ILCS 5/608 rep.
750 ILCS 5/609 rep.
750 ILCS 5/610 rep.
750 ILCS 5/611 rep.
750 ILCS 45/16	from Ch. 40, par. 2516
750 ILCS 60/214	from Ch. 40, par. 2312-14
750 ILCS 60/223	from Ch. 40, par. 2312-23
755 ILCS 5/11-7.1	from Ch. 110 1/2, par. 11-7.1

Amends the Illinois Marriage and Dissolution of Marriage Act to rewrite provisions concerning child custody and visitation, but with changes that include the following: (1) amends the Intergovernmental Missing Child Recovery Act of 1984, the Code of Criminal Procedure of 1963, the Illinois Parentage Act of 1984, the Illinois Domestic Violence Act of 1986, and the Probate Act of 1975, and further amends the Illinois Marriage and Dissolution of Marriage Act to change references to "custody" and "visitation" to "parental responsibilities" and "parenting time", respectively, and to change references to Sections of the Illinois Marriage and Dissolution of Marriage Act that are repealed by the bill; and (2) requires the Illinois Supreme Court to approve 3 hours of training for certain professionals, evaluators, investigators, and guardians ad litem serving in connection with proceedings to allocate parental responsibilities. Effective January 1, 2007.

A BILL FOR

AN ACT concerning child custody.

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

Section 5. The Intergovernmental Missing Child Recovery Act of 1984 is amended by changing Section 7.1 as follows:

(325 ILCS 40/7.1) (from Ch. 23, par. 2257.1)

Sec. 7.1. In addition to any requirement of Section 601.2 601 or 611 of the Illinois Marriage and Dissolution of Marriage Act or applicable provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act regarding a parental allocation custody proceeding of an out-of-state party, every court in this State, prior to granting or modifying a parental allocation custody judgment, shall inquire with LEADS and the National Crime Information Center to ascertain whether the child or children in question have been reported missing or have been involved in or are the victims of a parental or noncustodial abduction. Such inquiry may be conducted with any law enforcement agency in this State that maintains a LEADS terminal or has immediate access to one on a 24-hour-per-day, 7-day-per-week basis through a written agreement with another law enforcement agency.

(Source: P.A. 93-108, eff. 1-1-04.)

Section 10. The Code of Criminal Procedure of 1963 is amended by changing Section 112A-23 as follows:

(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)

Sec. 112A-23. Enforcement of orders of protection.

(a) When violation is crime. A violation of any order of protection, whether issued in a civil, quasi-criminal proceeding, shall be enforced by a criminal court when:

(1) The respondent commits the crime of violation of an order of protection pursuant to Section 12-30 of the Criminal Code of 1961, by having knowingly violated:

(i) remedies described in paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 112A-14,

(ii) a remedy, which is substantially similar to the remedies authorized under paragraphs (1), (2), (3), (14) or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory,

(iii) or any other remedy when the act constitutes a crime against the protected parties as defined by the Criminal Code of 1961.

Prosecution for a violation of an order of protection shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the order of protection; or

(2) The respondent commits the crime of child abduction pursuant to Section 10-5 of the Criminal Code of 1961, by having knowingly violated:

(i) remedies described in paragraphs (5), (6) or (8) of subsection (b) of Section 112A-14, or

(ii) a remedy, which is substantially similar to the remedies authorized under paragraphs (1), (5), (6), or (8) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory.

(b) When violation is contempt of court. A violation of any valid order of protection, whether issued in a civil or criminal proceeding, may be enforced through civil or criminal contempt procedures, as appropriate, by any court with jurisdiction, regardless where the act or acts which violated the order of protection were committed, to the extent consistent with the venue provisions of this Article. Nothing in this Article shall preclude any Illinois court from enforcing any valid order of protection issued in another state. Illinois courts may enforce orders of protection through both criminal prosecution and contempt proceedings, unless the action which is second in time is barred by collateral estoppel or the constitutional prohibition against double jeopardy.

(1) In a contempt proceeding where the petition for a rule to show cause sets forth facts evidencing an immediate danger that the respondent will flee the jurisdiction, conceal a child, or inflict physical abuse on the petitioner or minor children or on dependent adults in petitioner's care, the court may order the attachment of the respondent without prior service of the rule to show cause or the petition for a rule to show cause. Bond shall be set unless specifically denied in writing.

(2) A petition for a rule to show cause for violation of an order of protection shall be treated as an expedited proceeding.

(c) Violation of custody, allocation of parental responsibility, or support orders. A violation of remedies described in paragraphs (5), (6), (8), or (9) of subsection (b) of Section 112A-14 may be enforced by any remedy provided by Section 607.5 611 of the Illinois Marriage and Dissolution of Marriage Act. The court may enforce any order for support issued under paragraph (12) of subsection (b) of Section 112A-14 in the manner provided for under Parts Articles V and VII of the Illinois Marriage and Dissolution of Marriage Act.

(d) Actual knowledge. An order of protection may be enforced pursuant to this Section if the respondent violates the order after respondent has actual knowledge of its contents as shown through one of the following means:

(1) By service, delivery, or notice under Section 112A-10.

(2) By notice under Section 112A-11.

(3) By service of an order of protection under Section 112A-22.

(4) By other means demonstrating actual knowledge of the contents of the order.

(e) The enforcement of an order of protection in civil or criminal court shall not be affected by either of the following:

(1) The existence of a separate, correlative order entered under Section 112A-15.

(2) Any finding or order entered in a conjoined criminal proceeding.

(f) Circumstances. The court, when determining whether or not a violation of an order of protection has occurred, shall not require physical manifestations of abuse on the person of the victim.

(g) Penalties.

(1) Except as provided in paragraph (3) of this subsection, where the court finds the commission of a crime or contempt of court under subsections (a) or (b) of this Section, the penalty shall be the penalty that generally applies in such criminal or contempt proceedings, and may include one or more of the following: incarceration, payment of restitution, a fine, payment of attorneys' fees and costs, or community service.

(2) The court shall hear and take into account evidence of any factors in aggravation or mitigation before deciding an appropriate penalty under paragraph (1) of this subsection.

(3) To the extent permitted by law, the court is encouraged to:

(i) increase the penalty for the knowing violation of any order of protection over any penalty previously imposed by any court for respondent's violation of any order of protection or penal statute involving petitioner as victim and respondent as defendant;

(ii) impose a minimum penalty of 24 hours imprisonment for respondent's first violation of any order of protection; and

(iii) impose a minimum penalty of 48 hours imprisonment for respondent's second or subsequent violation of an order of protection

unless the court explicitly finds that an increased penalty or that period of imprisonment would be manifestly unjust.

(4) In addition to any other penalties imposed for a violation of an order of protection, a criminal court may consider evidence of any violations of an order of protection:

(i) to increase, revoke or modify the bail bond on an underlying criminal charge pursuant to Section 110-6;

(ii) to revoke or modify an order of probation, conditional discharge or supervision, pursuant to Section 5-6-4 of the Unified Code of Corrections;

(iii) to revoke or modify a sentence of periodic imprisonment, pursuant to Section 5-7-2 of the Unified Code of Corrections.

(Source: P.A. 93-359, eff. 1-1-04; revised 10-11-05.)

Section 15. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Sections 102 and 505 and the heading of Part VI and by adding Sections 600, 601.2, 602.5, 602.7, 602.10, 603.5, 603.10, 604.10, 606.5, 606.10, 607.5, 609.2, 610.5, and 612 as follows:

(750 ILCS 5/102) (from Ch. 40, par. 102)

Sec. 102. Purposes; Rules of Construction. This Act shall be liberally construed and applied to promote its underlying purposes, which are to:

(1) provide adequate procedures for the solemnization and registration of marriage;

(2) strengthen and preserve the integrity of marriage and safeguard family relationships;

(3) promote the amicable settlement of disputes that have arisen between parties to a marriage;

(4) mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage process, and protect children from exposure to conflict and violence;

(5) ensure predictable decision-making for the care of children and for the allocation of parenting time and other parental responsibilities, and avoid prolonged uncertainty by expeditiously resolving issues involving children;

(6) recognize the right of children to a healthy relationship with parents, and the responsibility of parents to ensure such a relationship;

(7) acknowledge that the determination of children's best interests, and the allocation of parenting time and significant decision-making responsibilities, are among the paramount responsibilities of our system of justice, and to that end:

(A) recognize children's right to a strong and healthy relationship with parents, and parents' concomitant right and responsibility to create and maintain such relationships;

(B) recognize that, in the absence of domestic violence or any other factor that the court expressly finds to be relevant, proximity to, and frequent contact with, both parents promotes healthy development of children;

(C) facilitate parental planning and agreement about the children's upbringing and allocation of parenting time and other parental responsibilities;

(D) continue existing parent-child relationships, and secure the maximum involvement and cooperation of parents regarding the physical, mental, moral, and emotional well-being of the children during and after the litigation; and

(E) encourage programs to educate parents to:

(i) minimize or eliminate rancor and the detrimental effect of litigation in any proceeding involving children; and

(ii) facilitate the maximum cooperation of parents in raising their children;

(8) (5) make reasonable provision for spouses and minor children during and after litigation, including provision for timely awards of interim fees to all attorneys, including children's representatives, to achieve substantial parity in parties' access to funds for litigation costs;

(9) (6) eliminate the consideration of marital misconduct in the adjudication of rights and duties incident to the legal dissolution of marriage, legal separation and declaration of invalidity of marriage; and

(7) secure the maximum involvement and cooperation of both parents regarding the physical, mental, moral and emotional well-being of the children during and after the litigation; and

(10) (8) make provision for the preservation and conservation of assets during the litigation.

(Source: P.A. 89-712, eff. 6-1-97.)

(750 ILCS 5/505) (from Ch. 40, par. 505)

Sec. 505. Child support; contempt; penalties.

(a) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity of marriage, a proceeding for child support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, a proceeding for modification of a previous order for child support under Section 510 of this Act, or any proceeding authorized under Section 501 or 601 of this Act, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable and necessary for his support, without regard to marital misconduct. The duty of support owed to a child includes the obligation to provide for the reasonable and necessary physical, mental and emotional health needs of the child. For purposes of this Section, the term "child" shall include any child under age 18 and any child under age 19 who is still attending high school. For purposes of this Section, the term "supporting parent" means the parent obligated to pay support to the other parent.

