HB5656 EnrolledLRB099 17646 KTG 42004 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Children and Family Services Act is amended
5by changing Section 35.8 and by adding Section 35.9 as follows:
6    (20 ILCS 505/35.8)
7    Sec. 35.8. Grandparent and great-grandparent visitation
8rules; review. Not later than 6 months after the effective date
9of this amendatory Act of the 99th General Assembly, and every
105 years thereafter, the Department shall review the rules on
11granting visitation privileges to a non-custodial grandparent
12or great-grandparent of a child who is in the care and custody
13of the Department.
14(Source: P.A. 99-341, eff. 8-11-15.)
15    (20 ILCS 505/35.9 new)
16    Sec. 35.9. Visitation privileges; grandparents and
18    (a) The Department shall make reasonable efforts and
19accommodations to provide for visitation privileges to a
20non-custodial grandparent or great-grandparent of a child who
21is in the care and custody of the Department. Any visitation
22privileges provided under this Section shall be separate and



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1apart from any visitation privileges provided to a parent of
2the child. The Department shall provide visitation privileges
3only if doing so is in the child's best interest, taking into
4consideration the factors set out in subsection (4.05) of
5Section 1-3 of the Juvenile Court Act of 1987 and the following
6additional factors:
7        (1) the mental and physical health of the grandparent
8    or great-grandparent;
9        (2) the quantity of the visitation time requested and
10    the potential adverse impact that visitation would have on
11    the child's customary activities;
12        (3) any other fact that establishes that the loss of
13    the relationship between the child and the grandparent or
14    great-grandparent is likely to unduly harm the child's
15    mental, physical, or emotional health; and
16        (4) whether visitation can be structured in a way to
17    minimize the child's exposure to conflicts between adult
18    family members.
19    (b) Any visitation privileges provided under this Section
20shall automatically terminate upon the child leaving the care
21or custody of the Department.
22    (c) The Department may deny a request for visitation after
23considering the criteria provided under subsection (a) in
24addition to any other criteria the Department deems necessary.
25If the Department determines that a grandparent or
26great-grandparent is inappropriate to serve as a visitation



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1resource and denies visitation, the Department shall: (i)
2document the basis of its determination and maintain the
3documentation in the child's case file and (ii) inform the
4grandparent or great-grandparent of his or her right to a
5clinical review in accordance with Department rules and
6procedures. The Department may adopt any rules necessary to
7implement this Section.