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Public Act 91-0410
HB0377 Enrolled LRB9100081SMdvA
AN ACT regarding representation of a child, 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 506 as follows:
(750 ILCS 5/506) (from Ch. 40, par. 506)
Sec. 506. Representation of child.
(a) Duties. In any proceedings involving the support,
custody, visitation, education, parentage, property interest,
or general welfare of a minor or dependent child, the court
may, on its own motion or that of any party, and subject to
the terms or specifications the court determines, appoint an
attorney to serve in one of the following capacities:
(1) as an attorney to represent the child;
(2) as a guardian ad litem to address issues the
court delineates;
(3) as a child's representative whose duty shall be
to advocate what the representative finds to be in the
best interests of the child after reviewing the facts and
circumstances of the case. The child's representative
shall have the same power and authority to take part in
the conduct of the litigation as does an attorney for a
party and shall possess all the powers of investigation
and recommendation as does a guardian ad litem. The
child's representative shall consider, but not be bound
by, the expressed wishes of the child. A child's
representative shall have received training in child
advocacy or shall possess such experience as determined
to be equivalent to such training by the chief judge of
the circuit where the child's representative has been
appointed. The child's representative shall not disclose
confidential communications made by the child, except as
required by law or by the Rules of Professional Conduct.
The child's representative shall not be called as a
witness regarding the issues set forth in this
subsection.
During the proceedings the court may appoint an
additional attorney to serve in another of the capacities
described in subdivisions (a)(1), (a)(2), or (a)(3) on its
own motion or that of a party only for good cause shown and
when the reasons for the additional appointment are set forth
in specific findings.
(b) Fees and costs. The court shall enter an order as
appropriate for costs, fees, and disbursements, including a
retainer, when the attorney, guardian ad litem, or child's
representative is appointed, and thereafter as necessary.
Such orders shall require payment by either or both parents,
by any other party or source, or from the marital estate or
the child's separate estate. The court may not order payment
by the Illinois Department of Public Aid in cases in which
the Department is providing child and spouse support services
under Article X of the Illinois Public Aid Code. Unless
otherwise ordered by the court at the time fees and costs are
approved, all fees and costs payable to an attorney, guardian
ad litem, or child's representative under this Section are by
implication deemed to be in the nature of support of the
child and are within the exceptions to discharge in
bankruptcy under 11 U.S.C.A. 523. The provisions of Sections
501 and 508 of this Act shall apply to fees and costs for
attorneys appointed under this Section.
The court may appoint an attorney to represent the best
interests of a minor or dependent child with respect to his
support, custody, visitation, and property. The court may
also appoint an attorney as the guardian-ad-litem for the
child. The court shall enter an order for costs, fees and
disbursements in favor of the child's attorney and
guardian-ad-litem, as the case may be. The order shall be
made against either or both parents or any adult party, or
against the child's separate estate.
(Source: P.A. 89-364, eff. 8-18-95; 90-309, eff. 1-1-98.)
Section 10. The Illinois Parentage Act of 1984 is
amended by changing Section 18 as follows:
(750 ILCS 45/18) (from Ch. 40, par. 2518)
Sec. 18. Right to Counsel; Free Transcript on Appeal.
(a) Any party may be represented by counsel at all
proceedings under this Act.
(a-5) In any proceedings involving the support, custody,
visitation, education, parentage, property interest, or
general welfare of a minor or dependent child, the court may,
on its own motion or that of any party, and subject to the
terms or specifications the court determines, appoint an
attorney to serve in one of the following capacities:
(1) as an attorney to represent the child;
(2) as a guardian ad litem to address issues the
court delineates;
(3) as a child's representative whose duty shall be
to advocate what the representative finds to be in the
best interests of the child after reviewing the facts and
circumstances of the case. The child's representative
shall have the same power and authority to take part in
the conduct of the litigation as does an attorney for a
party and shall possess all the powers of investigation
and recommendation as does a guardian ad litem. The
child's representative shall consider, but not be bound
by, the expressed wishes of the child. A child's
representative shall have received training in child
advocacy or shall possess such experience as determined
to be equivalent to such training by the chief judge of
the circuit where the child's representative has been
appointed. The child's representative shall not disclose
confidential communications made by the child, except as
required by law or by the Rules of Professional Conduct.
The child's representative shall not be called as a
witness regarding the issues set forth in this
subsection.
During the proceedings the court may appoint an
additional attorney to serve in another of the capacities
described in subdivisions (1), (2), or (3) of the preceding
paragraph on its own motion or that of a party only for good
cause shown and when the reasons for the additional
appointment are set forth in specific findings.
The court shall enter an order as appropriate for costs,
fees, and disbursements, including a retainer, when the
attorney, guardian ad litem, or child's representative is
appointed, and thereafter as necessary. Such orders shall
require payment by either or both parents, by any other party
or source, or from the marital estate or the child's separate
estate. The court may not order payment by the Illinois
Department of Public Aid in cases in which the Department is
providing child and spouse support services under Article X
of the Illinois Public Aid Code. Unless otherwise ordered by
the court at the time fees and costs are approved, all fees
and costs payable to an attorney, guardian ad litem, or
child's representative under this Section are by implication
deemed to be in the nature of support of the child and are
within the exceptions to discharge in bankruptcy under 11
U.S.C.A. 523. The provisions of Sections 501 and 508 of this
Act shall apply to fees and costs for attorneys appointed
under this Section. In the best interests of the child, the
court may appoint counsel to represent a child whose
parentage is at issue.
(b) Upon the request of a mother or child seeking to
establish the existence of a father and child relationship,
the State's Attorney shall represent the mother or child in
the trial court. If the child is an applicant for or a
recipient of assistance as defined in Section 2-6 of "The
Illinois Public Aid Code", approved April 11, 1967, as
amended, or has applied to the Illinois Department of Public
Aid for services under Article X of such Code, the Department
may file a complaint in the child's behalf under this Act.
The Department shall refer the complaint to the Public Aid
Claims Enforcement Division of the Office of the Attorney
General as provided in Section 12-16 of "The Illinois Public
Aid Code" for enforcement by the Attorney General. Legal
representation by the State's Attorney or the Attorney
General shall be limited to the establishment and enforcement
of an order for support, and shall not extend to visitation,
custody, property or other matters. If visitation, custody,
property or other matters are raised by a party and
considered by the court in any proceeding under this Act, the
court shall provide a continuance sufficient to enable the
mother or child to obtain representation for such matters.
(c) The Court may appoint counsel to represent any
indigent defendant in the trial court, except that this
representation shall be limited to the establishment of a
parent and child relationship and an order for support, and
shall not extend to visitation, custody, property,
enforcement of an order for support, or other matters. If
visitation, custody, property or other matters are raised by
a party and considered by the court in any proceeding under
this Act, the court shall provide a continuance sufficient to
enable the defendant to obtain representation for such
matters.
(d) The court shall furnish on request of any indigent
party a transcript for purposes of appeal.
(Source: P.A. 90-23, eff. 1-1-98.)
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