Bill Text: IL HB5548 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Excludes from the definition of "abuse" obtaining, seeking, or facilitating lawful health care for a minor child by a parent or person in loco parentis. Requires the court to consider in determining parental responsibilities and parenting time a parent's affirmation of the child's gender identity or gender expression in a way that promotes the child's overall health and well-being. Allows a court to modify an order restricting parental responsibilities if it finds persistent, continuing interference with the child's ability to access lawful health care. Declares that a law of another state that authorizes the removal of a child from a parent or person acting as a parent based on the parent or person acting as a parent allowing a child to receive lawful health care is against the public policy of the State and shall not be enforced or applied in a case pending in a court in the State. Amends the Uniform Child-Custody Jurisdiction and Enforcement Act. Provides that the presence of a child in the State for the purpose of obtaining lawful health care is sufficient to meet the jurisdiction of the State for an initial child custody determination for temporary emergency matters. Provides that the State is not an inconvenient forum if lawful health care to the child is at issue in which the law or policy of the other state that may take jurisdiction limits the ability of a parent or person acting as a parent to obtain lawful health care for the child. Effective immediately.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-04-12 - Removed Co-Sponsor Rep. Kimberly Du Buclet [HB5548 Detail]

Download: Illinois-2023-HB5548-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5548 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED:
750 ILCS 5/600
750 ILCS 5/602.5
750 ILCS 5/602.7
750 ILCS 5/603.10
750 ILCS 5/612 new
750 ILCS 36/102
750 ILCS 36/201
750 ILCS 36/204
750 ILCS 36/207
750 ILCS 36/208
750 ILCS 36/313.1 new
Amends the Illinois Marriage and Dissolution of Marriage Act. Excludes from the definition of "abuse" obtaining, seeking, or facilitating lawful health care for a minor child by a parent or person in loco parentis. Requires the court to consider in determining parental responsibilities and parenting time a parent's affirmation of the child's gender identity or gender expression in a way that promotes the child's overall health and well-being, including accessing lawful health care. Allows a court to modify an order restricting parental responsibilities if it finds persistent, continuing interference with the child's ability to access lawful health care. Declares it to it is against the public policy of this State and shall not be enforced if a law of another state authorizes the removal of a child from the parent or acting as a parent for allowing a child to receive lawful health care. Amends the Uniform Child-Custody Jurisdiction and Enforcement Act. Provides that the presence of a child in this State for the purpose of obtaining lawful health care is sufficient to meet the jurisdiction of this State for an initial child custody determination for temporary emergency matters. Provides that this State is not an inconvenient forum if lawful health care to the child is at issue in which the law or policy of the other state that may take jurisdiction limits the ability of a parent or person acting as a parent to obtain lawful health care for the child. Effective immediately.
LRB103 38744 JRC 68881 b
A BILL FOR
HB5548 LRB103 38744 JRC 68881 b
AN ACT concerning civil law.
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 Sections 600, 602.5,
602.7, and 603.10 and by adding Section 612 as follows:
(750 ILCS 5/600)
Sec. 600. Definitions. For purposes of this Part VI:
(a) "Abuse" has the meaning ascribed to that term in
Section 103 of the Illinois Domestic Violence Act of 1986.
"Abuse" does not include obtaining, seeking, or facilitating
lawful health care for a minor child by a parent or person in
loco parentis.
(b) "Allocation judgment" means a judgment allocating
parental responsibilities.
(c) "Caretaking functions" means tasks that involve
interaction with a child or that direct, arrange, and
supervise the interaction with and care of a child provided by
others, or for obtaining the resources allowing for the
provision of these functions. The term includes, but is not
limited to, the following:
(1) satisfying a child's nutritional needs; managing a
child's bedtime and wake-up routines; caring for a child

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when the child is sick or injured; being attentive to a
child's personal hygiene needs, including washing,
grooming, and dressing; playing with a child and ensuring
the child attends scheduled extracurricular activities;
protecting a child's physical safety; and providing
transportation for a child;
(2) directing a child's various developmental needs,
including the acquisition of motor and language skills,
toilet training, self-confidence, and maturation;
(3) providing discipline, giving instruction in
manners, assigning and supervising chores, and performing
other tasks that attend to a child's needs for behavioral
control and self-restraint;
(4) ensuring the child attends school, including
remedial and special services appropriate to the child's
needs and interests, communicating with teachers and
counselors, and supervising homework;
(5) helping a child develop and maintain appropriate
interpersonal relationships with peers, siblings, and
other family members;
(6) ensuring the child attends medical appointments
and is available for medical follow-up and meeting the
medical needs of the child in the home;
(7) providing moral and ethical guidance for a child;
and
(8) arranging alternative care for a child by a family

