97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5629
 
Introduced 2/15/2012, by Rep. Dwight Kay - Kay Hatcher
 
SYNOPSIS AS INTRODUCED:
 

 
750 ILCS 5/602.5 new

     Amends the Illinois Marriage and Dissolution of Marriage Act.  Provides that the parent of  a child who has been diagnosed with mental or physical developmental disabilities shall communicate to the other parent in writing any major decision regarding the minor child's education or medical, dental, or psychological treatment.   Provides that the other parent shall in a timely manner agree or object to the decision.  Provides that a parent may not unreasonably withhold approval of the other parent's decision.  Provides that objections that are not resolved must be submitted to mediation and, if that does not succeed, the matter shall be resolved by the court.  Provides that if the court finds that the objecting parent unreasonably withheld agreement, the objecting parent shall be ordered to pay the mediation fees and the other parent's attorney's fees.
  


LRB097 18449 AJO 63677 b

 
 
A BILL FOR
 

  
HB5629LRB097 18449 AJO 63677 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Marriage and Dissolution of 
5Marriage Act is amended  by adding Section 602.5 as follows:
 
6    (750 ILCS 5/602.5 new)
7    Sec. 602.5. Mental or physical developmental disability of 
8a  minor child.
9    (a) The parent of  a minor child who has been diagnosed with 
10mental or physical developmental disabilities shall 
11communicate to the other parent in writing any major decision 
12regarding the minor child's education or medical, dental, or 
13psychological treatment.  The parent receiving the 
14communication must acknowledge receipt of the communication 
15within 7 days after receipt. Within 14 days after receipt, the 
16parent receiving the communication must communicate to the 
17other parent his or her agreement with or objection to the 
18decision regarding the child's education or medical, dental, or 
19psychological treatment.
20    (b)   A parent may not unreasonably withhold approval of the 
21other parent's  decision regarding the child's education or 
22medical, dental, or psychological treatment.
23    (c)  If there is an objection and the parties do not come to 
 
 
HB5629- 2 -LRB097 18449 AJO 63677 b

1an agreement, the issue must be submitted to mediation within 
214 days after the parent receives the objection from the other 
3parent.
4    (d)  If no agreement is reached in mediation, the objecting 
5parent must submit the issue to the court within 7 days after 
6the final mediation session.  If the issue must be determined by 
7the court and the court finds that the approval of the 
8objecting parent was unreasonably withheld, the court shall 
9order the objecting parent to pay the mediation fees and the 
10attorney's fees of the other parent.