Bill Amendment: IL HB1555 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: IMDMA-GUARDIAN AD LITEM DUTIES

Status: 2023-06-30 - Public Act . . . . . . . . . 103-0126 [HB1555 Detail]

Download: Illinois-2023-HB1555-House_Amendment_001.html

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Rep. Terra Costa Howard

Filed: 3/8/2023

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AMENDMENT TO HOUSE BILL 1555
AMENDMENT NO. ______. Amend House Bill 1555 by replacing
everything after the enacting clause with the following:
"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, allocation of parental responsibilities,
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, appoint an attorney to serve in one of the
following capacities to address the issues the court
delineates:
(1) Attorney. The attorney shall provide independent
legal counsel for the child and shall owe the same duties

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of undivided loyalty, confidentiality, and competent
representation as are due an adult client.
(2) Guardian ad litem. The guardian ad litem shall
investigate the facts of the case and interview the child
and the parties. Unless the court directs otherwise, the
guardian ad litem shall submit to the court and the
parties a written report, written recommendations, or a
proposed parenting plan, in accordance with the child's
best interests, not less than 30 days before a final
hearing or trial. The guardian ad litem's written report
or written recommendations shall be admitted into evidence
without the need for foundation. The guardian ad litem
shall be available for deposition before a final hearing
or trial notwithstanding any other discovery cutoff. The
guardian ad litem shall testify or submit a written report
to the court regarding his or her recommendations in
accordance with the best interest of the child. The report
shall be made available to all parties. The guardian ad
litem may be called as a witness for purposes of
cross-examination regarding the guardian ad litem's report
or recommendations. At the discretion of the court, the
guardian ad litem:
(i) may be present for all proceedings, including
in camera examinations of the child;
(ii) may issue subpoenas for records as part of
the guardian ad litem's investigation; and

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(iii) may file pleadings relating to procedural
matters. The guardian ad litem shall investigate the
facts of the case and interview the child and the
parties.
(3) Child representative. The child representative
shall advocate what the child representative finds to be
in the best interests of the child after reviewing the
facts and circumstances of the case. The child
representative shall meet with the child and the parties,
investigate the facts of the case, and encourage
settlement and the use of alternative forms of dispute
resolution. The child representative shall have the same
authority and obligation to participate in the litigation
as does an attorney for a party and shall possess all the
powers of investigation as does a guardian ad litem. The
child representative shall consider, but not be bound by,
the expressed wishes of the child. A child 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 representative has been appointed. The child
representative shall not disclose confidential
communications made by the child, except as required by
law or by the Rules of Professional Conduct. The child
representative shall not render an opinion,
recommendation, or report to the court and shall not be

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called as a witness, but shall offer evidence-based legal
arguments. The child representative shall disclose the
position as to what the child representative intends to
advocate in a pre-trial memorandum that shall be served
upon all counsel of record prior to the trial. The
position disclosed in the pre-trial memorandum shall not
be considered evidence. The court and the parties may
consider the position of the child representative for
purposes of a settlement conference.
(a-3) Additional appointments. During the proceedings the
court may appoint an additional attorney to serve in the
capacity described in subdivision (a)(1) or an additional
attorney to serve in another of the capacities described in
subdivision (a)(2) or (a)(3) on the court's 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.
(a-5) Appointment considerations. In deciding whether to
make an appointment of an attorney for the minor child, a
guardian ad litem, or a child representative, the court shall
consider the nature and adequacy of the evidence to be
presented by the parties and the availability of other methods
of obtaining information, including social service
organizations and evaluations by mental health professions, as
well as resources for payment.
In no event is this Section intended to or designed to
abrogate the decision making power of the trier of fact. Any

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appointment made under this Section is not intended to nor
should it serve to place any appointed individual in the role
of a surrogate judge.
(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. Any person appointed under this
Section shall file with the court within 90 days of his or her
appointment, and every subsequent 90-day period thereafter
during the course of his or her representation, a detailed
invoice for services rendered with a copy being sent to each
party. The court shall review the invoice submitted and
approve the fees, if they are reasonable and necessary. Any
order approving the fees 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 Department of Healthcare and Family Services in
cases in which the Department is providing child support
enforcement 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 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

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costs for attorneys appointed under this Section.
(Source: P.A. 99-90, eff. 1-1-16.)".