(1) The Court shall determine the minimum amount of support by using the following guidelines:

(2) The above guidelines shall be applied in each case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors:

(a) the financial resources and needs of the child;

(b) the financial resources and needs of the custodial parent;

(c) the standard of living the child would have enjoyed had the marriage not been dissolved;

(d) the physical and emotional condition of the child, and his educational needs; and

(e) the financial resources and needs of the supporting non-custodial parent.

If the court deviates from the guidelines, the court's finding shall state the amount of support that would have been required under the guidelines, if determinable. The court shall include the reason or reasons for the variance from the guidelines.

(3) "Net income" is defined as the total of all income from all sources, minus the following deductions:

(a) Federal income tax (properly calculated withholding or estimated payments);

(b) State income tax (properly calculated withholding or estimated payments);

(c) Social Security (FICA payments);

(d) Mandatory retirement contributions required by law or as a condition of employment;

(e) Union dues;

(f) Dependent and individual health/hospitalization insurance premiums;

(g) Prior obligations of support or maintenance actually paid pursuant to a court order;

(h) Expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts. The court shall reduce net income in determining the minimum amount of support to be ordered only for the period that such payments are due and shall enter an order containing provisions for its self-executing modification upon termination of such payment period.

(4) In cases where the court order provides for health/hospitalization insurance coverage pursuant to Section 505.2 of this Act, the premiums for that insurance, or that portion of the premiums for which the supporting party is responsible in the case of insurance provided through an employer's health insurance plan where the employer pays a portion of the premiums, shall be subtracted from net income in determining the minimum amount of support to be ordered.

(4.5) In a proceeding for child support following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, and in which the court is requiring payment of support for the period before the date an order for current support is entered, there is a rebuttable presumption that the supporting party's net income for the prior period was the same as his or her net income at the time the order for current support is entered.

(5) If the net income cannot be determined because of default or any other reason, the court shall order support in an amount considered reasonable in the particular case. The final order in all cases shall state the support level in dollar amounts. However, if the court finds that the child support amount cannot be expressed exclusively as a dollar amount because all or a portion of the payor's net income is uncertain as to source, time of payment, or amount, the court may order a percentage amount of support in addition to a specific dollar amount and enter such other orders as may be necessary to determine and enforce, on a timely basis, the applicable support ordered.

(6) If (i) the supporting non-custodial parent was properly served with a request for discovery of financial information relating to the supporting non-custodial parent's ability to provide child support, (ii) the supporting non-custodial parent failed to comply with the request, despite having been ordered to do so by the court, and (iii) the supporting non-custodial parent is not present at the hearing to determine support despite having received proper notice, then any relevant financial information concerning the supporting non-custodial parent's ability to provide child support that was obtained pursuant to subpoena and proper notice shall be admitted into evidence without the need to establish any further foundation for its admission.

(a-5) In an action to enforce an order for support based on the respondent's failure to make support payments as required by the order, notice of proceedings to hold the respondent in contempt for that failure may be served on the respondent by personal service or by regular mail addressed to the respondent's last known address. The respondent's last known address may be determined from records of the clerk of the court, from the Federal Case Registry of Child Support Orders, or by any other reasonable means.

(b) Failure of either parent to comply with an order to pay support shall be punishable as in other cases of contempt. In addition to other penalties provided by law the Court may, after finding the parent guilty of contempt, order that the parent be:

(1) placed on probation with such conditions of probation as the Court deems advisable;

(2) sentenced to periodic imprisonment for a period not to exceed 6 months; provided, however, that the Court may permit the parent to be released for periods of time during the day or night to:

(A) work; or

(B) conduct a business or other self-employed occupation.

The Court may further order any part or all of the earnings of a parent during a sentence of periodic imprisonment paid to the Clerk of the Circuit Court or to the parent having the majority of residential responsibility custody or to the guardian having the majority of residential responsibility for custody of the children of the sentenced parent for the support of said children until further order of the Court.

If there is a unity of interest and ownership sufficient to render no financial separation between a supporting non-custodial parent and another person or persons or business entity, the court may pierce the ownership veil of the person, persons, or business entity to discover assets of the supporting non-custodial parent held in the name of that person, those persons, or that business entity. The following circumstances are sufficient to authorize a court to order discovery of the assets of a person, persons, or business entity and to compel the application of any discovered assets toward payment on the judgment for support:

(1) the supporting non-custodial parent and the person, persons, or business entity maintain records together.

(2) the supporting non-custodial parent and the person, persons, or business entity fail to maintain an arms length relationship between themselves with regard to any assets.

(3) the supporting non-custodial parent transfers assets to the person, persons, or business entity with the intent to perpetrate a fraud on the custodial parent receiving the support.

With respect to assets which are real property, no order entered under this paragraph shall affect the rights of bona fide purchasers, mortgagees, judgment creditors, or other lien holders who acquire their interests in the property prior to the time a notice of lis pendens pursuant to the Code of Civil Procedure or a copy of the order is placed of record in the office of the recorder of deeds for the county in which the real property is located.

The court may also order in cases where the parent is 90 days or more delinquent in payment of support or has been adjudicated in arrears in an amount equal to 90 days obligation or more, that the parent's Illinois driving privileges be suspended until the court determines that the parent is in compliance with the order of support. The court may also order that the parent be issued a family financial responsibility driving permit that would allow limited driving privileges for employment and medical purposes in accordance with Section 7-702.1 of the Illinois Vehicle Code. The clerk of the circuit court shall certify the order suspending the driving privileges of the parent or granting the issuance of a family financial responsibility driving permit to the Secretary of State on forms prescribed by the Secretary. Upon receipt of the authenticated documents, the Secretary of State shall suspend the parent's driving privileges until further order of the court and shall, if ordered by the court, subject to the provisions of Section 7-702.1 of the Illinois Vehicle Code, issue a family financial responsibility driving permit to the parent.

In addition to the penalties or punishment that may be imposed under this Section, any person whose conduct constitutes a violation of Section 15 of the Non-Support Punishment Act may be prosecuted under that Act, and a person convicted under that Act may be sentenced in accordance with that Act. The sentence may include but need not be limited to a requirement that the person perform community service under Section 50 of that Act or participate in a work alternative program under Section 50 of that Act. A person may not be required to participate in a work alternative program under Section 50 of that Act if the person is currently participating in a work program pursuant to Section 505.1 of this Act.

A support obligation, or any portion of a support obligation, which becomes due and remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue simple interest as set forth in Section 12-109 of the Code of Civil Procedure. An order for support entered or modified on or after January 1, 2006 shall contain a statement that a support obligation required under the order, or any portion of a support obligation required under the order, that becomes due and remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue simple interest as set forth in Section 12-109 of the Code of Civil Procedure. Failure to include the statement in the order for support does not affect the validity of the order or the accrual of interest as provided in this Section.

(c) A one-time charge of 20% is imposable upon the amount of past-due child support owed on July 1, 1988 which has accrued under a support order entered by the court. The charge shall be imposed in accordance with the provisions of Section 10-21 of the Illinois Public Aid Code and shall be enforced by the court upon petition.

(d) Any new or existing support order entered by the court under this Section shall be deemed to be a series of judgments against the person obligated to pay support thereunder, each such judgment to be in the amount of each payment or installment of support and each such judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order. Each such judgment shall have the full force, effect and attributes of any other judgment of this State, including the ability to be enforced. A lien arises by operation of law against the real and personal property of the supporting noncustodial parent for each installment of overdue support owed by the supporting noncustodial parent.

(e) When child support is to be paid through the clerk of the court in a county of 1,000,000 inhabitants or less, the order shall direct the obligor to pay to the clerk, in addition to the child support payments, all fees imposed by the county board under paragraph (3) of subsection (u) of Section 27.1 of the Clerks of Courts Act. Unless paid in cash or pursuant to an order for withholding, the payment of the fee shall be by a separate instrument from the support payment and shall be made to the order of the Clerk.

(f) All orders for support, when entered or modified, shall include a provision requiring the obligor to notify the court and, in cases in which a party is receiving child and spouse services under Article X of the Illinois Public Aid Code, the Illinois Department of Public Aid, within 7 days, (i) of the name and address of any new employer of the obligor, (ii) whether the obligor has access to health insurance coverage through the employer or other group coverage and, if so, the policy name and number and the names of persons covered under the policy, and (iii) of any new residential or mailing address or telephone number of the supporting non-custodial parent. In any subsequent action to enforce a support order, upon a sufficient showing that a diligent effort has been made to ascertain the location of the supporting non-custodial parent, service of process or provision of notice necessary in the case may be made at the last known address of the supporting non-custodial parent in any manner expressly provided by the Code of Civil Procedure or this Act, which service shall be sufficient for purposes of due process.

(g) An order for support shall include a date on which the current support obligation terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date on which the child's high school graduation will occur or the date on which the child will attain the age of 19. The order for support shall state that the termination date does not apply to any arrearage that may remain unpaid on that date. Nothing in this subsection shall be construed to prevent the court from modifying the order or terminating the order in the event the child is otherwise emancipated.

(g-5) If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for Support Act) equal to at least one month's support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency. That periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and collected by any method provided by law for enforcement and collection of child support, including but not limited to income withholding under the Income Withholding for Support Act. Each order for support entered or modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a statement notifying the parties of the requirements of this subsection. Failure to include the statement in the order for support does not affect the validity of the order or the operation of the provisions of this subsection with regard to the order. This subsection shall not be construed to prevent or affect the establishment or modification of an order for support of a minor child or the establishment or modification of an order for support of a non-minor child or educational expenses under Section 513 of this Act.

(h) An order entered under this Section shall include a provision requiring the obligor to report to the obligee and to the clerk of court within 10 days each time the obligor obtains new employment, and each time the obligor's employment is terminated for any reason. The report shall be in writing and shall, in the case of new employment, include the name and address of the new employer. Failure to report new employment or the termination of current employment, if coupled with nonpayment of support for a period in excess of 60 days, is indirect criminal contempt. For any obligor arrested for failure to report new employment bond shall be set in the amount of the child support that should have been paid during the period of unreported employment. An order entered under this Section shall also include a provision requiring the obligor and obligee parents to advise each other of a change in residence within 5 days of the change except when the court finds that the physical, mental, or emotional health of a party or that of a child, or both, would be seriously endangered by disclosure of the party's address.

