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90_HB1535eng
705 ILCS 405/6-9 from Ch. 37, par. 806-9
Amends the Juvenile Court Act of 1987. Provides that if
the court at the detention or shelter care hearing determines
that the parent or other person liable for the minor's
support is able to contribute to that support, the parent or
person liable for the support shall be required to pay a fee
for room and board at a rate not to exceed $10 established by
the county board of the county in which the minor is
detained, with the concurrence of the chief judge of the
circuit, unless the court determines that it is in the best
interest and welfare of the minor to waive the fee.
LRB9004068RCdv
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1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 6-9.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 6-9 as follows:
7 (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 6-9. Enforcement of liability of parents and
10 others.
11 (1) If parentage is at issue in any proceeding under
12 this Act, the Illinois Parentage Act of 1984 shall apply and
13 the court shall enter orders consistent with that Act. If it
14 appears at any hearing that a parent or any other person
15 named in the petition, liable under the law for the support
16 of the minor, is able to contribute to his support, the court
17 shall enter an order requiring that parent or other person to
18 pay the clerk of the court, or to the guardian or custodian
19 appointed under Sections 2-27, 3-28, 4-25 or 5-29, a
20 reasonable sum from time to time for the care, support and
21 necessary special care or treatment, of the minor. The court
22 may require reasonable security for the payments. Upon
23 failure to pay, the court may enforce obedience to the order
24 by a proceeding as for contempt of court. On application and
25 with the notice as it may direct, the court may alter the
26 payment or may compromise or waive arrearages in such a
27 manner as appears reasonable and proper.
28 If it appears that the person liable for the support of
29 the minor is able to contribute to legal fees for
30 representation of the minor, the court shall enter an order
31 requiring that person to pay a reasonable sum for the
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1 representation, to the attorney providing the representation
2 or to the clerk of the court for deposit in the appropriate
3 account or fund. The sum may be paid as the court directs,
4 and the payment thereof secured and enforced as provided in
5 this Section for support.
6 (2) When a person so ordered to pay for the care and
7 support of a minor is employed for wages, salary or
8 commission, the court may order him to make the support
9 payments for which he is liable under this Act out of his
10 wages, salary or commission and to assign so much thereof as
11 will pay the support. The court may also order him to make
12 discovery to the court as to his place of employment and the
13 amounts earned by him. Upon his failure to obey the orders of
14 court he may be punished as for contempt of court.
15 (3) If the minor is a recipient of public aid under the
16 Illinois Public Aid Code, the court shall order that payments
17 made by a parent or through assignment of his wages, salary
18 or commission be made directly to (a) the Illinois Department
19 of Public Aid if the minor is a recipient of aid under
20 Articles IV or V of the Code, or (b) the local governmental
21 unit responsible for the support of the minor if he is a
22 recipient under Articles VI or VII of the Code. The order
23 shall permit the Illinois Department of Public Aid or the
24 local governmental unit, as the case may be, to direct that
25 subsequent payments be made directly to the guardian or
26 custodian of the minor, or to some other person or agency in
27 the minor's behalf, upon removal of the minor from the public
28 aid rolls; and upon such direction and removal of the minor
29 from the public aid rolls, the Illinois Department or local
30 governmental unit, as the case requires, shall give written
31 notice of such action to the court. Payments received by the
32 Illinois Department of Public Aid or local governmental unit
33 are to be covered, respectively, into the General Revenue
34 Fund of the State Treasury or General Assistance Fund of the
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1 governmental unit, as provided in Section 10-19 of the Public
2 Aid Code.
3 (Source: P.A. 87-759.)
4 (Text of Section after amendment by P.A. 89-507)
5 Sec. 6-9. Enforcement of liability of parents and
6 others.
