Bill Text: IL SB1589 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, in addition to the factors the court shall consider when determining whether to grant visitation to certain non-parents, the court shall also consider whether there exist any other facts that establish that the loss of the relationship between the grandparent, great-grandparent, sibling, or step-parent and the child is likely to harm the child.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-02-08 - Referred to Assignments [SB1589 Detail]
Download: Illinois-2023-SB1589-Introduced.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Marriage and Dissolution of | |||||||||||||||||||
5 | Marriage Act is amended by changing Section 602.9 as follows:
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6 | (750 ILCS 5/602.9) | |||||||||||||||||||
7 | Sec. 602.9. Visitation by certain non-parents. | |||||||||||||||||||
8 | (a) As used in this Section: | |||||||||||||||||||
9 | (1) "electronic communication" means time that a | |||||||||||||||||||
10 | grandparent, great-grandparent, sibling, or step-parent | |||||||||||||||||||
11 | spends with a child during which the child is not in the | |||||||||||||||||||
12 | person's actual physical custody, but which is facilitated | |||||||||||||||||||
13 | by the use of communication tools such as the telephone, | |||||||||||||||||||
14 | electronic mail, instant messaging, video conferencing or | |||||||||||||||||||
15 | other wired or wireless technologies via the Internet, or | |||||||||||||||||||
16 | another medium of communication; | |||||||||||||||||||
17 | (2) "sibling" means a brother or sister either of the | |||||||||||||||||||
18 | whole blood or the half blood, stepbrother, or stepsister | |||||||||||||||||||
19 | of the minor child; | |||||||||||||||||||
20 | (3) "step-parent" means a person married to a child's | |||||||||||||||||||
21 | parent, including a person married to the child's parent | |||||||||||||||||||
22 | immediately prior to the parent's death; and | |||||||||||||||||||
23 | (4) "visitation" means in-person time spent between a |
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1 | child and the child's grandparent, great-grandparent, | ||||||
2 | sibling, step-parent, or any person designated under | ||||||
3 | subsection (d) of Section 602.7. In appropriate | ||||||
4 | circumstances, visitation may include electronic | ||||||
5 | communication under conditions and at times determined by | ||||||
6 | the court. | ||||||
7 | (b) General provisions. | ||||||
8 | (1) An appropriate person, as identified in subsection | ||||||
9 | (c) of this Section, may bring an action in circuit court | ||||||
10 | by petition, or by filing a petition in a pending | ||||||
11 | dissolution proceeding or any other proceeding that | ||||||
12 | involves parental responsibilities or visitation issues | ||||||
13 | regarding the child, requesting visitation with the child | ||||||
14 | pursuant to this Section. If there is not a pending | ||||||
15 | proceeding involving parental responsibilities or | ||||||
16 | visitation with the child, the petition for visitation | ||||||
17 | with the child must be filed in the county in which the | ||||||
18 | child resides. Notice of the petition shall be given as | ||||||
19 | provided in subsection (c) of Section 601.2 of this Act. | ||||||
20 | (2) This Section does not apply to a child: | ||||||
21 | (A) in whose interests a petition is pending under | ||||||
22 | Section 2-13 of the Juvenile Court Act of 1987; or | ||||||
23 | (B) in whose interests a petition to adopt by an | ||||||
24 | unrelated person is pending under the Adoption Act; or | ||||||
25 | (C) who has been voluntarily surrendered by the | ||||||
26 | parent or parents, except for a surrender to the |
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1 | Department of Children and Family Services or a foster | ||||||
2 | care facility; or | ||||||
3 | (D) who has been previously adopted by an | ||||||
4 | individual or individuals who are not related to the | ||||||
5 | biological parents of the child or who is the subject | ||||||
6 | of a pending adoption petition by an individual or | ||||||
7 | individuals who are not related to the biological | ||||||
8 | parents of the child; or | ||||||
9 | (E) who has been relinquished pursuant to the | ||||||
10 | Abandoned Newborn Infant Protection Act. | ||||||
11 | (3) A petition for visitation may be filed under this | ||||||