(i) The court does not lose the powers of contempt, driver's license suspension, or other child support enforcement mechanisms, including, but not limited to, criminal prosecution as set forth in this Act, upon the emancipation of the minor child or children.

(Source: P.A. 93-148, eff. 7-10-03; 93-1061, eff. 1-1-05; 94-90, eff. 1-1-06.)

(750 ILCS 5/Pt. VI heading)

PART VI

ALLOCATION OF PARENTAL RESPONSIBILITIES CUSTODY

(750 ILCS 5/600 new)

Sec. 600. Definitions. For purposes of this Part VI:

"Abuse" has the meaning ascribed to that term in Section 103 of the Illinois Domestic Violence Act of 1986.

"Allocation judgment" means a judgment allocating parental responsibilities.

"Caretaking functions" means tasks that involve interaction with a child or that direct, arrange, and supervise the interaction with and care of a child provided by others. The term includes, but is not limited to, the following:

(1) Satisfying a child's nutritional needs; managing a child's bedtime and wake-up routines; caring for a child when the child is sick or injured; being attentive to a child's personal hygiene needs, including washing, grooming, and dressing; playing with a child and arranging for recreation; protecting a child's physical safety; and providing transportation for a child.

(2) Directing a child's various developmental needs, including the acquisition of motor and language skills, toilet training, self-confidence, and maturation.

(3) Providing discipline, giving instruction in manners, assigning and supervising chores, and performing other tasks that attend to a child's needs for behavioral control and self-restraint.

(4) Arranging for a child's education, including arranging for remedial or special services appropriate to the child's needs and interests, communicating with teachers and counselors, and supervising homework.

(5) Helping a child develop and maintain appropriate interpersonal relationships with peers, siblings, and other family members.

(6) Arranging for health-care providers, medical follow-up, and home health care for a child.

(7) Providing moral and ethical guidance for a child.

(8) Arranging alternative care for a child by a family member, babysitter, or other child-care provider or facility, including investigating such alternatives, communicating with providers, and supervising such care.

"De facto parent" means a person, other than a legal parent or equitable parent, who, for reasons other than financial compensation, has resided with a child for a period of not less than 6 continuous months and:

(1) formed a parent-child relationship with the child, with the knowledge and consent of at least one legal parent of the child; and

(2) prior to the petition being filed, regularly performed caretaking functions for the child for a period of not less than 2 continuous years, or, if the child is less than 2 years of age, since the child's birth.

"Equitable parent" means a person who, though not a legal parent of a child:

(1) is obligated by a court order to pay child support for the child; or

(2) is the child's stepparent; or

(3) lived with the child for at least 2 years and:

(A) during that time (i) had a reasonable, good-faith belief that he or she was the child's biological parent, based on marriage to the child's legal parent or on the actions or representations of the legal parent, and (ii) performed or contributed to the performance of caretaking functions consistent with that belief; and

(B) continued to make reasonable, good-faith efforts to accept parental responsibilities with respect to the child if thereafter that belief no longer existed; or

(4) lived with the child since the child's birth or for at least 2 years, and held himself out as the child's parent while accepting parental responsibilities, under an agreement with the child's legal parent (or, if there are 2 legal parents, both parents) to rear the child together, each with allocated parental rights and responsibilities, provided that a court finds that recognition of the person as a parent is in the child's best interests.

"Legal parent" means a biological or adoptive parent of a child.

"Parent" means a legal parent, a de facto parent, or an equitable parent.

"Parental responsibilities" means both parenting time and significant decision-making responsibilities with respect to a child.

"Parenting time" means the time during which a parent is physically with a child and exercises caretaking functions and non-significant decision-making responsibilities with respect to the child.

"Parenting plan" means a written agreement that allocates significant decision-making responsibilities, parenting time, or both.

"Relocation" means a change of residence for more than 90 days that significantly impairs a parent's ability to exercise the parental responsibilities that the parent has been exercising or is entitled to exercise under a parenting plan or allocation judgment.

"Religious upbringing" means the choice of religion or denomination of a religion, religious schooling, religious training, or participation in religious customs or practices.

"Residential responsibility" means the amount of time a child spends in a parent's care.

"Restriction of parenting time" means any limitation or condition placed on parenting time, including supervision.

"Significant decision-making" means deciding issues of long-term importance in the life of a child.

"Stepparent" means a person, other than a biological or adoptive parent, who is or was married to a legal parent.

"Supervision" means the presence of a third party during a parent's exercise of parenting time.

(750 ILCS 5/601.2 new)

Sec. 601.2. Jurisdiction; commencement of proceeding.

(a) A court of this State that is competent to allocate parental responsibilities has jurisdiction to make such an allocation in original or modification proceedings as provided in Section 201 of the Uniform Child-Custody Jurisdiction and Enforcement Act as adopted by this State.

(b) A proceeding for allocation of parental responsibilities with respect to a child is commenced in the court:

(1) By a legal parent, by filing a petition for:

(A) dissolution of marriage or legal separation or declaration of invalidity of marriage; or

(B) allocation of parental responsibilities with respect to the child in the county in which the child resides.

(2) By a de facto parent, as defined in Section 600, by filing a petition for allocation of parental responsibilities, if all of the following circumstances are met:

(A) the petition is filed in the county in which the child resides;

(B) it is alleged to be in the child's best interests for the de facto parent to assume or continue exercising parental responsibilities, as provided in Section 602.7; and

(C) the petition is filed within 90 days after the termination of the de facto parent's caretaking functions with respect to the child.

(3) By an equitable parent, as defined in Section 600, by filing a petition for allocation of parental responsibilities, if all of the following circumstances are met:

(A) a legal parent is deceased or disabled and cannot perform caretaking functions with respect to the child; and

(B) it is alleged to be in the child's best interests for the equitable parent to assume or continue exercising parental responsibilities, as provided in Sections 602.5 and 602.7.

(4) By an equitable or de facto parent, as defined in Section 600, seeking only an allocation of parenting time:

(A) if the legal parent and the equitable parent or de facto parent have terminated their relationship; or

(B) if the legal parent and the equitable parent or de facto parent are opposing parties in a pending action for dissolution of marriage, legal separation, declaration of invalidity of marriage, or parentage.

For purposes of subdivision (b)(4)(A), the relationship between a legal parent and an equitable parent or de facto parent is presumed to have terminated if those parents are residing in separate residences.

(c) When a proceeding for allocation of parental responsibilities is commenced, the parent commencing the action must, at least 30 days before any hearing on the petition, serve a written notice and a copy of the petition on the child's parent and on any party previously appearing in any prior proceeding for allocation of parental responsibilities with respect to the child. Nothing in this Section shall preclude a party in a proceeding for allocation of parental responsibilities from moving for a temporary order under Section 602.5.

(750 ILCS 5/602.5 new)

Sec. 602.5. Allocation of parental responsibilities: decision-making.

(a) Generally. The court shall allocate decision-making responsibilities according to the child's best interests. Nothing in this Act requires that every parent be allocated decision-making responsibilities.

(b) Allocation of significant decision-making responsibilities. If a legal parent is exercising parental responsibilities with respect to the child, the court shall not allocate significant decision-making responsibilities to an equitable or de facto parent as defined in Section 600. Unless the parents otherwise agree in writing on an allocation of significant decision-making responsibilities, the court shall make the determination. The court shall allocate to one or more of the parents the significant decision-making responsibility for each significant issue affecting the child. Those significant issues shall include, without limitation, the following:

(1) Education, including the choice of schools and tutors.

(2) Health, including all decisions relating to the medical, dental, and psychological needs of the child and to the treatments arising or resulting from those needs.

(3) Religion, subject to the following provisions:

(A) The court shall allocate parental responsibility for the child's religious upbringing in accordance with any express or implied agreement between the parents.

(B) The court shall consider evidence of the parents' past conduct as to the child's religious upbringing in allocating parental responsibilities consistent with demonstrated past conduct in the absence of an express or implied agreement between the parents.

(C) The court shall not allocate any aspect of the child's religious upbringing if it determines that the parents do not or did not have an express or implied agreement for such religious upbringing or that there is insufficient evidence to demonstrate a course of conduct regarding the child's religious upbringing that could serve as a basis for any such order.

(4) Extracurricular activities.

(c) Determination of child's best interests. In determining the child's best interests for purposes of allocating significant decision-making responsibilities, the court shall consider all relevant factors, including, without limitation, the following:

(1) The wishes of a child who is sufficiently mature to express reasoned and independent preferences as to significant decisions.

(2) The child's adjustment to his or her home, school, and community.

(3) The mental and physical health of all individuals involved.

(4) The ability of the parents to cooperate to make decisions, or the level of conflict between the parties that may affect their ability to share decision-making.

(5) The level of each parent's participation in past significant decision-making with respect to the child.

(6) Any prior agreement or course of conduct between the parents relating to decision-making with respect to the child.

(7) The wishes of the parents.

(8) The child's needs in light of economic, physical, or other circumstances.

(9) The distance between the parents' residences, the cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement.

(10) Whether a restriction on decision-making is appropriate under Section 603.10.

(11) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

(12) Any other factor that the court expressly finds to be relevant.

(d) If, over the prior 24 months preceding the filing of the petition, or, if the child is under age 2, since the child's birth, each parent has been exercising significant decision-making responsibilities with respect to the child, the court shall presume that it is in the child's best interests to allocate significant decision-making responsibilities to each parent. The presumption shall be overcome if there has been a history of domestic violence or abuse, or if it is shown that an allocation of any significant decision-making responsibilities to one of the parents is not in the child's best interests.

(e) A parent shall have sole responsibility for making routine decisions with respect to the child and for emergency decisions affecting the child's health and safety during that parent's parenting time.

(f) In allocating significant decision-making responsibilities, the court shall not consider conduct of a parent that does not affect that parent's relationship to the child.

(g) An equitable parent who is allocated significant decision-making responsibilities is not entitled to access to the child's school or health care records unless a court finds that it is in the child's best interests to provide those records to the parent.

(750 ILCS 5/602.7 new)

Sec. 602.7. Allocation of parental responsibilities: parenting time.