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member, babysitter, or other child care provider or
facility, including investigating such alternatives,
communicating with providers, and supervising such care.
"Lawful health care" has the meaning ascribed to that term
in the Lawful Health Care Activity Act.
(e) (d) "Parental responsibilities" means both parenting
time and significant decision-making responsibilities with
respect to a child.
(f) (e) "Parenting time" means the time during which a
parent is responsible for exercising caretaking functions and
non-significant decision-making responsibilities with respect
to the child.
(g) (f) "Parenting plan" means a written agreement that
allocates significant decision-making responsibilities,
parenting time, or both.
(h) (g) "Relocation" means:
(1) a change of residence from the child's current
primary residence located in the county of Cook, DuPage,
Kane, Lake, McHenry, or Will to a new residence within
this State that is more than 25 miles from the child's
current residence, as measured by an Internet mapping
service;
(2) a change of residence from the child's current
primary residence located in a county not listed in
paragraph (1) to a new residence within this State that is
more than 50 miles from the child's current primary

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residence, as measured by an Internet mapping service; or
(3) a change of residence from the child's current
primary residence to a residence outside the borders of
this State that is more than 25 miles from the current
primary residence, as measured by an Internet mapping
service.
(i) (h) "Religious upbringing" means the choice of religion
or denomination of a religion, religious schooling, religious
training, or participation in religious customs or practices.
(j) (i) "Restriction of parenting time" means any
limitation or condition placed on parenting time, including
supervision.
(k) (j) "Right of first refusal" has the meaning provided
in subsection (b) of Section 602.3 of this Act.
(l) (k) "Significant decision-making" means deciding
issues of long-term importance in the life of a child.
(m) (l) "Step-parent" means a person married to a child's
parent, including a person married to the child's parent
immediately prior to the parent's death.
(n) (m) "Supervision" means the presence of a third party
during a parent's exercise of parenting time.
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
(750 ILCS 5/602.5)
Sec. 602.5. Allocation of parental responsibilities:
decision-making.

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(a) Generally. The court shall allocate decision-making
responsibilities according to the child's best interests.
Nothing in this Act requires that each parent be allocated
decision-making responsibilities.
(b) Allocation of significant decision-making
responsibilities. Unless the parents otherwise agree in
writing on an allocation of significant decision-making
responsibilities, or the issue of the allocation of parental
responsibilities has been reserved under Section 401, the
court shall make the determination. The court shall allocate
to one or both of the parents the significant decision-making
responsibility for each significant issue affecting the child.
Those significant issues shall include, without limitation,
the following:
(1) Education, including the choice of schools and
tutors.
(2) Health, including all decisions relating to the
medical, dental, and psychological needs of the child and
to the treatments arising or resulting from those needs.
(3) Religion, subject to the following provisions:
(A) The court shall allocate decision-making
responsibility for the child's religious upbringing in
accordance with any express or implied agreement
between the parents.
(B) The court shall consider evidence of the
parents' past conduct as to the child's religious

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upbringing in allocating decision-making
responsibilities consistent with demonstrated past
conduct in the absence of an express or implied
agreement between the parents.
(C) The court shall not allocate any aspect of the
child's religious upbringing if it determines that the
parents do not or did not have an express or implied
agreement for such religious upbringing or that there
is insufficient evidence to demonstrate a course of
conduct regarding the child's religious upbringing
that could serve as a basis for any such order.
(4) Extracurricular activities.
(c) Determination of child's best interests. In
determining the child's best interests for purposes of
allocating significant decision-making responsibilities, the
court shall consider all relevant factors, including, without
limitation, the following:
(1) the wishes of the child, taking into account the
child's maturity and ability to express reasoned and
independent preferences as to decision-making;
(2) the child's adjustment to his or her home, school,
and community;
(3) the mental and physical health of all individuals
involved;
(4) a parent's affirmation of the child's gender
identity or gender expression in a way that promotes the

