Bill Text: IL SB2031 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, in determining an allocation of parenting time, a court is prohibited from viewing a completion of a treatment program by a parent or nonparent who is a convicted sex offender as evidence supporting the child's physical, mental, moral, or emotional health if the conviction involved any minor who lived in the sex offender's home.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-06 - Referred to Assignments [SB2031 Detail]

Download: Illinois-2025-SB2031-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2031 Introduced 2/6/2025, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
750 ILCS 5/602.7
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, in determining an allocation of parenting time, a court is prohibited from viewing a completion of a treatment program by a parent or nonparent who is a convicted sex offender as evidence supporting the child's physical, mental, moral, or emotional health if the conviction involved any minor who lived in the sex offender's home.
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A BILL FOR
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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 Section 602.7 as follows:
(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
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:

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(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,
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

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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;
except that, if the conviction involved any minor who
lived in the offender's home, the court may not view
completion of a treatment program as evidence supporting
the child's physical, mental, moral, or emotional health;
the parties are entitled to a hearing on the issues raised
in this paragraph (15);
(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) any other factor that the court expressly finds

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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)
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.)