(a) Generally. The court shall allocate parenting time according to the child's best interests.

(b) Allocation of parenting time. Unless the parents present an agreed written and notarized parenting plan and that plan is approved by the court, the court shall allocate parenting time. The court shall not place any restrictions on parenting time as defined in Section 600 and described in Section 603.10 unless it finds by a preponderance of the evidence that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral, or emotional health.

In determining the child's best interests for purposes of allocating parenting time, the court shall consider all relevant factors, including, without limitation, the following:

(1) The wishes of each parent seeking parenting time.

(2) The wishes of a child who is sufficiently mature to express reasoned and independent preferences as to parenting time.

(3) The amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child is under 2 years of age, since the child's birth.

(4) Any prior agreement or course of conduct between the parents relating to caretaking functions with respect to the child.

(5) The interaction and interrelationship of the child with his or her parents and siblings and with any other person who may significantly affect the child's best interests.

(6) The child's adjustment to his or her home, school, and community.

(7) The mental and physical health of all individuals involved.

(8) The child's needs in light of economic, physical, or other circumstances.

(9) The distance between the parents' residences, the cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement.

(10) The occurrence of abuse, whether directed against the child or directed against another person.

(11) Whether a restriction on parenting time is appropriate.

(12) The physical violence or threat of physical violence by a parent, whether directed against the child or directed against another person.

(13) The willingness and ability of each parent to place the needs of the child ahead of his or her own needs.

(14) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

(15) Any other factor that the court expressly finds to be relevant.

(c) In allocating parenting time, the court shall not consider conduct of a parent that does not affect that parent's relationship to the child.

(d) A parent, other than a legal parent, who is allocated parenting time is not entitled to access to the child's school or health care records unless a court finds that it is in the child's best interests to provide those records to the parent.

(750 ILCS 5/602.10 new)

Sec. 602.10. Parenting plan.

(a) Generally. All parents, within 90 days after service or filing of any petition for allocation of parental responsibilities, must file with the court, either jointly or separately, a proposed parenting plan supported by an affidavit or affidavits that comply with subsection (g).

(b) No parenting plan filed. In the absence of filing of one or more parenting plans with supporting affidavits, the court must conduct an evidentiary hearing to allocate parental responsibilities.

(c) Mediation. The court may order mediation to assist the parents in formulating or modifying a parenting plan or in implementing a parenting plan. The court may allocate the cost of such mediation between the parties.

(d) Parents' agreement on parenting plan. The parents may agree on a parenting plan at any time. The parenting plan must be in writing and signed by all parents. The parents must submit the parenting plan to the court for approval within 90 days after service of a petition for allocation of parental responsibilities or the filing of an appearance. The parenting plan must be accompanied by a joint affidavit that complies with subsection (g), unless the filing of such an affidavit is excused by the court. If the court does not approve the parenting plan, the court shall make express findings of the reason or reasons for its refusal to approve the plan. The court, on its own motion, may conduct an evidentiary hearing to determine whether the parenting plan is in the child's best interests.

(e) Parents cannot agree on parenting plan. Each parent must file and submit a written, signed parenting plan to the court within 90 days after service of a petition for allocation of parental responsibilities or the filing of an appearance. The plan must be accompanied by a separate affidavit that complies with subsection (g). The filing of the plan and affidavit may be excused by the court if:

(1) the parties have commenced mediation for the purpose of formulating a parenting plan; or

(2) the parents have agreed in writing to extend the time for filing a proposed plan and supporting affidavit and the court has approved such an extension; or

(3) the court orders otherwise for good cause shown.

(f) Parenting plan contents. At a minimum, a parenting plan must set forth the following:

(1) An allocation of significant decision-making responsibilities.

(2) Provisions for the child's living arrangements and for each parent's parenting time, including either:

(A) a schedule that designates in which parent's home the minor child will reside on given days; or

(B) a formula or method for determining such a schedule in sufficient detail to be enforced in a subsequent proceeding.

(3) A mediation provision addressing any proposed revisions or disputes, except that this provision is not required if one parent is allocated all significant decision-making responsibilities.

(4) Each parent's right of access to medical, dental, and psychological records (subject to the Mental Health and Developmental Disabilities Confidentiality Act), child care records, and school and extracurricular records, reports, and schedules, unless expressly denied by a court order or denied under subsection (g) of Section 602.5.

(5) A designation of the parent who will be denominated as the parent with the majority of the residential responsibility for purposes of Section 606.10.

(6) The child's residential address for school enrollment purposes only.

(7) Each parent's residence address and phone number, and each parent's place of employment and employment address and phone number.

(8) A requirement that a parent changing his or her residence provide at least 60 days prior written notice of the change to any other parent under the parenting plan or allocation judgment, unless such notice is impracticable or unless otherwise ordered by the court. If such notice is impracticable, written notice shall be given at the earliest date practicable. At a minimum, the notice shall set forth the following:

(A) The intended date of the change of residence.

(B) The address of the new residence.

(9) Provisions requiring each parent to notify the other of emergencies, health care, travel plans, or other significant child-related issues.

(10) Transportation arrangements between the parents.

(11) Provisions for communications with the child during the other parent's parenting time.

(12) Provisions for resolving issues arising from a parent's future relocation.

(13) Provisions for future modifications of the parenting plan, if specified events occur.

(14) Any other provision that addresses the child's best interests or that will otherwise facilitate cooperation between the parents.

(g) Affidavit. The affidavit supporting a proposed parenting plan must contain, to the best of the affiant's knowledge, all of the following:

(1) The name and address of the child, every parent, and any other person previously appearing in any prior allocation proceeding.

(2) The name and address of every person with whom the child has lived for one year or more, and the period of time during which the child and each such person lived together. If the child is less than one year old, the affidavit must contain the name and address of any person with whom the child lived for more than 60 days.

(3) A summary of the caretaking functions performed by each person identified under paragraph (2), including such functions performed during at least the 24 months preceding the filing of the action for allocation of parental responsibilities.

(4) A schedule of each parent's current hours of employment, availability to perform caretaking functions with respect to the child, existing child care arrangements, and any anticipated changes.

(5) A summary schedule of the child's school and extracurricular activities.

(6) A summary of any relevant existing risk factors, including orders arising from allegations of abuse and the case number and issuing court.

(7) A summary of the known areas of agreement and disagreement between the parents concerning a proposed parenting plan.

(750 ILCS 5/603.5 new)

Sec. 603.5. Temporary orders.

(a) A court may order a temporary allocation of parental responsibilities in the child's best interests before the entry of a final allocation judgment. Any such temporary allocation shall be made in accordance with the standards set forth in Sections 602.5 and 602.7 (i) after a hearing or (ii) if there is no objection, on the basis of affidavits that, at a minimum, comply with subsection (e) of Section 602.10.

(b) A temporary order allocating parental responsibilities shall be deemed vacated when the action in which it was granted is dismissed, unless a parent moves to continue the action for allocation of parental responsibilities filed under Section 601.5.

(c) A temporary order allocating parental responsibilities does not preclude access to the child by a parent who has been exercising a reasonable share of caretaking functions with respect to the child, unless a denial of such access is in the child's best interests as determined in accordance with Section 602.5.

(750 ILCS 5/603.10 new)

Sec. 603.10. Restriction of parental responsibilities.

(a) After hearing, if the court finds by a preponderance of the evidence that a parent engaged in any conduct that seriously endangered the child's mental, moral, or physical health or that significantly impaired the child's emotional development, the court shall enter orders as necessary to protect the child. Such orders may include, but are not limited to, orders for one or more of the following:

(1) A reduction, elimination, or other adjustment of the parent's decision-making responsibilities or parenting time, or both decision-making responsibilities and parenting time.

(2) Supervision, including ordering the Department of Children and Family Services to exercise continuing supervision under Section 5 of the Children and Family Services Act to ensure compliance with the allocation judgment.

(3) Requiring the exchange of the child between the parents through an intermediary or in a protected setting.

(4) Restraining a parent's communication with or proximity to the other parent or the child.

(5) Requiring a parent to abstain from possessing or consuming alcohol or non-prescribed drugs while exercising parenting time with the child and within a specified period immediately preceding the exercise of parenting time.

(6) Restricting the presence of specific persons while a parent is exercising parenting time with the child.

(7) Requiring a parent to post a bond to secure the return of the child following the parent's exercise of parenting time or to secure other performance required by the court.

(8) Requiring a parent to complete a treatment program for perpetrators of abuse, for drug or alcohol abuse, or for other behavior that is the basis for restricting parental responsibilities under this Section.

(9) Any other constraints or conditions that the court deems necessary to provide for the child's safety or welfare.

(b) The court may modify an order restricting parental responsibilities if the court finds, after hearing, by a preponderance of the evidence that a modification is in the child's best interests based on (i) a change of circumstances that occurred after the entry of an order restricting parental responsibilities or (ii) conduct of which the court was previously unaware that seriously endangers the child. In determining whether to modify an order under this subsection, the court must consider factors that include, but need not be limited to, the following:

(1) Abuse, neglect, or abandonment of the child.

(2) Abusing or allowing abuse of another person that had an impact upon the child.

(3) Use of drugs, alcohol, or any other substance in a way that interferes with the parent's ability to perform caretaking functions with respect to the child.

(4) Persistent continuing interference with the other parent's access to the child, except for actions taken with a reasonable, good-faith belief that they are necessary to protect the child's safety pending adjudication of the facts underlying that belief, provided that the interfering parent initiates a proceeding to determine those facts as soon as practicable.

(c) An order granting parenting time to a parent may be revoked by the court if that parent is found to have knowingly used his or her parenting time to facilitate contact between the child and a parent who has been barred from contact with the child or to have knowingly used his or her parenting time to facilitate contact with the child that violates any restrictions imposed on the parent's parenting time by a court of competent jurisdiction. Nothing in this subsection limits a court's authority to enforce its orders in any other manner authorized by law.

(d) An order granting parenting time with a child whose parent is prohibited from contact with the child, or whose parenting time is restricted, shall contain the following provision:

"If a parent granted parenting time under this Order uses that time to facilitate contact between the child and a parent whose parenting time is restricted, or if such a parent violates any restrictions placed on his or her parenting time by the court, the parenting time granted under this Order shall be revoked until further order of court."