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child's overall health and well-being, including accessing
lawful health care;
(5) (4) the ability of the parents to cooperate to
make decisions, or the level of conflict between the
parties that may affect their ability to share
decision-making;
(6) (5) the level of each parent's participation in
past significant decision-making with respect to the
child;
(7) (6) any prior agreement or course of conduct
between the parents relating to decision-making with
respect to the child;
(8) (7) the wishes of the parents;
(9) (8) the child's needs;
(10) (9) the distance between the parents' residences,
the cost and difficulty of transporting the child, each
parent's and the child's daily schedules, and the ability
of the parents to cooperate in the arrangement;
(11) (10) whether a restriction on decision-making is
appropriate under Section 603.10;
(12) (11) the willingness and ability of each parent to
facilitate and encourage a close and continuing
relationship between the other parent and the child;
(13) (12) the physical violence or threat of physical
violence by the child's parent directed against the child;
(14) (13) the occurrence of abuse against the child or

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other member of the child's household;
(15) (14) whether one of the parents is a sex
offender, and if so, the exact nature of the offense and
what, if any, treatment in which the parent has
successfully participated; and
(16) (15) any other factor that the court expressly
finds to be relevant.
(d) A parent shall have sole responsibility for making
routine decisions with respect to the child and for emergency
decisions affecting the child's health and safety during that
parent's parenting time.
(e) In allocating significant decision-making
responsibilities, the court shall not consider conduct of a
parent that does not affect that parent's relationship to the
child.
(Source: P.A. 99-90, eff. 1-1-16.)
(750 ILCS 5/602.7)
Sec. 602.7. Allocation of parental responsibilities:
parenting time.
(a) Best interests. The court shall allocate parenting
time according to the child's best interests.
(b) Allocation of parenting time. Unless the parents
present a mutually agreed written parenting plan and that plan
is approved by the court, the court shall allocate parenting
time. It is presumed both parents are fit and the court shall

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not place any restrictions on parenting time as defined in
Section 600 and described in Section 603.10, unless it finds
by a preponderance of the evidence that a parent's exercise of
parenting time would seriously endanger the child's physical,
mental, moral, or emotional health.
In determining the child's best interests for purposes of
allocating parenting time, the court shall consider all
relevant factors, including, without limitation, the
following:
(1) the wishes of each parent seeking parenting time;
(2) the wishes of the child, taking into account the
child's maturity and ability to express reasoned and
independent preferences as to parenting time;
(3) the amount of time each parent spent performing
caretaking functions with respect to the child in the 24
months preceding the filing of any petition for allocation
of parental responsibilities or, if the child is under 2
years of age, since the child's birth;
(4) any prior agreement or course of conduct between
the parents relating to caretaking functions with respect
to the child;
(5) the interaction and interrelationship of the child
with his or her parents and siblings and with any other
person who may significantly affect the child's best
interests;
(6) the child's adjustment to his or her home, school,

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and community;
(7) the mental and physical health of all individuals
involved;
(8) the child's needs;
(9) the distance between the parents' residences, the
cost and difficulty of transporting the child, each
parent's and the child's daily schedules, and the ability
of the parents to cooperate in the arrangement;
(10) whether a restriction on parenting time is
appropriate;
(11) the physical violence or threat of physical
violence by the child's parent directed against the child
or other member of the child's household;
(12) the willingness and ability of each parent to
place the needs of the child ahead of his or her own needs;
(13) the willingness and ability of each parent to
facilitate and encourage a close and continuing
relationship between the other parent and the child;
(14) the occurrence of abuse against the child or
other member of the child's household;
(15) whether one of the parents is a convicted sex
offender or lives with a convicted sex offender and, if
so, the exact nature of the offense and what if any
treatment the offender has successfully participated in;
the parties are entitled to a hearing on the issues raised
in this paragraph (15);

