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91_SB1636ham004
LRB9113594WHdvam02
1 AMENDMENT TO SENATE BILL 1636
2 AMENDMENT NO. . Amend Senate Bill 1636 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT concerning child visitation rights."; and
5 on page 1, by inserting after line 4 the following:
6 "Section 2. The Illinois Marriage and Dissolution of
7 Marriage Act is amended by changing Section 607 as follows:
8 (750 ILCS 5/607) (from Ch. 40, par. 607)
9 Sec. 607. Visitation.
10 (a) A parent not granted custody of the child is
11 entitled to reasonable visitation rights unless the court
12 finds, after a hearing, that visitation would endanger
13 seriously the child's physical, mental, moral or emotional
14 health. If the custodian's street address is not identified,
15 pursuant to Section 708, the court shall require the parties
16 to identify reasonable alternative arrangements for
17 visitation by a non-custodial parent, including but not
18 limited to visitation of the minor child at the residence of
19 another person or at a local public or private facility.
20 (b) (1) The court may grant reasonable visitation
21 privileges to a grandparent, great-grandparent, or sibling of
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1 any minor child upon petition to the court by the
2 grandparents or great-grandparents or on behalf of the
3 sibling, with notice to the parties required to be notified
4 under Section 601 of this Act, if the court determines that
5 it is in the best interests and welfare of the child, and may
6 issue any necessary orders to enforce such visitation
7 privileges. Except as provided in paragraph (2) of this
8 subsection (b), a petition for visitation privileges may be
9 filed under this paragraph (1) whether or not a petition
10 pursuant to this Act has been previously filed or is
11 currently pending if one or more of the following
12 circumstances exist:
13 (A) the parents are not currently cohabiting on a
14 permanent or an indefinite basis;
15 (B) one of the parents has been absent from the
16 marital abode for more than one month without the spouse
17 knowing his or her whereabouts;
18 (C) one of the parents is deceased;
19 (D) one of the parents joins in the petition with
20 the grandparents, great-grandparents, or sibling; or
21 (E) a sibling is in State custody.
22 (1.5) The Court may grant reasonable visitation
23 privileges to a stepparent upon petition to the court by the
24 stepparent, with notice to the parties required to be
25 notified under Section 601 of this Act, if the court
26 determines that it is in the best interests and welfare of
27 the child, and may issue any necessary orders to enforce
28 those visitation privileges. A petition for visitation
29 privileges may be filed under this paragraph (1.5) whether or
30 not a petition pursuant to this Act has been previously filed
31 or is currently pending if the following circumstances are
32 met:
33 (A) the child is at least 12 years old;
34 (B) the child resided continuously with the parent
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1 and stepparent for at least 5 years;
2 (C) the parent is deceased or is disabled and is
3 unable to care for the child;
4 (D) the child wishes to have reasonable visitation
5 with the stepparent; and
6 (E) the stepparent was providing for the care,
7 control, and welfare to the child prior to the initiation
8 of the petition for visitation.
9 (2)(A) A petition for visitation privileges shall not be
10 filed pursuant to this subsection (b) by the parents or
11 grandparents of a putative father if the paternity of the
12 putative father has not been legally established.
13 (B) A petition for visitation privileges may not be
14 filed under this subsection (b) if the child who is the
15 subject of the grandparents' or great-grandparents' petition
16 has been voluntarily surrendered by the parent or parents,
17 except for a surrender to the Illinois Department of Children
18 and Family Services or a foster care facility, or has been
19 previously adopted by an individual or individuals who are
20 not related to the biological parents of the child or is the
21 subject of a pending adoption petition by an individual or
22 individuals who are not related to the biological parents of
23 the child.
24 (3) (Blank). When one parent is deceased, the surviving
25 parent shall not interfere with the visitation rights of the
26 grandparents.
27 (b-5) Visitation rights of grandparents shall be as
28 provided in this subsection.
29 (1) Visitation rights may be granted to the grandparents
30 of the minor who are the parents of the minor's legal parents
31 unless it is shown that such visitation would be detrimental
32 to the best interests and welfare of the minor. However, the
33 court shall not grant visitation privileges to grandparents
34 who otherwise might have visitation privileges under this
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1 Section where the minor has been adopted subsequent to the
2 death of both his or her legal parents except where such
3 adoption is by a close relative. For the purpose of this
4 Section, "close relative" shall include, but not be limited
5 to, a grandparent, aunt, uncle, first cousin, or adult
6 brother or sister.
7 Where such adoption is by a close relative, the court
8 shall not grant visitation privileges under this subsection
9 (b-5) unless the petitioner alleges and proves that he or she
10 has been unreasonably denied visitation with the child. The
11 court may grant reasonable visitation privileges upon finding
12 that such visitation would be in the best interest of the
13 child.
14 An order denying visitation rights to grandparents of the
15 minor shall be in writing and shall state the reasons for
16 denial. An order denying visitation rights is a final order
17 for purposes of appeal.
18 (2) (A) Except as provided in subparagraph (B) of this
19 paragraph (2), a petition for visitation privileges may be
20 filed under this subparagraph (A) whether or not a petition
21 pursuant to this Act has been previously filed or is
22 currently pending if one or more of the following
23 circumstances exist: (i) the parents are not currently
24 cohabiting on a permanent or an indefinite basis; (ii) one
25 of the parents has been absent from the marital abode for
26 more than one month without the spouse knowing his or her
27 whereabouts; (iii) one of the parents is deceased; (iv) one
28 of the parents joins in the petition with the grandparents;
29 or (v) a sibling is in State custody.