(e) A parent who has been convicted of any offense involving an illegal sex act perpetrated upon a victim less than 18 years of age, including but not limited to an offense under Article 12 of the Criminal Code of 1961, is not entitled to parenting time while incarcerated or while on parole, probation, conditional discharge, periodic imprisonment, or mandatory supervised release for a felony offense, until the parent complies with such terms and conditions as the court determines are in the child's best interests.

(f) A parent may not, while the child is present, visit any other parent of the child who has been convicted of first degree murder unless the court finds, after considering all relevant factors, including those set forth in subsection (c) of Section 602.5, that it would be in the child's best interests to allow the child to be present during such a visit.

(750 ILCS 5/604.10 new)

Sec. 604.10. Interviews; evaluations; investigation.

(a) Court's interview of child. The court may interview the child in chambers to ascertain the child's wishes as to the allocation of parental responsibilities. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The entire interview shall be recorded by a court reporter. The transcript of the interview shall be filed under seal and released only upon order of the court. The cost of the court reporter and transcript shall be paid by the court.

(b) Court's professional. The court may seek the advice of any professional, whether or not regularly employed by the court, to assist the court in determining the child's best interests. The advice to the court shall be in writing and sent by the professional to counsel for the parties and to the court, under seal. The writing may be admitted into evidence without testimony from its author, unless a party objects. A professional consulted by the court shall testify as the court's witness. The court shall order all costs and fees of the professional to be paid by one or more of the parties, subject to reallocation in accordance with subsection (a) of Section 508.

(c) Evaluation by a party's retained professional. In a proceeding to allocate parental responsibilities or to relocate a child from Illinois, upon notice and motion made by a parent or any party to the litigation within a reasonable time before trial, the court shall order an evaluation to assist the court in determining the child's best interests. The evaluation may be in place of or in addition to any advice given to the court by a professional under subsection (b). A motion for an evaluation under this subsection must, at a minimum, identify the proposed evaluator and the evaluator's specialty or discipline. An order for an evaluation under this subsection must set forth the evaluator's name, address, and telephone number and the time, place, conditions, and scope of the evaluation. No person shall be required to travel an unreasonable distance for the evaluation. The party requesting the evaluation shall pay the evaluator's fees and costs unless otherwise ordered by the court.

The evaluator's report must, at a minimum, set forth the following:

(1) A description of the procedures employed during the evaluation.

(2) A report of the data collected.

(3) All test results.

(4) Any conclusions of the evaluator relating to the allocation of parental responsibilities under Sections 602.5 and 602.7.

(5) Any recommendations of the evaluator concerning the allocation of parental responsibilities or the child's relocation from Illinois.

(6) An explanation of any limitations in the evaluation or any reservations of the evaluator regarding the resulting recommendations.

A party who retains a professional to conduct an evaluation under this subsection shall cause the evaluator's written report to be sent to the attorneys of record no less than 60 days before the hearing on the allocation of parental responsibilities, unless otherwise ordered by the court; if a party fails to comply with this provision, the court may not admit the evaluator's report into evidence and may not allow the evaluator to testify.

The party calling an evaluator to testify at trial shall disclose the evaluator as a controlled expert witness in accordance with the Supreme Court rules.

Any party to the litigation may call the evaluator as a witness. That party shall pay the evaluator's fees and costs for testifying, unless otherwise ordered by the court.

(d) Investigation. Upon notice and a motion by a parent or any party to the litigation, or upon the court's own motion, the court may order an investigation and report to assist the court in allocating parental responsibilities. The investigation may be made by any child welfare agency approved by the Department of Children and Family Services, but shall not be made by that Department unless the court determines either that there is no child welfare agency available or that no party is financially able to pay for the investigation. The court shall specify the purpose and scope of the investigation.

The investigator shall send his or her report to all attorneys of record, and to any party not represented, at least 60 days before the hearing on the allocation of parental responsibilities. The court shall examine and consider the investigator's report only after it has been admitted into evidence or after the parties have waived their right to cross-examine the investigator.

The investigator shall make available to all attorneys of record, and to any party not represented, the investigator's file, and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call the investigator, or any person consulted by the investigator as a court's witness, for cross-examination. No fees shall be paid for any investigation by a governmental agency. The fees incurred by any other investigator shall be allocated in accordance with Section 508.

(e) The Supreme Court of Illinois, through its Administrative Office of the Illinois Courts, shall approve 3 hours of training for all of the following:

(1) Any professional whose advice the court seeks under subsection (b) of this Section.

(2) Any professional who conducts an evaluation under subsection (c) of this Section.

(3) Any individual who conducts an investigation under subsection (d) of this Section.

(4) Any guardian ad litem or other individual appointed by the court to represent a child in a proceeding concerning the allocation of parental responsibilities with respect to the child.

The training shall include a component on the dynamics of domestic violence and its effect on parents and children.

(750 ILCS 5/606.5 new)

Sec. 606.5. Hearings.

(a) Proceedings to allocate parental responsibilities shall receive priority in being set for hearing.

(b) The court, without a jury, shall determine questions of law and fact.

(c) Previous statements made by the child relating to any allegations that the child is an abused or neglected child within the meaning of the Abused and Neglected Child Reporting Act, or an abused or neglected minor within the meaning of the Juvenile Court Act of 1987, shall be admissible in evidence in a hearing concerning allocation of parental responsibilities. No such statement, however, if uncorroborated and not subject to cross examination, shall be sufficient in itself to support a finding of abuse or neglect.

(d) If the court finds that a public hearing may be detrimental to the child's best interests, the court shall exclude the public from the hearing, but the court may admit any person having:

(1) a direct and legitimate interest in the case; or

(2) a legitimate educational or research interest in the work of the court, but only with the permission of one of the parties.

(e) The court may make an appropriate order sealing the records of any interview, report, investigation, or testimony.

(750 ILCS 5/606.10 new)

Sec. 606.10. Designation of custodian for purposes of other statutes. Solely for the purposes of all State and federal statutes that require a designation or determination of custody or a custodian, a parenting plan shall designate the parent who is allocated the majority of residential responsibility. This designation shall not affect parents' rights and responsibilities under the parenting plan.

(750 ILCS 5/607.5 new)

Sec. 607.5. Abuse of allocated parenting time.

(a) The court shall provide an expedited procedure for the enforcement of allocated parenting time.

(b) An action for the enforcement of allocated parenting time may be commenced by a parent or a person appointed under Section 506 by filing a petition setting forth: (i) the petitioner's name, residence address or mailing address, and phone number; (ii) the respondent's name and place of residence, place of employment, or mailing address; (iii) the terms of the parenting plan or allocation judgment then in effect; (iv) the nature of the violation of the allocation of parenting time, giving dates and other relevant information; and (v) that a reasonable attempt was made to resolve the dispute.

(c) If the court finds by a preponderance of the evidence that a parent has not complied with allocated parenting time according to an approved parenting plan or a court order, the court, in the child's best interests, shall issue an order that may include one or more of the following:

(1) An imposition of additional terms and conditions consistent with the court's previous allocation of parenting time or other order.

(2) A requirement that either or both of the parties attend a parental education program at the expense of the non-complying parent.

(3) A requirement that the parties participate in family counseling at the expense of the non-complying parent.

(4) A requirement that the non-complying parent post a cash bond or other security to ensure future compliance, including a provision that the bond or other security may be forfeited to the other parent for payment of expenses on behalf of the child as the court shall direct.

(5) A requirement that makeup parenting time be provided for the aggrieved parent or child under the following conditions:

(A) That such parenting time is of the same type and duration as the parenting time that was denied, including but not limited to parenting time during weekends, on holidays, and on weekdays and during times when the child is not in school.

(B) That such parenting time is made up within 6 months after the noncompliance occurs, unless the period of time or holiday cannot be made up within 6 months, in which case the parenting time shall be made up within one year after the noncompliance occurs.

(6) A finding that the non-complying parent is in contempt of court.

(7) Imposing on the non-complying parent an appropriate civil fine per incident of denied parenting time.

(8) A requirement that the non-complying parent reimburse the other parent for all reasonable expenses incurred as a result of the violation of the parenting plan or court order.

(9) Any other provision that may promote the child's best interests.

(d) In addition to any other order entered under subsection (c), the court shall order a parent who has failed to provide allocated parenting time or to exercise allocated parenting time to pay the aggrieved party his or her reasonable attorney's fees, court costs, and expenses associated with an action brought under this Section. If the court finds that the respondent in an action brought under this Section has not violated the allocated parenting time, the court may order the petitioner to pay the respondent's reasonable attorney's fees, court costs, and expenses incurred in the action.

(e) Nothing in this Section precludes a party from maintaining any other action as provided by law.

(750 ILCS 5/609.2 new)

Sec. 609.2. Parent's relocation.

(a) A parent's relocation constitutes a substantial change in circumstances for purposes of Section 610.5.

(b) Only a parent who has been allocated a majority of parenting time may seek to relocate with a child, except that when parents have equal parenting time, either parent may seek to relocate with a child.

(c) Any parent intending to relocate must provide at least 60 days prior written notice to any other parent under the parenting plan or allocation judgment unless such notice is impracticable (in which case written notice shall be given at the earliest date practicable) or unless otherwise ordered by the court. At a minimum, the notice must set forth the following:

(1) The intended date of the parent's relocation.

(2) The address of the parent's intended new residence, if known.

(3) The specific reasons for the parent's intended relocation.

(4) A proposal modifying the parents' parental responsibilities, if necessary, in light of the relocation.

(5) If the parent's intended relocation requires a change in the child's school, a statement of how the relocating parent intends to meet the child's educational needs.

The court may consider a parent's failure to comply with the notice requirements of this Section without good cause (i) as a factor in determining whether the parent's relocation is in good faith and (ii) as a basis for awarding reasonable attorney's fees and costs resulting from the parent's failure to comply with these provisions.

(d) If a parent receives a written notice of the other parent's intent to relocate and objects to the relocation, then no later than 30 days after receiving the notice, the objecting parent must file a petition setting forth objections to the proposed relocation. A petition filed under this subsection shall be expeditiously heard by the court. A parent's failure to file for the relief provided under this subsection constitutes a waiver of that parent's objections to the relocation. If the court finds that objections are made in bad faith, it shall award reasonable attorney's fees and costs to the other party.