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(16) the terms of a parent's military family-care plan
that a parent must complete before deployment if a parent
is a member of the United States Armed Forces who is being
deployed; and
(17) a parent's affirmation of the child's gender
identity or gender expression in a way that promotes the
child's overall health and well-being, including accessing
lawful health care; and
(18) (17) any other factor that the court expressly
finds to be relevant.
(c) In allocating parenting time, the court shall not
consider conduct of a parent that does not affect that
parent's relationship to the child.
(d) Upon motion, the court may allow a parent who is
deployed or who has orders to be deployed as a member of the
United States Armed Forces to designate a person known to the
child to exercise reasonable substitute visitation on behalf
of the deployed parent, if the court determines that
substitute visitation is in the best interests of the child.
In determining whether substitute visitation is in the best
interests of the child, the court shall consider all of the
relevant factors listed in subsection (b) of this Section and
apply those factors to the person designated as a substitute
for the deployed parent for visitation purposes. Visitation
orders entered under this subsection are subject to
subsections (e) and (f) of Section 602.9 and subsections (c)

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and (d) of Section 603.10.
(e) If the street address of a parent is not identified
pursuant to Section 708 of this Act, the court shall require
the parties to identify reasonable alternative arrangements
for parenting time by the other parent including, but not
limited to, parenting time of the minor child at the residence
of another person or at a local public or private facility.
(Source: P.A. 99-90, eff. 1-1-16.)
(750 ILCS 5/603.10)
Sec. 603.10. Restriction of parental responsibilities.
(a) After a hearing, if the court finds by a preponderance
of the evidence that a parent engaged in any conduct that
seriously endangered the child's mental, moral, or physical
health or that significantly impaired the child's emotional
development, the court shall enter orders as necessary to
protect the child. Such orders may include, but are not
limited to, orders for one or more of the following:
(1) a reduction, elimination, or other adjustment of
the parent's decision-making responsibilities or parenting
time, or both decision-making responsibilities and
parenting time;
(2) supervision, including ordering the Department of
Children and Family Services to exercise continuing
supervision under Section 5 of the Children and Family
Services Act;

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(3) requiring the exchange of the child between the
parents through an intermediary or in a protected setting;
(4) restraining a parent's communication with or
proximity to the other parent or the child;
(5) requiring a parent to abstain from possessing or
consuming alcohol or non-prescribed drugs while exercising
parenting time with the child and within a specified
period immediately preceding the exercise of parenting
time;
(6) restricting the presence of specific persons while
a parent is exercising parenting time with the child;
(7) requiring a parent to post a bond to secure the
return of the child following the parent's exercise of
parenting time or to secure other performance required by
the court;
(8) requiring a parent to complete a treatment program
for perpetrators of abuse, for drug or alcohol abuse, or
for other behavior that is the basis for restricting
parental responsibilities under this Section; and
(9) any other constraints or conditions that the court
deems necessary to provide for the child's safety or
welfare.
(b) The court may modify an order restricting parental
responsibilities if, after a hearing, the court finds by a
preponderance of the evidence that a modification is in the
child's best interests based on (i) a change of circumstances

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that occurred after the entry of an order restricting parental
responsibilities; or (ii) conduct of which the court was
previously unaware that seriously endangers the child. In
determining whether to modify an order under this subsection,
the court must consider factors that include, but need not be
limited to, the following:
(1) abuse, neglect, or abandonment of the child;
(2) abusing or allowing abuse of another person that
had an impact upon the child;
(3) use of drugs, alcohol, or any other substance in a
way that interferes with the parent's ability to perform
caretaking functions with respect to the child; and
(4) persistent continuing interference with the other
parent's access to the child, except for actions taken
with a reasonable, good-faith belief that they are
necessary to protect the child's safety pending
adjudication of the facts underlying that belief, provided
that the interfering parent initiates a proceeding to
determine those facts as soon as practicable; and .
(5) persistent continuing interference with the
child's ability to access lawful health care.
(c) An order granting parenting time to a parent or
visitation to another person may be revoked by the court if
that parent or other person is found to have knowingly used his
or her parenting time or visitation to facilitate contact
between the child and a parent who has been barred from contact