12 | Section only if there has been an unreasonable denial of | ||||||
13 | visitation by a parent and the denial has caused the child | ||||||
14 | undue mental, physical, or emotional harm. | ||||||
15 | (4) There is a rebuttable presumption that a fit | ||||||
16 | parent's actions and decisions regarding grandparent, | ||||||
17 | great-grandparent, sibling, or step-parent visitation are | ||||||
18 | not harmful to the child's mental, physical, or emotional | ||||||
19 | health. The burden is on the party filing a petition under | ||||||
20 | this Section to prove that the parent's actions and | ||||||
21 | decisions regarding visitation will cause undue harm to | ||||||
22 | the child's mental, physical, or emotional health. | ||||||
23 | (5) In determining whether to grant visitation, the | ||||||
24 | court shall consider the following: | ||||||
25 | (A) the wishes of the child, taking into account | ||||||
26 | the child's maturity and ability to express reasoned |
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1 | and independent preferences as to visitation; | ||||||
2 | (B) the mental and physical health of the child; | ||||||
3 | (C) the mental and physical health of the | ||||||
4 | grandparent, great-grandparent, sibling, or | ||||||
5 | step-parent; | ||||||
6 | (D) the length and quality of the prior | ||||||
7 | relationship between the child and the grandparent, | ||||||
8 | great-grandparent, sibling, or step-parent; | ||||||
9 | (E) the good faith of the party in filing the | ||||||
10 | petition; | ||||||
11 | (F) the good faith of the person denying | ||||||
12 | visitation; | ||||||
13 | (G) the quantity of the visitation time requested | ||||||
14 | and the potential adverse impact that visitation would | ||||||
15 | have on the child's customary activities; | ||||||
16 | (H) any other fact that establishes that the loss | ||||||
17 | of the relationship between the petitioner and the | ||||||
18 | child is likely to unduly harm the child's mental, | ||||||
19 | physical, or emotional health; and | ||||||
20 | (I) whether visitation can be structured in a way | ||||||
21 | to minimize the child's exposure to conflicts between | ||||||
22 | the adults. | ||||||
23 | (6) Any visitation rights granted under this Section | ||||||
24 | before the filing of a petition for adoption of the child | ||||||
25 | shall automatically terminate by operation of law upon the | ||||||
26 | entry of an order terminating parental rights or granting |
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1 | the adoption of the child, whichever is earlier. If the | ||||||
2 | person or persons who adopted the child are related to the | ||||||
3 | child, as defined by Section 1 of the Adoption Act, any | ||||||
4 | person who was related to the child as grandparent, | ||||||
5 | great-grandparent, or sibling prior to the adoption shall | ||||||
6 | have standing to bring an action under this Section | ||||||
7 | requesting visitation with the child. | ||||||
8 | (7) The court may order visitation rights for the | ||||||
9 | grandparent, great-grandparent, sibling, or step-parent | ||||||
10 | that include reasonable access without requiring overnight | ||||||
11 | or possessory visitation. | ||||||
12 | (c) Visitation by grandparents, great-grandparents, | ||||||
13 | step-parents, and siblings. | ||||||
14 | (1) Grandparents, great-grandparents, step-parents, | ||||||
15 | and siblings of a minor child who is one year old or older | ||||||
16 | may bring a petition for visitation and electronic | ||||||
17 | communication under this Section if there is an | ||||||
18 | unreasonable denial of visitation by a parent that causes | ||||||
19 | undue mental, physical, or emotional harm to the child and | ||||||
20 | if at least one of the following conditions exists: | ||||||
21 | (A) the child's other parent is deceased or has | ||||||
22 | been missing for at least 90 days. For the purposes of | ||||||
23 | this subsection a parent is considered to be missing | ||||||
24 | if the parent's location has not been determined and | ||||||
25 | the parent has been reported as missing to a law | ||||||
26 | enforcement agency; or |
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1 | (B) a parent of the child is incompetent as a | ||||||
2 | matter of law; or | ||||||
3 | (C) a parent has been incarcerated in jail or | ||||||
4 | prison for a period in excess of 90 days immediately | ||||||
5 | prior to the filing of the petition; or | ||||||