(e) The court shall modify the parenting plan or allocation judgment to accommodate a parent's relocation as agreed by the parents as long as the agreed modification is in the child's best interests.

(f) The court shall modify the parenting plan or allocation judgment to accommodate the relocation without changing the proportion of parental responsibilities between the parties, if practicable, as long as such a modification is in the child's best interests.

(g) If a parent's relocation makes it impracticable to maintain the same proportion of parental responsibilities between the parties, the court shall modify the parenting plan or allocation judgment in accordance with the child's best interests. The court shall consider the following factors:

(1) The factors set forth in subsection (c) of this Section.

(2) The reasons, if any, why a parent is objecting to the intended relocation.

(3) The history and quality of each parent's relationship with the child since the implementation of any previous parenting plan or allocation judgment.

(4) The educational opportunities for the child at the existing location and at the proposed new location.

(5) The presence or absence of extended family at the existing location and at the proposed new location.

(6) The anticipated impact of the relocation on the child.

(7) Whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs.

(8) The wishes of the child after taking into consideration the child's age and maturity.

(9) Whether the intended relocation is valid, in good faith, and to a location that is reasonable in light of the purpose.

(10) Possible arrangements for the exercise of parental responsibilities appropriate to the parents' resources and circumstances and the developmental level of the child.

(11) Minimization of the impairment to a parent-child relationship caused by a parent's relocation.

(12) Any other relevant factors bearing on the child's best interests.

(h) Unless the non-relocating parent demonstrates that a reallocation of parental responsibilities is necessary to prevent harm to the child, the court shall deny the non-relocating parent's request for a reallocation of parental responsibilities based on relocation if the non-relocating parent either:

(1) failed to object to the relocation within the time allowed; or

(2) has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment.

(750 ILCS 5/610.5 new)

Sec. 610.5. Modification.

(a) Except in a case concerning the modification of any restriction of parental responsibilities under Section 603.10, the court shall modify a parenting plan or allocation judgment when necessary to serve the child's best interests if the court finds, by a preponderance of the evidence, that:

(1) on the basis of facts that have arisen since the entry of the existing parenting plan or allocation judgment or were not anticipated therein, a substantial change has occurred in the circumstances of the child or of any parent and that a modification is necessary to serve the child's best interests; or

(2) the existing allocation of parental responsibilities seriously endangers the child's physical, mental, moral, or emotional health.

(b) The court shall modify a parenting plan or allocation judgment in accordance with a parental agreement, unless it finds that the modification is not in the child's best interests.

(c) The court may modify a parenting plan or allocation judgment without a showing of changed circumstances if (i) the modification is in the child's best interests and (ii) any of the following are proven as to the modification:

(A) The modification reflects the actual arrangement under which the child has been receiving care, without parental objection, for the 6 months preceding the filing of the petition for modification, provided that the arrangement is not the result of a parent's acquiescence resulting from circumstances that negated the parent's ability to give meaningful consent.

(B) The modification constitutes a minor modification in the parenting plan or allocation judgment.

(C) The modification is necessary to modify an agreed parenting plan or allocation judgment that the court would not have ordered or approved under Section 602.5 or 602.7 had the court been aware of the circumstances at the time of the order or approval.

(d) Attorney's fees and costs shall be assessed against a party seeking modification if the court finds that the modification action is vexatious or constitutes harassment.

(750 ILCS 5/612 new)

Sec. 612. Application of provisions concerning allocation of parental responsibilities.

(a) The changes made by this amendatory Act of the 94th General Assembly apply to all proceedings commenced on or after the effective date of this amendatory Act of the 94th General Assembly.

(b) The changes made by this amendatory Act of the 94th General Assembly apply to all actions pending on the effective date of this amendatory Act of the 94th General Assembly and to all proceedings commenced before that effective date with respect to issues on which a judgment has not been entered. Evidence adduced after the effective date of this amendatory Act of the 94th General Assembly shall comply with the changes made by this amendatory Act of the 94th General Assembly.

(c) The changes made by this amendatory Act of the 94th General Assembly apply to all proceedings commenced on or after the effective date of this amendatory Act of the 94th General Assembly for the modification of a judgment or order entered before that effective date.

(d) In any action or proceeding in which an appeal was pending or a new trial was ordered before the effective date of this amendatory Act of the 94th General Assembly, the law in effect at the time of the order sustaining the appeal or the new trial governs the appeal, the new trial, and any subsequent trial or appeal.

(750 ILCS 5/601 rep.)

(750 ILCS 5/601.5 rep.)

(750 ILCS 5/602 rep.)

(750 ILCS 5/602.1 rep.)

(750 ILCS 5/603 rep.)

(750 ILCS 5/604 rep.)

(750 ILCS 5/604.5 rep.)

(750 ILCS 5/605 rep.)

(750 ILCS 5/606 rep.)

(750 ILCS 5/607 rep.)

(750 ILCS 5/607.1 rep.)

(750 ILCS 5/608 rep.)

(750 ILCS 5/609 rep.)

(750 ILCS 5/610 rep.)

(750 ILCS 5/611 rep.)

Section 16. The Illinois Marriage and Dissolution of Marriage Act is amended by repealing Sections 601, 601.5, 602, 602.1, 603, 604, 604.5, 605, 606, 607, 607.1, 608, 609, 610, and 611.

Section 20. The Illinois Parentage Act of 1984 is amended by changing Section 16 as follows:

(750 ILCS 45/16) (from Ch. 40, par. 2516)

Sec. 16. Modification of Judgment. The court has continuing jurisdiction to modify an order for support or for allocation of decision-making parental responsibilities or parenting time or accommodating a parent's relocation , custody, visitation, or removal included in a judgment entered under this Act. Any modification of a judgment allocating decision-making responsibilities or parenting time or accommodating a parent's relocation custody, visitation, or removal judgment modification shall be in accordance with the relevant factors specified in the Illinois Marriage and Dissolution of Marriage Act, including Section 609.2 609. Any support judgment is subject to modification or termination only in accordance with Section 510 of the Illinois Marriage and Dissolution of Marriage Act.

(Source: P.A. 93-139, eff. 7-10-03.)

Section 25. The Illinois Domestic Violence Act of 1986 is amended by changing Sections 214 and 223 as follows:

(750 ILCS 60/214) (from Ch. 40, par. 2312-14)

Sec. 214. Order of protection; remedies.

(a) Issuance of order. If the court finds that petitioner has been abused by a family or household member or that petitioner is a high-risk adult who has been abused, neglected, or exploited, as defined in this Act, an order of protection prohibiting the abuse, neglect, or exploitation shall issue; provided that petitioner must also satisfy the requirements of one of the following Sections, as appropriate: Section 217 on emergency orders, Section 218 on interim orders, or Section 219 on plenary orders. Petitioner shall not be denied an order of protection because petitioner or respondent is a minor. The court, when determining whether or not to issue an order of protection, shall not require physical manifestations of abuse on the person of the victim. Modification and extension of prior orders of protection shall be in accordance with this Act.

(b) Remedies and standards. The remedies to be included in an order of protection shall be determined in accordance with this Section and one of the following Sections, as appropriate: Section 217 on emergency orders, Section 218 on interim orders, and Section 219 on plenary orders. The remedies listed in this subsection shall be in addition to other civil or criminal remedies available to petitioner.

(1) Prohibition of abuse, neglect, or exploitation. Prohibit respondent's harassment, interference with personal liberty, intimidation of a dependent, physical abuse, or willful deprivation, neglect or exploitation, as defined in this Act, or stalking of the petitioner, as defined in Section 12-7.3 of the Criminal Code of 1961, if such abuse, neglect, exploitation, or stalking has occurred or otherwise appears likely to occur if not prohibited.

(2) Grant of exclusive possession of residence. Prohibit respondent from entering or remaining in any residence or household of the petitioner, including one owned or leased by respondent, if petitioner has a right to occupancy thereof. The grant of exclusive possession of the residence shall not affect title to real property, nor shall the court be limited by the standard set forth in Section 701 of the Illinois Marriage and Dissolution of Marriage Act.

(A) Right to occupancy. A party has a right to occupancy of a residence or household if it is solely or jointly owned or leased by that party, that party's spouse, a person with a legal duty to support that party or a minor child in that party's care, or by any person or entity other than the opposing party that authorizes that party's occupancy (e.g., a domestic violence shelter). Standards set forth in subparagraph (B) shall not preclude equitable relief.

(B) Presumption of hardships. If petitioner and respondent each has the right to occupancy of a residence or household, the court shall balance (i) the hardships to respondent and any minor child or dependent adult in respondent's care resulting from entry of this remedy with (ii) the hardships to petitioner and any minor child or dependent adult in petitioner's care resulting from continued exposure to the risk of abuse (should petitioner remain at the residence or household) or from loss of possession of the residence or household (should petitioner leave to avoid the risk of abuse). When determining the balance of hardships, the court shall also take into account the accessibility of the residence or household. Hardships need not be balanced if respondent does not have a right to occupancy.

The balance of hardships is presumed to favor possession by petitioner unless the presumption is rebutted by a preponderance of the evidence, showing that the hardships to respondent substantially outweigh the hardships to petitioner and any minor child or dependent adult in petitioner's care. The court, on the request of petitioner or on its own motion, may order respondent to provide suitable, accessible, alternate housing for petitioner instead of excluding respondent from a mutual residence or household.

(3) Stay away order and additional prohibitions. Order respondent to stay away from petitioner or any other person protected by the order of protection, or prohibit respondent from entering or remaining present at petitioner's school, place of employment, or other specified places at times when petitioner is present, or both, if reasonable, given the balance of hardships. Hardships need not be balanced for the court to enter a stay away order or prohibit entry if respondent has no right to enter the premises.

If an order of protection grants petitioner exclusive possession of the residence, or prohibits respondent from entering the residence, or orders respondent to stay away from petitioner or other protected persons, then the court may allow respondent access to the residence to remove items of clothing and personal adornment used exclusively by respondent, medications, and other items as the court directs. The right to access shall be exercised on only one occasion as the court directs and in the presence of an agreed-upon adult third party or law enforcement officer.

(4) Counseling. Require or recommend the respondent to undergo counseling for a specified duration with a social worker, psychologist, clinical psychologist, psychiatrist, family service agency, alcohol or substance abuse program, mental health center guidance counselor, agency providing services to elders, program designed for domestic violence abusers or any other guidance service the court deems appropriate.