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with the child or to have knowingly used his or her parenting
time or visitation to facilitate contact with the child that
violates any restrictions imposed on a parent's parenting time
by a court of competent jurisdiction. Nothing in this
subsection limits a court's authority to enforce its orders in
any other manner authorized by law.
(d) If parenting time of a parent is restricted, an order
granting visitation to a non-parent with a child or an order
granting parenting time to the other parent shall contain the
following language:
"If a person granted parenting time or visitation
under this order uses that time to facilitate contact
between the child and a parent whose parenting time is
restricted, or if such a person violates any restrictions
placed on parenting time or visitation by the court, the
parenting time or visitation granted under this order
shall be revoked until further order of court."
(e) A parent who, after a hearing, is determined by the
court to have been convicted of any offense involving an
illegal sex act perpetrated upon a victim less than 18 years of
age, including but not limited to an offense under Article 11
of the Criminal Code of 2012, is not entitled to parenting time
while incarcerated or while on parole, probation, conditional
discharge, periodic imprisonment, or mandatory supervised
release for a felony offense, until the parent complies with
such terms and conditions as the court determines are in the

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child's best interests, taking into account the exact nature
of the offense and what, if any, treatment in which the parent
successfully participated.
(f) A parent may not, while the child is present, visit any
person granted visitation or parenting time who has been
convicted of first degree murder, unless the court finds,
after considering all relevant factors, including those set
forth in subsection (b) of Section 602.7, that it would be in
the child's best interests to allow the child to be present
during such a visit.
(Source: P.A. 99-90, eff. 1-1-16.)
(750 ILCS 5/612 new)
Sec. 612. Legislative declaration of public policy. A law
of another state that authorizes the removal of a child from a
parent or person acting as a parent based on the parent or
person acting as a parent allowing a child to receive lawful
health care is against the public policy of this State and
shall not be enforced or applied in a case pending in a court
in this State.
Section 10. The Uniform Child-Custody Jurisdiction and
Enforcement Act is amended by changing Sections 102, 201, 204,
207, and 208 and by adding Section 313.1 as follows:
(750 ILCS 36/102)

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Sec. 102. Definitions. In this Act:
(1) "Abandoned" means left without provision for
reasonable and necessary care or supervision.
(2) "Child" means an individual who has not attained 18
years of age.
(3) "Child-custody determination" means a judgment,
decree, or other order of a court providing for the legal
custody, physical custody, or visitation with respect to a
child. The term includes a permanent, temporary, initial, and
modification order. The term does not include an order
relating to child support or other monetary obligation of an
individual.
(4) "Child-custody proceeding" means a proceeding in which
legal custody, physical custody, or visitation with respect to
a child is an issue. The term includes a proceeding for
divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from
domestic violence, in which the issue may appear. The term
does not include a proceeding involving juvenile delinquency,
contractual emancipation, or enforcement under Article 3.
(5) "Commencement" means the filing of the first pleading
in a proceeding.
(6) "Court" means an entity authorized under the law of a
state to establish, enforce, or modify a child-custody
determination.
(7) "Home state" means the state in which a child lived

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with a parent or a person acting as a parent for at least six
consecutive months immediately before the commencement of a
child-custody proceeding. In the case of a child less than six
months of age, the term means the state in which the child
lived from birth with any of the persons mentioned. A period of
temporary absence of any of the mentioned persons is part of
the period.
(8) "Initial determination" means the first child-custody
determination concerning a particular child.
(9) "Issuing court" means the court that makes a
child-custody determination for which enforcement is sought
under this Act.
(10) "Issuing state" means the state in which a
child-custody determination is made.
(11) "Lawful health care" has the meaning ascribed to that
term in the Lawful Health Care Activity Act.
(12) (11) "Modification" means a child-custody
determination that changes, replaces, supersedes, or is
otherwise made after a previous determination concerning the
same child, whether or not it is made by the court that made
the previous determination.
(13) (12) "Person" means an individual, corporation,
business trust, estate, trust, partnership, limited liability
company, association, joint venture, government; governmental
subdivision, agency, or instrumentality; public corporation;
or any other legal or commercial entity.

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(14) (13) "Person acting as a parent" means a person,
other than a parent, who:
(A) has physical custody of the child or has had
physical custody for a period of six consecutive months,
including any temporary absence, within one year
immediately before the commencement of a child-custody
proceeding; and
(B) has been awarded legal custody by a court or
claims a right to legal custody under the law of this
State.
(15) (14) "Physical custody" means the physical care and
supervision of a child.
(16) (15) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(17) (16) "Tribe" means an Indian tribe or band, or
Alaskan Native village, which is recognized by federal law or
formally acknowledged by a state.
(18) (17) "Warrant" means an order issued by a court
authorizing law enforcement officers to take physical custody
of a child.
(Source: P.A. 93-108, eff. 1-1-04.)
(750 ILCS 36/201)
Sec. 201. Initial Child-Custody Jurisdiction.

