Bill Status of HB 5656   99th General Assembly

Short Description:  DCFS-COURTS-VISITATION

House Sponsors
Rep. Norine K. Hammond-John Cavaletto-Patricia R. Bellock, Cynthia Soto, Elizabeth Hernandez, John C. D'Amico, Emanuel Chris Welch, Silvana Tabares, La Shawn K. Ford and Jack D. Franks

Senate Sponsors
(Sen. Pamela J. Althoff and Dan McConchie-Pat McGuire)


Last Action  View All Actions

DateChamber Action
  8/19/2016HousePublic Act . . . . . . . . . 99-0838

Statutes Amended In Order of Appearance
20 ILCS 505/35.8
20 ILCS 505/35.9 new
705 ILCS 405/2-10.01 new

Synopsis As Introduced
Amends the Department of Children and Family Services Act. Requires the Department of Children and Family Services to make reasonable efforts and accommodations to grant visitation privileges to a non-custodial grandparent or great-grandparent of a child who is in the care and custody of the Department that is separate and apart from any visitation privileges granted to a parent of the child. Provides that the Department shall consider, but shall not be limited to, certain criteria in determining whether to grant visitation, including: (i) the wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences as to visitation; (ii) the mental and physical health of the grandparent or great-grandparent; and (iii) the quantity of the visitation time requested and the potential adverse impact that visitation would have on the child's customary activities. Provides that the Department may deny a request for visitation after considering the specified criteria in addition to any other criteria the court deems necessary. Contains provisions concerning the automatic termination of visitation privileges and the Department's establishment of an appeal procedure to review a decision to deny visitation. Amends the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987. Provides that a court may grant visitation privileges to a non-custodial grandparent or great-grandparent of a child who is in the care and custody of the Department that is separate and apart from any visitation privileges granted to a parent of the child. Provides that the court shall consider certain criteria in determining whether to grant visitation and that the court may deny a request for visitation after considering the specified criteria in addition to any other criteria the court deems necessary.

House Committee Amendment No. 1
Deletes reference to:
705 ILCS 405/2-10.01 new

Replaces everything after the enacting clause. Reinserts the introduced bill with the following changes: Requires the Department of Children and Family Services to make reasonable efforts and accommodations to provide for (rather than grant) visitation privileges to a non-custodial grandparent or great-grandparent of a child who is in the care and custody of the Department. Provides that any visitation privileges provided (rather than granted) shall be separate and apart from any visitation privileges provided (rather than granted) to a parent of the child. Requires the Department to provide visitation privileges only if doing so is in the child's best interest, taking into consideration certain factors set out in the Juvenile Court Act of 1987 and other additional factors as specified (rather than requiring the Department to consider, but not be limited to, the following criteria in determining whether to grant visitation: (i) the wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences as to visitation; (ii) the mental and physical health of the child; and (iii) the length and quality of the prior relationship between the child and the grandparent or great-grandparent). Provides that any visitation privileges provided shall automatically terminate upon the child leaving the care or custody of the Department (rather than providing that any visitation privileges provided before the filing of a petition for adoption of the child shall automatically terminate upon the child leaving the care or custody of the Department). Provides that if the Department determines that a grandparent or great-grandparent is inappropriate to serve as a visitation resource and denies visitation, the Department shall: (i) document the basis of its determination and maintain the documentation in the child's case file and (ii) inform the grandparent or great-grandparent of his or her right to a clinical review in accordance with Department rules and procedures (rather than the Department shall inform the grandparent or great-grandparent of his or her right to appeal the decision to deny visitation in accordance with the appeals procedure established by the Department). Removes a provision requiring the Department to adopt rules concerning the procedure for appealing a decision to deny visitation privileges for a non-custodial grandparent or great-grandparent and instead provides that the Department may adopt any rules necessary to implement the provisions of the bill.

Actions 
DateChamber Action
  2/10/2016HouseFiled with the Clerk by Rep. Norine K. Hammond
  2/10/2016HouseFirst Reading
  2/10/2016HouseReferred to Rules Committee
  3/23/2016HouseAssigned to Judiciary - Civil Committee
  3/29/2016HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Norine K. Hammond
  3/29/2016HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/4/2016HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  4/4/2016HouseAdded Chief Co-Sponsor Rep. John Cavaletto
  4/5/2016HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  4/5/2016HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 011-000-000
  4/5/2016HousePlaced on Calendar 2nd Reading - Short Debate
  4/7/2016HouseSecond Reading - Short Debate
  4/7/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/12/2016HouseThird Reading - Short Debate - Passed 112-000-000
  4/12/2016HouseAdded Co-Sponsor Rep. Cynthia Soto
  4/12/2016HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  4/12/2016HouseAdded Co-Sponsor Rep. John C. D'Amico
  4/12/2016HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  4/12/2016HouseAdded Co-Sponsor Rep. Silvana Tabares
  4/12/2016HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  4/12/2016HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/12/2016HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  4/13/2016SenateArrive in Senate
  4/13/2016SenatePlaced on Calendar Order of First Reading April 14, 2016
  4/14/2016SenateChief Senate Sponsor Sen. Pamela J. Althoff
  4/18/2016SenateFirst Reading
  4/18/2016SenateReferred to Assignments
  4/27/2016SenateAssigned to Judiciary
  5/4/2016SenateDo Pass Judiciary; 010-000-000
  5/4/2016SenatePlaced on Calendar Order of 2nd Reading May 5, 2016
  5/10/2016SenateSecond Reading
  5/10/2016SenatePlaced on Calendar Order of 3rd Reading May 11, 2016
  5/20/2016SenateAdded as Alternate Co-Sponsor Sen. Dan McConchie
  5/25/2016SenateAdded as Alternate Chief Co-Sponsor Sen. Pat McGuire
  5/25/2016SenateThird Reading - Passed; 058-000-000
  5/25/2016HousePassed Both Houses
  6/23/2016HouseSent to the Governor
  8/19/2016HouseGovernor Approved
  8/19/2016HouseEffective Date January 1, 2017
  8/19/2016HousePublic Act . . . . . . . . . 99-0838

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