(5) Physical care and possession of the minor child. In order to protect the minor child from abuse, neglect, or unwarranted separation from the person who has been the minor child's primary caretaker, or to otherwise protect the well-being of the minor child, the court may do either or both of the following: (i) grant petitioner physical care or possession of the minor child, or both, or (ii) order respondent to return a minor child to, or not remove a minor child from, the physical care of a parent or person in loco parentis.

If a court finds, after a hearing, that respondent has committed abuse (as defined in Section 103) of a minor child, there shall be a rebuttable presumption that awarding physical care to respondent would not be in the minor child's best interest.

(6) Temporary allocation of parental responsibilities legal custody. Award temporary parental responsibility legal custody to petitioner in accordance with this Section, the Illinois Marriage and Dissolution of Marriage Act, the Illinois Parentage Act of 1984, and this State's Uniform Child-Custody Jurisdiction and Enforcement Act.

If a court finds, after a hearing, that respondent has committed abuse (as defined in Section 103) of a minor child, there shall be a rebuttable presumption that awarding temporary parental responsibility legal custody to respondent would not be in the child's best interest.

(7) Parenting time Visitation. Determine the parenting time visitation rights, if any, of respondent in any case in which the court awards physical care or allocates temporary parental responsibility legal custody of a minor child to petitioner. The court shall restrict or deny respondent's parenting time visitation with a minor child if the court finds that respondent has done or is likely to do any of the following: (i) abuse or endanger the minor child during parenting time visitation; (ii) use the parenting time visitation as an opportunity to abuse or harass petitioner or petitioner's family or household members; (iii) improperly conceal or detain the minor child; or (iv) otherwise act in a manner that is not in the best interests of the minor child. The court shall not be limited by the standards set forth in Section 603.10 607.1 of the Illinois Marriage and Dissolution of Marriage Act. If the court grants parenting time visitation, the order shall specify dates and times for the parenting time visitation to take place or other specific parameters or conditions that are appropriate. No order for parenting time visitation shall refer merely to the term "reasonable parenting time visitation".

Petitioner may deny respondent access to the minor child if, when respondent arrives for parenting time visitation, respondent is under the influence of drugs or alcohol and constitutes a threat to the safety and well-being of petitioner or petitioner's minor children or is behaving in a violent or abusive manner.

If necessary to protect any member of petitioner's family or household from future abuse, respondent shall be prohibited from coming to petitioner's residence to meet the minor child for parenting time visitation, and the parties shall submit to the court their recommendations for reasonable alternative arrangements for parenting time visitation. A person may be approved to supervise parenting time visitation only after filing an affidavit accepting that responsibility and acknowledging accountability to the court.

(8) Removal or concealment of minor child. Prohibit respondent from removing a minor child from the State or concealing the child within the State.

(9) Order to appear. Order the respondent to appear in court, alone or with a minor child, to prevent abuse, neglect, removal or concealment of the child, to return the child to the custody or care of the petitioner or to permit any court-ordered interview or examination of the child or the respondent.

(10) Possession of personal property. Grant petitioner exclusive possession of personal property and, if respondent has possession or control, direct respondent to promptly make it available to petitioner, if:

(i) petitioner, but not respondent, owns the property; or

(ii) the parties own the property jointly; sharing it would risk abuse of petitioner by respondent or is impracticable; and the balance of hardships favors temporary possession by petitioner.

If petitioner's sole claim to ownership of the property is that it is marital property, the court may award petitioner temporary possession thereof under the standards of subparagraph (ii) of this paragraph only if a proper proceeding has been filed under the Illinois Marriage and Dissolution of Marriage Act, as now or hereafter amended.

No order under this provision shall affect title to property.

(11) Protection of property. Forbid the respondent from taking, transferring, encumbering, concealing, damaging or otherwise disposing of any real or personal property, except as explicitly authorized by the court, if:

(i) petitioner, but not respondent, owns the property; or

(ii) the parties own the property jointly, and the balance of hardships favors granting this remedy.

If petitioner's sole claim to ownership of the property is that it is marital property, the court may grant petitioner relief under subparagraph (ii) of this paragraph only if a proper proceeding has been filed under the Illinois Marriage and Dissolution of Marriage Act, as now or hereafter amended.

The court may further prohibit respondent from improperly using the financial or other resources of an aged member of the family or household for the profit or advantage of respondent or of any other person.

(12) Order for payment of support. Order respondent to pay temporary support for the petitioner or any child in the petitioner's care or over whom the petitioner has been allocated parental responsibility custody, when the respondent has a legal obligation to support that person, in accordance with the Illinois Marriage and Dissolution of Marriage Act, which shall govern, among other matters, the amount of support, payment through the clerk and withholding of income to secure payment. An order for child support may be granted to a petitioner with lawful physical care or custody of a child, or an order or agreement for physical care of a child or custody, prior to entry of an order allocating parental responsibility for legal custody. Such a support order shall expire upon entry of a valid order allocating parental responsibility differently granting legal custody to another, unless otherwise provided in the custody order.

(13) Order for payment of losses. Order respondent to pay petitioner for losses suffered as a direct result of the abuse, neglect, or exploitation. Such losses shall include, but not be limited to, medical expenses, lost earnings or other support, repair or replacement of property damaged or taken, reasonable attorney's fees, court costs and moving or other travel expenses, including additional reasonable expenses for temporary shelter and restaurant meals.

(i) Losses affecting family needs. If a party is entitled to seek maintenance, child support or property distribution from the other party under the Illinois Marriage and Dissolution of Marriage Act, as now or hereafter amended, the court may order respondent to reimburse petitioner's actual losses, to the extent that such reimbursement would be "appropriate temporary relief", as authorized by subsection (a)(3) of Section 501 of that Act.

(ii) Recovery of expenses. In the case of an improper concealment or removal of a minor child, the court may order respondent to pay the reasonable expenses incurred or to be incurred in the search for and recovery of the minor child, including but not limited to legal fees, court costs, private investigator fees, and travel costs.

(14) Prohibition of entry. Prohibit the respondent from entering or remaining in the residence or household while the respondent is under the influence of alcohol or drugs and constitutes a threat to the safety and well-being of the petitioner or the petitioner's children.

(14.5) Prohibition of firearm possession.

(a) When a complaint is made under a request for an order of protection, that the respondent has threatened or is likely to use firearms illegally against the petitioner, and the respondent is present in court, or has failed to appear after receiving actual notice, the court shall examine on oath the petitioner, and any witnesses who may be produced. If the court is satisfied that there is any danger of the illegal use of firearms, it shall issue an order that any firearms in the possession of the respondent, except as provided in subsection (b), be turned over to the local law enforcement agency for safekeeping. If the respondent has failed to appear, the court shall issue a warrant for seizure of any firearm in the possession of the respondent. The period of safekeeping shall be for a stated period of time not to exceed 2 years. The firearm or firearms shall be returned to the respondent at the end of the stated period or at expiration of the order of protection, whichever is sooner.

(b) If the respondent is a peace officer as defined in Section 2-13 of the Criminal Code of 1961, the court shall order that any firearms used by the respondent in the performance of his or her duties as a peace officer be surrendered to the chief law enforcement executive of the agency in which the respondent is employed, who shall retain the firearms for safekeeping for the stated period not to exceed 2 years as set forth in the court order.

(15) Prohibition of access to records. If an order of protection prohibits respondent from having contact with the minor child, or if petitioner's address is omitted under subsection (b) of Section 203, or if necessary to prevent abuse or wrongful removal or concealment of a minor child, the order shall deny respondent access to, and prohibit respondent from inspecting, obtaining, or attempting to inspect or obtain, school or any other records of the minor child who is in the care of petitioner.

(16) Order for payment of shelter services. Order respondent to reimburse a shelter providing temporary housing and counseling services to the petitioner for the cost of the services, as certified by the shelter and deemed reasonable by the court.

(17) Order for injunctive relief. Enter injunctive relief necessary or appropriate to prevent further abuse of a family or household member or further abuse, neglect, or exploitation of a high-risk adult with disabilities or to effectuate one of the granted remedies, if supported by the balance of hardships. If the harm to be prevented by the injunction is abuse or any other harm that one of the remedies listed in paragraphs (1) through (16) of this subsection is designed to prevent, no further evidence is necessary that the harm is an irreparable injury.

(c) Relevant factors; findings.

(1) In determining whether to grant a specific remedy, other than payment of support, the court shall consider relevant factors, including but not limited to the following:

(i) the nature, frequency, severity, pattern and consequences of the respondent's past abuse, neglect or exploitation of the petitioner or any family or household member, including the concealment of his or her location in order to evade service of process or notice, and the likelihood of danger of future abuse, neglect, or exploitation to petitioner or any member of petitioner's or respondent's family or household; and

(ii) the danger that any minor child will be abused or neglected or improperly relocated removed from the jurisdiction, improperly concealed within the State or improperly separated from the child's primary caretaker.

(2) In comparing relative hardships resulting to the parties from loss of possession of the family home, the court shall consider relevant factors, including but not limited to the following:

(i) availability, accessibility, cost, safety, adequacy, location and other characteristics of alternate housing for each party and any minor child or dependent adult in the party's care;

(ii) the effect on the party's employment; and

(iii) the effect on the relationship of the party, and any minor child or dependent adult in the party's care, to family, school, church and community.

(3) Subject to the exceptions set forth in paragraph (4) of this subsection, the court shall make its findings in an official record or in writing, and shall at a minimum set forth the following:

(i) That the court has considered the applicable relevant factors described in paragraphs (1) and (2) of this subsection.

(ii) Whether the conduct or actions of respondent, unless prohibited, will likely cause irreparable harm or continued abuse.

(iii) Whether it is necessary to grant the requested relief in order to protect petitioner or other alleged abused persons.

(4) For purposes of issuing an ex parte emergency order of protection, the court, as an alternative to or as a supplement to making the findings described in paragraphs (c)(3)(i) through (c)(3)(iii) of this subsection, may use the following procedure:

When a verified petition for an emergency order of protection in accordance with the requirements of Sections 203 and 217 is presented to the court, the court shall examine petitioner on oath or affirmation. An emergency order of protection shall be issued by the court if it appears from the contents of the petition and the examination of petitioner that the averments are sufficient to indicate abuse by respondent and to support the granting of relief under the issuance of the emergency order of protection.

