Public Act 90-0801 of the 90th General Assembly
Public Act 90-0801
SB1386 Re-enrolled LRB9011263RCpc
AN ACT in relation to visitation rights, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 607 as follows:
(750 ILCS 5/607) (from Ch. 40, par. 607)
Sec. 607. Visitation.
(a) A parent not granted custody of the child is
entitled to reasonable visitation rights unless the court
finds, after a hearing, that visitation would endanger
seriously the child's physical, mental, moral or emotional
health. If the custodian's street address is not identified,
pursuant to Section 708, the court shall require the parties
to identify reasonable alternative arrangements for
visitation by a non-custodial parent, including but not
limited to visitation of the minor child at the residence of
another person or at a local public or private facility.
(b) (1) The court may grant reasonable visitation
privileges to a grandparent, great-grandparent, or sibling of
any minor child upon petition to the court by the
grandparents or great-grandparents or on behalf of the
sibling, with notice to the parties required to be notified
under Section 601 of this Act, if the court determines that
it is in the best interests and welfare of the child, and may
issue any necessary orders to enforce such visitation
privileges. Except as provided in paragraph (2) of this
subsection (b), a petition for visitation privileges may be
filed under this subsection (b) whether or not a petition
pursuant to this Act has been previously filed or is
currently pending if one or more of the following
circumstances exist:
(A) the parents are not currently cohabiting on a
permanent or an indefinite basis;
(B) one of the parents has been absent from the
marital abode for more than one month without the spouse
knowing his or her whereabouts;
(C) one of the parents is deceased;
(D) one of the parents joins in the petition with
the grandparents, great-grandparents, or sibling; or
(E) a sibling is in State custody.
(2)(A) A petition for visitation privileges shall not be
filed pursuant to this subsection (b) by the parents or
grandparents of a putative father if the paternity of the
putative father has not been legally established.
(B) A petition for visitation privileges may not be
filed under this subsection (b) if the child who is the
subject of the grandparents' or great-grandparents' petition
has been voluntarily surrendered by the parent or parents,
except for a surrender to the Illinois Department of Children
and Family Services or a foster care facility, or has been
previously adopted by an individual or individuals who are
not related to the biological parents of the child or is the
subject of a pending adoption petition by an individual or
individuals who are not related to the biological parents of
the child.
(3) When one parent is deceased, the surviving parent
shall not interfere with the visitation rights of the
grandparents.
(c) The court may modify an order granting or denying
visitation rights whenever modification would serve the best
interest of the child; but the court shall not restrict a
parent's visitation rights unless it finds that the
visitation would endanger seriously the child's physical,
mental, moral or emotional health.
(d) If any court has entered an order prohibiting a
non-custodial parent of a child from any contact with a child
or restricting the non-custodial parent's contact with the
child, the following provisions shall apply:
(1) If an order has been entered granting
visitation privileges with the child to a grandparent or
great-grandparent who is related to the child through the
non-custodial parent, the visitation privileges of the
grandparent or great-grandparent may be revoked if:
(i) a court has entered an order prohibiting
the non-custodial parent from any contact with the
child, and the grandparent or great-grandparent is
found to have used his or her visitation privileges
to facilitate contact between the child and the
non-custodial parent; or
(ii) a court has entered an order restricting
the non-custodial parent's contact with the child,
and the grandparent or great-grandparent is found to
have used his or her visitation privileges to
facilitate contact between the child and the
non-custodial parent in a manner that violates the
terms of the order restricting the non-custodial
parent's contact with the child.
Nothing in this subdivision (1) limits the authority
of the court to enforce its orders in any manner
permitted by law.
(2) Any order granting visitation privileges with
the child to a grandparent or great-grandparent who is
related to the child through the non-custodial parent
shall contain the following provision:
"If the (grandparent or great-grandparent, whichever
is applicable) who has been granted visitation privileges
under this order uses the visitation privileges to
facilitate contact between the child and the child's
non-custodial parent, the visitation privileges granted
under this order shall be permanently revoked."