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(a) Except as otherwise provided in Section 204, a court
of this State has jurisdiction to make an initial
child-custody determination only if:
(1) this State is the home state of the child on the
date of the commencement of the proceeding, or was the
home state of the child within six months before the
commencement of the proceeding and the child is absent
from this State but a parent or person acting as a parent
continues to live in this State;
(2) a court of another state does not have
jurisdiction under paragraph (1), or a court of the home
state of the child has declined to exercise jurisdiction
on the ground that this State is the more appropriate
forum under Section 207 or 208, and:
(A) the child and the child's parents, or the
child and at least one parent or a person acting as a
parent, have a significant connection with this State
other than mere physical presence; and
(B) substantial evidence is available in this
State concerning the child's care, protection,
training, and personal relationships;
(3) all courts having jurisdiction under paragraph (1)
or (2) have declined to exercise jurisdiction on the
ground that a court of this State is the more appropriate
forum to determine the custody of the child under Section
207 or 208; or

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(4) no court of any other state would have
jurisdiction under the criteria specified in paragraph
(1), (2), or (3).
(b) Subsection (a) is the exclusive jurisdictional basis
for making a child-custody determination by a court of this
State.
(c) Physical presence of, or personal jurisdiction over, a
party or a child is not necessary or sufficient to make a
child-custody determination.
(d) The presence of a child in this State for the purpose
of obtaining lawful health care is sufficient to meet the
requirements of paragraphs 2(A) and (B) of subsection (a).
(Source: P.A. 93-108, eff. 1-1-04.)
(750 ILCS 36/204)
Sec. 204. Temporary Emergency Jurisdiction.
(a) A court of this State has temporary emergency
jurisdiction if the child is present in this State and the
child has been abandoned or it is necessary in an emergency to
protect the child because the child, or a sibling or parent of
the child, is subjected to or threatened with mistreatment or
abuse, or the child is present in this state because the child
has been unable to obtain lawful health care in another
state..
(b) If there is no previous child-custody determination
that is entitled to be enforced under this Act and a

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child-custody proceeding has not been commenced in a court of
a state having jurisdiction under Sections 201 through 203, a
child-custody determination made under this Section remains in
effect until an order is obtained from a court of a state
having jurisdiction under Sections 201 through 203. If a
child-custody proceeding has not been or is not commenced in a
court of a state having jurisdiction under Sections 201
through 203, a child-custody determination made under this
Section becomes a final determination, if it so provides and
this State becomes the home state of the child.
(c) If there is a previous child-custody determination
that is entitled to be enforced under this Act, or a
child-custody proceeding has been commenced in a court of a
state having jurisdiction under Sections 201 through 203, any
order issued by a court of this State under this Section must
specify in the order a period that the court considers
adequate to allow the person seeking an order to obtain an
order from the state having jurisdiction under Sections 201
through 203. The order issued in this State remains in effect
until an order is obtained from the other state within the
period specified or the period expires.
(d) A court of this State which has been asked to make a
child-custody determination under this Section, upon being
informed that a child-custody proceeding has been commenced
in, or a child-custody determination has been made by, a court
of a state having jurisdiction under Sections 201 through 203,

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shall immediately communicate with the other court. A court of
this State which is exercising jurisdiction pursuant to
Sections 201 through 203, upon being informed that a
child-custody proceeding has been commenced in, or a
child-custody determination has been made by, a court of
another state under a statute similar to this Section shall
immediately communicate with the court of that state to
resolve the emergency, protect the safety of the parties and
the child, and determine a period for the duration of the
temporary order.
(Source: P.A. 93-108, eff. 1-1-04.)
(750 ILCS 36/207)
Sec. 207. Inconvenient Forum.
(a) A court of this State which has jurisdiction under
this Act to make a child-custody determination may decline to
exercise its jurisdiction at any time if it determines that it
is an inconvenient forum under the circumstances and that a
court of another state is a more appropriate forum. The issue
of inconvenient forum may be raised upon motion of a party, the
court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient
forum, a court of this State shall consider whether it is
appropriate for a court of another state to exercise
jurisdiction. For this purpose, the court shall allow the
parties to submit information and shall consider all relevant

