Full Text of SB2933 96th General Assembly
SB2933sam001 96TH GENERAL ASSEMBLY
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Sen. William Delgado
Filed: 3/1/2010
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09600SB2933sam001 |
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LRB096 19796 AJO 37852 a |
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| AMENDMENT TO SENATE BILL 2933
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| AMENDMENT NO. ______. Amend Senate Bill 2933 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Marriage and Dissolution of | 5 |
| Marriage Act is amended by changing Section 608 as follows: | 6 |
| (750 ILCS 5/608) (from Ch. 40, par. 608) | 7 |
| Sec. 608. Judicial Supervision. | 8 |
| (a) Except as otherwise agreed by the parties in writing at | 9 |
| the time of
the custody judgment or as otherwise ordered by the | 10 |
| court, the custodian
may determine the child's upbringing, | 11 |
| including but not limited to, his
education, health care and | 12 |
| religious training, unless the court, after
hearing, finds, | 13 |
| upon motion by the noncustodial parent, that the absence of
a | 14 |
| specific limitation of the custodian's authority would clearly | 15 |
| be
contrary to the best interests of the child. | 16 |
| (b) If both parents or all contestants agree to the order, |
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LRB096 19796 AJO 37852 a |
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| or if the
court finds that in the absence of agreement the | 2 |
| child's physical health
would be endangered or his emotional | 3 |
| development significantly impaired,
the court may order the | 4 |
| Department of Children and Family Services to
exercise | 5 |
| continuing supervision over the case to assure that the | 6 |
| custodial
or visitation terms of the judgment are carried out. | 7 |
| Supervision shall be
carried out under the provisions of | 8 |
| Section 5 of the Children and Family
Services Act. | 9 |
| (c) The court may order individual counseling for the | 10 |
| child, family counseling for one or more of the parties and the | 11 |
| child, integrative family therapy for one or more of the | 12 |
| parties and the child, or parental education for one or more of | 13 |
| the parties, when it finds one or more of the following: | 14 |
| (1) both parents or all parties agree to the order; | 15 |
| (2) the court finds that the child's physical health is | 16 |
| endangered or his or her emotional development is impaired | 17 |
| including, but not limited to, a finding of visitation | 18 |
| abuse as defined by Section 607.1; or | 19 |
| (3) the court finds that one or both of the parties | 20 |
| have violated the joint parenting agreement with regard to | 21 |
| conduct affecting or in the presence of the child. | 22 |
| (d) If the court finds that one or more of the parties has | 23 |
| violated an order of the court with regards to custody, | 24 |
| visitation, or joint parenting, the court shall assess the | 25 |
| costs of counseling against the violating party or parties. | 26 |
| Otherwise, the court may apportion the costs between the |
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LRB096 19796 AJO 37852 a |
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| parties as appropriate. | 2 |
| (e) The remedies provided in this Section are in addition | 3 |
| to, and shall not diminish or abridge in any way, the court's | 4 |
| power to exercise its authority through contempt or other | 5 |
| proceedings.
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| (f) All counseling sessions shall be confidential. The | 7 |
| communications in counseling shall not be used in any manner in | 8 |
| litigation nor relied upon by any expert appointed by the court | 9 |
| or retained by any party.
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| (Source: P.A. 94-640, eff. 1-1-06.)".
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