7 (1) If parentage is at issue in any proceeding under
8 this Act, the Illinois Parentage Act of 1984 shall apply and
9 the court shall enter orders consistent with that Act. If it
10 appears at any hearing that a parent or any other person
11 named in the petition, liable under the law for the support
12 of the minor, is able to contribute to his support, the court
13 shall enter an order requiring that parent or other person to
14 pay the clerk of the court, or to the guardian or custodian
15 appointed under Sections 2-27, 3-28, 4-25 or 5-29, a
16 reasonable sum from time to time for the care, support and
17 necessary special care or treatment, of the minor. The court
18 may require reasonable security for the payments. Upon
19 failure to pay, the court may enforce obedience to the order
20 by a proceeding as for contempt of court. On application and
21 with the notice as it may direct, the court may alter the
22 payment or may compromise or waive arrearages in such a
23 manner as appears reasonable and proper.
24 If it appears that the person liable for the support of
25 the minor is able to contribute to legal fees for
26 representation of the minor, the court shall enter an order
27 requiring that person to pay a reasonable sum for the
28 representation, to the attorney providing the representation
29 or to the clerk of the court for deposit in the appropriate
30 account or fund. The sum may be paid as the court directs,
31 and the payment thereof secured and enforced as provided in
32 this Section for support.
33 If it appears at the detention or shelter care hearing of
34 a minor before the court under Section 5-10 that a parent or
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1 any other person liable for support of the minor is able to
2 contribute to his or her support, that parent or other person
3 shall be required to pay a fee for room and board at a rate
4 not to exceed $10 per day established, with the concurrence
5 of the chief judge of the judicial circuit, by the county
6 board of the county in which the minor is detained unless the
7 court determines that it is in the best interest and welfare
8 of the minor to waive the fee. The concurrence of the chief
9 judge shall be in the form of an administrative order. Each
10 week, on a day designated by the clerk of the circuit court,
11 that parent or other person shall pay the clerk for the
12 minor's room and board. All fees for room and board
13 collected by the circuit court clerk shall be disbursed into
14 the separate county fund under Section 6-7.
15 (2) When a person so ordered to pay for the care and
16 support of a minor is employed for wages, salary or
17 commission, the court may order him to make the support
18 payments for which he is liable under this Act out of his
19 wages, salary or commission and to assign so much thereof as
20 will pay the support. The court may also order him to make
21 discovery to the court as to his place of employment and the
22 amounts earned by him. Upon his failure to obey the orders of
23 court he may be punished as for contempt of court.
24 (3) If the minor is a recipient of public aid under the
25 Illinois Public Aid Code, the court shall order that payments
26 made by a parent or through assignment of his wages, salary
27 or commission be made directly to (a) the Illinois Department
28 of Public Aid if the minor is a recipient of aid under
29 Article V of the Code, (b) the Department of Human Services
30 if the minor is a recipient of aid under Article IV of the
31 Code, or (c) the local governmental unit responsible for the
32 support of the minor if he is a recipient under Articles VI
33 or VII of the Code. The order shall permit the Illinois
34 Department of Public Aid, the Department of Human Services,
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1 or the local governmental unit, as the case may be, to direct
2 that subsequent payments be made directly to the guardian or
3 custodian of the minor, or to some other person or agency in
4 the minor's behalf, upon removal of the minor from the public
5 aid rolls; and upon such direction and removal of the minor
6 from the public aid rolls, the Illinois Department of Public
7 Aid, Department of Human Services, or local governmental
8 unit, as the case requires, shall give written notice of such
9 action to the court. Payments received by the Illinois
10 Department of Public Aid, Department of Human Services, or
11 local governmental unit are to be covered, respectively, into
12 the General Revenue Fund of the State Treasury or General
13 Assistance Fund of the governmental unit, as provided in
14 Section 10-19 of the Illinois Public Aid Code.
15 (Source: P.A. 89-507, eff. 7-1-97.)
16 Section 95. No acceleration or delay. Where this Act
17 makes changes in a statute that is represented in this Act by
18 text that is not yet or no longer in effect (for example, a
19 Section represented by multiple versions), the use of that
20 text does not accelerate or delay the taking effect of (i)
21 the changes made by this Act or (ii) provisions derived from
22 any other Public Act.