30 (B) (i) A petition for visitation privileges shall not
31 be filed pursuant to this paragraph (2) by the grandparents
32 of a putative father if the paternity of the putative father
33 has not been legally established. (ii) A petition for
34 visitation privileges may not be filed under this paragraph
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1 (2) if the child who is the subject of the grandparents'
2 petition has been voluntarily surrendered by the parent or
3 parents, except for a surrender to the Illinois Department of
4 Children and Family Services or a foster care facility, or
5 has been previously adopted by an individual or individuals
6 who are not related to the biological parents of the child or
7 is the subject of a pending adoption petition by an
8 individual or individuals who are not related to the
9 biological parents of the child.
10 (3) When one parent is deceased, the surviving parent
11 shall not interfere with the visitation rights of the
12 grandparents.
13 (c) The court may modify an order granting or denying
14 visitation rights of a parent whenever modification would
15 serve the best interest of the child; but the court shall
16 not restrict a parent's visitation rights unless it finds
17 that the visitation would endanger seriously the child's
18 physical, mental, moral or emotional health. The court may
19 modify an order granting, denying, or limiting visitation
20 rights of a grandparent, great-grandparent, or sibling of any
21 minor child whenever a change of circumstances has occurred
22 based on facts occurring subsequent to the judgment and the
23 court finds by clear and convincing evidence that the
24 modification is in the best interest of the minor child.
25 (d) If any court has entered an order prohibiting a
26 non-custodial parent of a child from any contact with a child
27 or restricting the non-custodial parent's contact with the
28 child, the following provisions shall apply:
29 (1) If an order has been entered granting
30 visitation privileges with the child to a grandparent or
31 great-grandparent who is related to the child through the
32 non-custodial parent, the visitation privileges of the
33 grandparent or great-grandparent may be revoked if:
34 (i) a court has entered an order prohibiting
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1 the non-custodial parent from any contact with the
2 child, and the grandparent or great-grandparent is
3 found to have used his or her visitation privileges
4 to facilitate contact between the child and the
5 non-custodial parent; or
6 (ii) a court has entered an order restricting
7 the non-custodial parent's contact with the child,
8 and the grandparent or great-grandparent is found to
9 have used his or her visitation privileges to
10 facilitate contact between the child and the
11 non-custodial parent in a manner that violates the
12 terms of the order restricting the non-custodial
13 parent's contact with the child.
14 Nothing in this subdivision (1) limits the authority
15 of the court to enforce its orders in any manner
16 permitted by law.
17 (2) Any order granting visitation privileges with
18 the child to a grandparent or great-grandparent who is
19 related to the child through the non-custodial parent
20 shall contain the following provision:
21 "If the (grandparent or great-grandparent, whichever
22 is applicable) who has been granted visitation privileges
23 under this order uses the visitation privileges to
24 facilitate contact between the child and the child's
25 non-custodial parent, the visitation privileges granted
26 under this order shall be permanently revoked."
27 (e) No parent, not granted custody of the child, or
28 grandparent, or great-grandparent, or stepparent, or sibling
29 of any minor child, convicted of any offense involving an
30 illegal sex act perpetrated upon a victim less than 18 years
31 of age including but not limited to offenses for violations
32 of Article 12 of the Criminal Code of 1961, is entitled to
33 visitation rights while incarcerated or while on parole,
34 probation, conditional discharge, periodic imprisonment, or
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1 mandatory supervised release for that offense, and upon
2 discharge from incarceration for a misdemeanor offense or
3 upon discharge from parole, probation, conditional discharge,
4 periodic imprisonment, or mandatory supervised release for a
5 felony offense, visitation shall be denied until the person
6 successfully completes a treatment program approved by the
7 court.
8 (f) Unless the court determines, after considering all
9 relevant factors, including but not limited to those set
10 forth in Section 602(a), that it would be in the best
11 interests of the child to allow visitation, the court shall
12 not enter an order providing visitation rights and pursuant
13 to a motion to modify visitation shall revoke visitation
14 rights previously granted to any person who would otherwise
15 be entitled to petition for visitation rights under this
16 Section who has been convicted of first degree murder of the
17 parent, grandparent, great-grandparent, or sibling of the
18 child who is the subject of the order. Until an order is
19 entered pursuant to this subsection, no person shall visit,
20 with the child present, a person who has been convicted of
21 first degree murder of the parent, grandparent,
22 great-grandparent, or sibling of the child without the
23 consent of the child's parent, other than a parent convicted
24 of first degree murder as set forth herein, or legal
25 guardian.
26 (g) If an order has been entered limiting, for cause, a
27 minor child's contact or visitation with a grandparent,
28 great-grandparent, or sibling on the grounds that it was in
29 the best interest of the child to do so, that order may be
30 modified only upon a showing of a substantial change in
31 circumstances occurring subsequent to the entry of the order
32 with proof by clear and convincing evidence that modification
33 is in the best interest of the minor child.
34 (Source: P.A. 90-782, eff. 8-14-98; 90-801, eff. 6-1-99;
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1 91-357, eff. 7-29-99; 91-610, eff. 8-19-99.)".