(e) No parent, not granted custody of the child, or
grandparent, or great-grandparent, or sibling of any minor
child, convicted of any offense involving an illegal sex act
perpetrated upon a victim less than 18 years of age including
but not limited to offenses for violations of Article 12 of
the Criminal Code of 1961, is entitled to visitation rights
while incarcerated or while on parole or mandatory supervised
release for that offense, and upon discharge from
incarceration for a misdemeanor offense or upon discharge
from parole or mandatory supervised release for a felony
offense, visitation shall be denied until said person
successfully completes a treatment program approved by the
court.
(f) Unless the court determines, after considering all
relevant factors, including but not limited to those set
forth in Section 602(a), that it would be in the best
interests of the child to allow visitation, the court shall
not enter an order providing visitation rights and pursuant
to a motion to modify visitation shall revoke visitation
rights previously granted to any person who would otherwise
be entitled to petition for visitation rights under this
Section who has been convicted of first degree murder of the
parent, grandparent, great-grandparent, or sibling of the
child who is the subject of the order. Until an order is
entered pursuant to this subsection, no person shall visit,
with the child present, a person who has been convicted of
first degree murder of the parent, grandparent,
great-grandparent, or sibling of the child without the
consent of the child's parent, other than a parent convicted
of first degree murder as set forth herein, or legal
guardian.
(Source: P.A. 88-23; 88-267; 88-670, eff. 12-2-94; 89-488,
eff. 6-21-96.)
Section 10. The Probate Act of 1975 is amended by
changing Section 11-7.1 as follows:
(755 ILCS 5/11-7.1) (from Ch. 110 1/2, par. 11-7.1)
Sec. 11-7.1. Visitation rights.
(a) Whenever both natural or adoptive parents of a minor
are deceased, visitation rights shall be granted to the
grandparents of the minor who are the parents of the minor's
legal parents unless it is shown that such visitation would
be detrimental to the best interests and welfare of the
minor. In the discretion of the court, reasonable visitation
rights may be granted to any other relative of the minor or
other person having an interest in the welfare of the child.
However, the court shall not grant visitation privileges to
any person who otherwise might have visitation privileges
under this Section where the minor has been adopted
subsequent to the death of both his legal parents except
where such adoption is by a close relative. For the purpose
of this Section, "close relative" shall include, but not be
limited to, a grandparent, aunt, uncle, first cousin, or
adult brother or sister.
Where such adoption is by a close relative, the court
shall not grant visitation privileges under this Section
unless the petitioner alleges and proves that he or she has
been unreasonably denied visitation with the child. The
court may grant reasonable visitation privileges upon finding
that such visitation would be in the best interest of the
child.
An order denying visitation rights to grandparents of the
minor shall be in writing and shall state the reasons for
denial. An order denying visitation rights is a final order
for purposes of appeal.
(b) Unless the court determines, after considering all
relevant factors, including but not limited to those set
forth in Section 602(a) of the Illinois Marriage and
Dissolution of Marriage Act, that it would be in the best
interests of the child to allow visitation, the court shall
not enter an order providing visitation rights and pursuant
to a motion to modify visitation brought under Section 607(f)
of the Illinois Marriage and Dissolution of Marriage Act
shall revoke visitation rights previously granted to any
person who would otherwise be entitled to petition for
visitation rights under this Section who has been convicted
of first degree murder of the parent, grandparent,
great-grandparent, or sibling of the child who is the subject
of the order. Until an order is entered pursuant to this
subsection, no person shall visit, with the child present, a
person who has been convicted of first degree murder of the
parent, grandparent, great-grandparent, or sibling of the
child without the consent of the child's parent, other than a
parent convicted of first degree murder as set forth herein,
or legal guardian.
(Source: P.A. 85-1274.)