HB5548 - 24 - LRB103 38744 JRC 68881 b
factors, including:
(1) whether domestic violence has occurred and is
likely to continue in the future and which state could
best protect the parties and the child;
(2) the length of time the child has resided outside
this State;
(3) the distance between the court in this State and
the court in the state that would assume jurisdiction;
(4) the relative financial circumstances of the
parties;
(5) any agreement of the parties as to which state
should assume jurisdiction;
(6) the nature and location of the evidence required
to resolve the pending litigation, including testimony of
the child;
(7) the ability of the court of each state to decide
the issue expeditiously and the procedures necessary to
present the evidence; and
(8) the familiarity of the court of each state with
the facts and issues in the pending litigation.
(c) If a court of this State determines that it is an
inconvenient forum and that a court of another state is a more
appropriate forum, it shall stay the proceedings upon
condition that a child-custody proceeding be promptly
commenced in another designated state and may impose any other
condition the court considers just and proper.

HB5548 - 25 - LRB103 38744 JRC 68881 b
(d) A court of this State may decline to exercise its
jurisdiction under this Act if a child-custody determination
is incidental to an action for divorce or another proceeding
while still retaining jurisdiction over the divorce or other
proceeding.
(e) In a case where the provision of lawful health care to
the child is at issue, a court of this State shall not
determine that it is an inconvenient forum and must find that
it is a more appropriate forum where the law or policy of the
other state that may take jurisdiction limits the ability of a
parent or person acting as a parent to obtain lawful health
care for their child.
(Source: P.A. 93-108, eff. 1-1-04.)
(750 ILCS 36/208)
Sec. 208. Jurisdiction Declined By Reason Of Conduct.
(a) Except as otherwise provided in Section 204 or by
other law of this State, if a court of this State has
jurisdiction under this Act because a person seeking to invoke
its jurisdiction has engaged in unjustifiable conduct, the
court shall decline to exercise its jurisdiction unless:
(1) the parents and all persons acting as parents have
acquiesced in the exercise of jurisdiction;
(2) a court of the state otherwise having jurisdiction
under Sections 201 through 203 determines that this State
is a more appropriate forum under Section 207; or

HB5548 - 26 - LRB103 38744 JRC 68881 b
(3) no court of any other state would have
jurisdiction under the criteria specified in Sections 201
through 203.
(b) If a court of this State declines to exercise its
jurisdiction pursuant to subsection (a), it may fashion an
appropriate remedy to ensure the safety of the child and
prevent a repetition of the unjustifiable conduct, including
staying the proceeding until a child-custody proceeding is
commenced in a court having jurisdiction under Sections 201
through 203.
(c) If a court dismisses a petition or stays a proceeding
because it declines to exercise its jurisdiction pursuant to
subsection (a), it shall assess against the party seeking to
invoke its jurisdiction necessary and reasonable expenses
including costs, communication expenses, attorney's fees,
investigative fees, expenses for witnesses, travel expenses,
and child care during the course of the proceedings, unless
the party from whom fees are sought establishes that the
assessment would be clearly inappropriate. The court may not
assess fees, costs, or expenses against this State unless
authorized by law other than this Act.
(d) In making a determination under this Section, a court
shall not consider as a factor weighing against the petitioner
any taking of the child, or retention of the child after a
visit or other temporary relinquishment of physical custody,
from the person who has legal custody, if there is a finding

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that the taking or retention of the child was to protect the
petitioner from domestic violence or the child or sibling from
mistreatment or abuse, or for the purposes of obtaining lawful
health care for the child and the law or policy of the other
state limits the ability of a parent to obtain such lawful
health care for their child.
(Source: P.A. 93-108, eff. 1-1-04.)
(750 ILCS 36/313.1 new)
Sec. 313.1. Legislative declaration of public policy. A
law of another state that authorizes the removal of a child
from a parent or person acting as a parent based on the parent
or person acting as a parent allowing a child to receive lawful
health care is against the public policy of this State and
shall not be enforced or applied in a case pending in a court
in this State.