(5) Never married parties. No rights or responsibilities for a minor child born outside of marriage attach to a putative father until a father and child relationship has been established under the Illinois Parentage Act of 1984, the Illinois Public Aid Code, Section 12 of the Vital Records Act, the Juvenile Court Act of 1987, the Probate Act of 1985, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, the Expedited Child Support Act of 1990, any judicial, administrative, or other act of another state or territory, any other Illinois statute, or by any foreign nation establishing the father and child relationship, any other proceeding substantially in conformity with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), or where both parties appeared in open court or at an administrative hearing acknowledging under oath or admitting by affirmation the existence of a father and child relationship. Absent such an adjudication, finding, or acknowledgement, no putative father shall be granted temporary allocation of parental responsibilities, including parenting time custody of the minor child, visitation with the minor child, or physical care and possession of the minor child, nor shall an order of payment for support of the minor child be entered.

(d) Balance of hardships; findings. If the court finds that the balance of hardships does not support the granting of a remedy governed by paragraph (2), (3), (10), (11), or (16) of subsection (b) of this Section, which may require such balancing, the court's findings shall so indicate and shall include a finding as to whether granting the remedy will result in hardship to respondent that would substantially outweigh the hardship to petitioner from denial of the remedy. The findings shall be an official record or in writing.

(e) Denial of remedies. Denial of any remedy shall not be based, in whole or in part, on evidence that:

(1) Respondent has cause for any use of force, unless that cause satisfies the standards for justifiable use of force provided by Article VII of the Criminal Code of 1961;

(2) Respondent was voluntarily intoxicated;

(3) Petitioner acted in self-defense or defense of another, provided that, if petitioner utilized force, such force was justifiable under Article VII of the Criminal Code of 1961;

(4) Petitioner did not act in self-defense or defense of another;

(5) Petitioner left the residence or household to avoid further abuse, neglect, or exploitation by respondent;

(6) Petitioner did not leave the residence or household to avoid further abuse, neglect, or exploitation by respondent;

(7) Conduct by any family or household member excused the abuse, neglect, or exploitation by respondent, unless that same conduct would have excused such abuse, neglect, or exploitation if the parties had not been family or household members.

(Source: P.A. 93-108, eff. 1-1-04.)

(750 ILCS 60/223) (from Ch. 40, par. 2312-23)

Sec. 223. Enforcement of orders of protection.

(a) When violation is crime. A violation of any order of protection, whether issued in a civil or criminal proceeding, shall be enforced by a criminal court when:

(1) The respondent commits the crime of violation of an order of protection pursuant to Section 12-30 of the Criminal Code of 1961, by having knowingly violated:

(i) remedies described in paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of this Act; or

(ii) a remedy, which is substantially similar to the remedies authorized under paragraphs (1), (2), (3), (14), and (14.5) of subsection (b) of Section 214 of this Act, in a valid order of protection which is authorized under the laws of another state, tribe, or United States territory; or

(iii) any other remedy when the act constitutes a crime against the protected parties as defined by the Criminal Code of 1961.

Prosecution for a violation of an order of protection shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the order of protection; or

(2) The respondent commits the crime of child abduction pursuant to Section 10-5 of the Criminal Code of 1961, by having knowingly violated:

(i) remedies described in paragraphs (5), (6) or (8) of subsection (b) of Section 214 of this Act; or

(ii) a remedy, which is substantially similar to the remedies authorized under paragraphs (5), (6), or (8) of subsection (b) of Section 214 of this Act, in a valid order of protection which is authorized under the laws of another state, tribe, or United States territory.

(b) When violation is contempt of court. A violation of any valid Illinois order of protection, whether issued in a civil or criminal proceeding, may be enforced through civil or criminal contempt procedures, as appropriate, by any court with jurisdiction, regardless where the act or acts which violated the order of protection were committed, to the extent consistent with the venue provisions of this Act. Nothing in this Act shall preclude any Illinois court from enforcing any valid order of protection issued in another state. Illinois courts may enforce orders of protection through both criminal prosecution and contempt proceedings, unless the action which is second in time is barred by collateral estoppel or the constitutional prohibition against double jeopardy.

(1) In a contempt proceeding where the petition for a rule to show cause sets forth facts evidencing an immediate danger that the respondent will flee the jurisdiction, conceal a child, or inflict physical abuse on the petitioner or minor children or on dependent adults in petitioner's care, the court may order the attachment of the respondent without prior service of the rule to show cause or the petition for a rule to show cause. Bond shall be set unless specifically denied in writing.

(2) A petition for a rule to show cause for violation of an order of protection shall be treated as an expedited proceeding.

(c) Violation of custody or support orders or temporary or final judgments allocating parental responsibilities. A violation of remedies described in paragraphs (5), (6), (8), or (9) of subsection (b) of Section 214 of this Act may be enforced by any remedy provided by Section 607.5 611 of the Illinois Marriage and Dissolution of Marriage Act. The court may enforce any order for support issued under paragraph (12) of subsection (b) of Section 214 in the manner provided for under Parts Articles V and VII of the Illinois Marriage and Dissolution of Marriage Act.

(d) Actual knowledge. An order of protection may be enforced pursuant to this Section if the respondent violates the order after the respondent has actual knowledge of its contents as shown through one of the following means:

(1) By service, delivery, or notice under Section 210.

(2) By notice under Section 210.1 or 211.

(3) By service of an order of protection under Section 222.

(4) By other means demonstrating actual knowledge of the contents of the order.

(e) The enforcement of an order of protection in civil or criminal court shall not be affected by either of the following:

(1) The existence of a separate, correlative order, entered under Section 215.

(2) Any finding or order entered in a conjoined criminal proceeding.

(f) Circumstances. The court, when determining whether or not a violation of an order of protection has occurred, shall not require physical manifestations of abuse on the person of the victim.

(g) Penalties.

(1) Except as provided in paragraph (3) of this subsection, where the court finds the commission of a crime or contempt of court under subsections (a) or (b) of this Section, the penalty shall be the penalty that generally applies in such criminal or contempt proceedings, and may include one or more of the following: incarceration, payment of restitution, a fine, payment of attorneys' fees and costs, or community service.

(2) The court shall hear and take into account evidence of any factors in aggravation or mitigation before deciding an appropriate penalty under paragraph (1) of this subsection.

(3) To the extent permitted by law, the court is encouraged to:

(i) increase the penalty for the knowing violation of any order of protection over any penalty previously imposed by any court for respondent's violation of any order of protection or penal statute involving petitioner as victim and respondent as defendant;

(ii) impose a minimum penalty of 24 hours imprisonment for respondent's first violation of any order of protection; and

(iii) impose a minimum penalty of 48 hours imprisonment for respondent's second or subsequent violation of an order of protection

unless the court explicitly finds that an increased penalty or that period of imprisonment would be manifestly unjust.

(4) In addition to any other penalties imposed for a violation of an order of protection, a criminal court may consider evidence of any violations of an order of protection:

(i) to increase, revoke or modify the bail bond on an underlying criminal charge pursuant to Section 110-6 of the Code of Criminal Procedure of 1963;

(ii) to revoke or modify an order of probation, conditional discharge or supervision, pursuant to Section 5-6-4 of the Unified Code of Corrections;

(iii) to revoke or modify a sentence of periodic imprisonment, pursuant to Section 5-7-2 of the Unified Code of Corrections.

(5) In addition to any other penalties, the court shall impose an additional fine of $20 as authorized by Section 5-9-1.11 of the Unified Code of Corrections upon any person convicted of or placed on supervision for a violation of an order of protection. The additional fine shall be imposed for each violation of this Section.

(Source: P.A. 93-359, eff. 1-1-04; revised 10-11-05.)

Section 30. The Probate Act of 1975 is amended by changing Section 11-7.1 as follows:

(755 ILCS 5/11-7.1) (from Ch. 110 1/2, par. 11-7.1)

Sec. 11-7.1. Parenting time Visitation rights.

(a) Whenever both natural or adoptive parents of a minor are deceased, an allocation of parenting time visitation rights shall be granted to the grandparents of the minor who are the parents of the minor's legal parents unless it is shown that such parenting time visitation would be detrimental to the best interests and welfare of the minor. In the discretion of the court, reasonable parenting time visitation rights may be granted to any other relative of the minor or other person having an interest in the welfare of the child. However, the court shall not grant parenting time visitation privileges to any person who otherwise might have parenting time visitation privileges under this Section where the minor has been adopted subsequent to the death of both his legal parents except where such adoption is by a close relative. For the purpose of this Section, "close relative" shall include, but not be limited to, a grandparent, aunt, uncle, first cousin, or adult brother or sister.

Where such adoption is by a close relative, the court shall not grant parenting time visitation privileges under this Section unless the petitioner alleges and proves that he or she has been unreasonably denied parenting time visitation with the child. The court may grant reasonable parenting time visitation privileges upon finding that such parenting time visitation would be in the best interest of the child.

An order denying parenting time visitation rights to grandparents of the minor shall be in writing and shall state the reasons for denial. An order denying parenting time visitation rights is a final order for purposes of appeal.

(b) Unless the court determines, after considering all relevant factors, including but not limited to those set forth in Section 602.7 602(a) of the Illinois Marriage and Dissolution of Marriage Act, that it would be in the best interests of the child to allow parenting time visitation, the court shall not enter an order providing parenting time visitation rights and pursuant to a motion to modify parenting time visitation brought under Section 610.5 607(f) of the Illinois Marriage and Dissolution of Marriage Act shall revoke parenting time visitation rights previously granted to any person who would otherwise be entitled to petition for parenting time visitation rights under this Section who has been convicted of first degree murder of the parent, grandparent, great-grandparent, or sibling of the child who is the subject of the order. Until an order is entered pursuant to this subsection, no person shall visit, with the child present, a person who has been convicted of first degree murder of the parent, grandparent, great-grandparent, or sibling of the child without the consent of the child's parent, other than a parent convicted of first degree murder as set forth herein, or legal guardian.

(Source: P.A. 90-801, eff. 6-1-99.)

Section 99. Effective date. This Act takes effect January 1, 2007.