6 | (D) the child's parents have been granted a | ||||||
7 | dissolution of marriage or have been legally separated | ||||||
8 | from each other or there is pending a dissolution | ||||||
9 | proceeding involving a parent of the child or another | ||||||
10 | court proceeding involving parental responsibilities | ||||||
11 | or visitation of the child (other than an adoption | ||||||
12 | proceeding of an unrelated child, a proceeding under | ||||||
13 | Article II of the Juvenile Court Act of 1987, or an | ||||||
14 | action for an order of protection under the Illinois | ||||||
15 | Domestic Violence Act of 1986 or Article 112A of the | ||||||
16 | Code of Criminal Procedure of 1963) and at least one | ||||||
17 | parent does not object to the grandparent, | ||||||
18 | great-grandparent, step-parent, or sibling having | ||||||
19 | visitation with the child. The visitation of the | ||||||
20 | grandparent, great-grandparent, step-parent, or | ||||||
21 | sibling must not diminish the parenting time of the | ||||||
22 | parent who is not related to the grandparent, | ||||||
23 | great-grandparent, step-parent, or sibling seeking | ||||||
24 | visitation; or | ||||||
25 | (E) (i) the child is born to parents who are not | ||||||
26 | married to each other; (ii) the parents are not living |
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1 | together; (iii) the petitioner is a grandparent, | ||||||
2 | great-grandparent, step-parent, or sibling of the | ||||||
3 | child; and (iv) the parent-child relationship has been | ||||||
4 | legally established. For purposes of this subdivision | ||||||
5 | (E), if the petitioner is a grandparent or | ||||||
6 | great-grandparent, the parent-child relationship need | ||||||
7 | be legally established only with respect to the parent | ||||||
8 | who is related to the grandparent or | ||||||
9 | great-grandparent. For purposes of this subdivision | ||||||
10 | (E), if the petitioner is a step-parent, the | ||||||
11 | parent-child relationship need be legally established | ||||||
12 | only with respect to the parent who is married to the | ||||||
13 | petitioner or was married to the petitioner | ||||||
14 | immediately before the parent's death. | ||||||
15 | (2) In addition to the factors set forth in | ||||||
16 | subdivision (b)(5) of this Section, the court should | ||||||
17 | consider: | ||||||
18 | (A) whether the child resided with the petitioner | ||||||
19 | for at least 6 consecutive months with or without a | ||||||
20 | parent present; | ||||||
21 | (B) whether the child had frequent and regular | ||||||
22 | contact or visitation with the petitioner for at least | ||||||
23 | 12 consecutive months; and | ||||||
24 | (C) whether the grandparent, great-grandparent, | ||||||
25 | sibling, or step-parent was a primary caretaker of the | ||||||
26 | child for a period of not less than 6 consecutive |
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1 | months within the 24-month period immediately | ||||||
2 | preceding the commencement of the proceeding ; and | ||||||
3 | (D) whether there exist any other facts that | ||||||
4 | establish that the loss of the relationship between | ||||||
5 | the grandparent, great-grandparent, sibling, or | ||||||
6 | step-parent and the child is likely to harm the child . | ||||||
7 | (3) An order granting visitation privileges under this | ||||||
8 | Section is subject to subsections (c) and (d) of Section | ||||||
9 | 603.10. | ||||||
10 | (4) A petition for visitation privileges may not be | ||||||
11 | filed pursuant to this subsection (c) by the parents or | ||||||
12 | grandparents of a parent of the child if parentage between | ||||||
13 | the child and the related parent has not been legally | ||||||
14 | established. | ||||||
15 | (d) Modification of visitation orders. | ||||||
16 | (1) Unless by stipulation of the parties, no motion to | ||||||
17 | modify a grandparent, great-grandparent, sibling, or | ||||||
18 | step-parent visitation order may be made earlier than 2 | ||||||
19 | years after the date the order was filed, unless the court | ||||||
20 | permits it to be made on the basis of affidavits that there | ||||||
21 | is reason to believe the child's present environment may | ||||||
22 | endanger seriously the child's mental, physical, or | ||||||
23 | emotional health. | ||||||
24 | (2) The court shall not modify an order that grants | ||||||
25 | visitation to a grandparent, great-grandparent, sibling, | ||||||
