Rep. Norine K. Hammond

Filed: 3/29/2016





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2    AMENDMENT NO. ______. Amend House Bill 5656 by replacing
3everything after the enacting clause with the following:
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)



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1    Sec. 35.9. Visitation privileges; grandparents and
3    (a) The Department shall make reasonable efforts and
4accommodations to provide for visitation privileges to a
5non-custodial grandparent or great-grandparent of a child who
6is in the care and custody of the Department. Any visitation
7privileges provided under this Section shall be separate and
8apart from any visitation privileges provided to a parent of
9the child. The Department shall provide visitation privileges
10only if doing so is in the child's best interest, taking into
11consideration the factors set out in subsection (4.05) of
12Section 1-3 of the Juvenile Court Act of 1987 and the following
13additional factors:
14        (1) the mental and physical health of the grandparent
15    or great-grandparent;
16        (2) the quantity of the visitation time requested and
17    the potential adverse impact that visitation would have on
18    the child's customary activities;
19        (3) any other fact that establishes that the loss of
20    the relationship between the child and the grandparent or
21    great-grandparent is likely to unduly harm the child's
22    mental, physical, or emotional health; and
23        (4) whether visitation can be structured in a way to
24    minimize the child's exposure to conflicts between adult
25    family members.
26    (b) Any visitation privileges provided under this Section



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1shall automatically terminate upon the child leaving the care
2or custody of the Department.
3    (c) The Department may deny a request for visitation after
4considering the criteria provided under subsection (a) in
5addition to any other criteria the Department deems necessary.
6If the Department determines that a grandparent or
7great-grandparent is inappropriate to serve as a visitation
8resource and denies visitation, the Department shall: (i)
9document the basis of its determination and maintain the
10documentation in the child's case file and (ii) inform the
11grandparent or great-grandparent of his or her right to a
12clinical review in accordance with Department rules and
13procedures. The Department may adopt any rules necessary to
14implement this Section.".