26 | or step-parent unless it finds by clear and convincing |
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1 | evidence, upon the basis of facts that have arisen since | ||||||
2 | the prior visitation order or that were unknown to the | ||||||
3 | court at the time of entry of the prior visitation order, | ||||||
4 | that a change has occurred in the circumstances of the | ||||||
5 | child or his or her parent, and that the modification is | ||||||
6 | necessary to protect the mental, physical, or emotional | ||||||
7 | health of the child. The court shall state in its decision | ||||||
8 | specific findings of fact in support of its modification | ||||||
9 | or termination of the grandparent, great-grandparent, | ||||||
10 | sibling, or step-parent visitation. A child's parent may | ||||||
11 | always petition to modify visitation upon changed | ||||||
12 | circumstances when necessary to promote the child's best | ||||||
13 | interests. | ||||||
14 | (3) Notice of a motion requesting modification of a | ||||||
15 | visitation order shall be provided as set forth in | ||||||
16 | subsection (c) of Section 601.2 of this Act. | ||||||
17 | (4) Attorney's fees and costs shall be assessed | ||||||
18 | against a party seeking modification of the visitation | ||||||
19 | order if the court finds that the modification action is | ||||||
20 | vexatious and constitutes harassment. | ||||||
21 | (e) No child's grandparent, great-grandparent, sibling, or | ||||||
22 | step-parent, or any person to whom the court is considering | ||||||
23 | granting visitation privileges pursuant to subsection (d) of | ||||||
24 | Section 602.7, who was convicted of any offense involving an | ||||||
25 | illegal sex act perpetrated upon a victim less than 18 years of | ||||||
26 | age including, but not limited to, offenses for violations of |
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1 | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, | ||||||
2 | or Article 12 of the Criminal Code of 1961 or the Criminal Code | ||||||
3 | of 2012, is entitled to visitation while incarcerated or while | ||||||
4 | on parole, probation, conditional discharge, periodic | ||||||
5 | imprisonment, or mandatory supervised release for that | ||||||
6 | offense, and upon discharge from incarceration for a | ||||||
7 | misdemeanor offense or upon discharge from parole, probation, | ||||||
8 | conditional discharge, periodic imprisonment, or mandatory | ||||||
9 | supervised release for a felony offense. Visitation shall be | ||||||
10 | denied until the person successfully completes a treatment | ||||||
11 | program approved by the court. Upon completion of treatment, | ||||||
12 | the court may deny visitation based on the factors listed in | ||||||
13 | subdivision (b)(5) of this Section. | ||||||
14 | (f) No child's grandparent, great-grandparent, sibling, or | ||||||
15 | step-parent, or any person to whom the court is considering | ||||||
16 | granting visitation privileges pursuant to subsection (d) of | ||||||
17 | Section 602.7, may be granted visitation if he or she has been | ||||||
18 | convicted of first degree murder of a parent, grandparent, | ||||||
19 | great-grandparent, or sibling of the child who is the subject | ||||||
20 | of the visitation request. Pursuant to a motion to modify | ||||||
21 | visitation, the court shall revoke visitation rights | ||||||
22 | previously granted to any person who would otherwise be | ||||||
23 | entitled to petition for visitation rights under this Section | ||||||
24 | or granted visitation under subsection (d) of Section 602.7, | ||||||
25 | if the person has been convicted of first degree murder of a | ||||||
26 | parent, grandparent, great-grandparent, or sibling of the |
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1 | child who is the subject of the visitation order. Until an | ||||||
2 | order is entered pursuant to this subsection, no person may | ||||||
3 | visit, with the child present, a person who has been convicted | ||||||
4 | of first degree murder of the parent, grandparent, | ||||||
5 | great-grandparent, or sibling of the child without the consent | ||||||
6 | of the child's parent, other than a parent convicted of first | ||||||
7 | degree murder as set forth herein, or legal guardian.
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8 | (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; | ||||||
9 | 100-706, eff. 1-1-19 .)
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