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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3418 Introduced 1/18/2022, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
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| 705 ILCS 405/1-3 | from Ch. 37, par. 801-3 | 705 ILCS 405/2-27 | from Ch. 37, par. 802-27 | 750 ILCS 5/203 | from Ch. 40, par. 203 | 750 ILCS 5/212 | from Ch. 40, par. 212 | 750 ILCS 5/301 | from Ch. 40, par. 301 | 750 ILCS 5/302 | from Ch. 40, par. 302 | 750 ILCS 5/403 | from Ch. 40, par. 403 |
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Amends the Illinois Marriage and Dissolution of Marriage Act. Prohibits the marriage of any person under the age of 18. Makes conforming changes in the Act and in the Juvenile Court Act of 1987.
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| | A BILL FOR |
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| | SB3418 | | LRB102 24711 LNS 33951 b |
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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 Juvenile Court Act of 1987 is amended by |
| 5 | | changing Sections 1-3 and 2-27 as follows:
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| 6 | | (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
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| 7 | | Sec. 1-3. Definitions. Terms used in this Act, unless the |
| 8 | | context
otherwise requires, have the following meanings |
| 9 | | ascribed to them:
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| 10 | | (1) "Adjudicatory hearing" means a hearing to
determine |
| 11 | | whether the allegations of a petition under Section 2-13, |
| 12 | | 3-15, or
4-12 that a minor under 18 years of age is abused, |
| 13 | | neglected or dependent, or
requires authoritative |
| 14 | | intervention, or addicted, respectively, are supported
by a |
| 15 | | preponderance of the evidence or whether the allegations of a |
| 16 | | petition
under Section 5-520 that a minor is delinquent are |
| 17 | | proved beyond a reasonable
doubt.
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| 18 | | (2) "Adult" means a person 21 years of age or older.
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| 19 | | (3) "Agency" means a public or private child care facility
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| 20 | | legally authorized or licensed by this State for placement or |
| 21 | | institutional
care or for both placement and institutional |
| 22 | | care.
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| 23 | | (4) "Association" means any organization, public or
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| 1 | | private, engaged in welfare functions which include services |
| 2 | | to or on behalf of
children but does not include "agency" as |
| 3 | | herein defined.
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| 4 | | (4.05) Whenever a "best interest" determination is
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| 5 | | required, the following factors shall be considered in the |
| 6 | | context of the
child's age and developmental needs:
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| 7 | | (a) the physical safety and welfare of the child, |
| 8 | | including food, shelter,
health, and clothing;
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| 9 | | (b) the development of the child's identity;
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| 10 | | (c) the child's background and ties, including |
| 11 | | familial,
cultural, and religious;
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| 12 | | (d) the child's sense of attachments, including:
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| 13 | | (i) where the child actually feels love, |
| 14 | | attachment, and a sense of
being valued (as opposed to |
| 15 | | where adults believe the child should
feel such love, |
| 16 | | attachment, and a sense of being valued);
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| 17 | | (ii) the child's sense of security;
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| 18 | | (iii) the child's sense of familiarity;
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| 19 | | (iv) continuity of affection for the child;
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| 20 | | (v) the least disruptive placement alternative for |
| 21 | | the child;
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| 22 | | (e) the child's wishes and long-term goals;
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| 23 | | (f) the child's community ties, including church, |
| 24 | | school, and friends;
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| 25 | | (g) the child's need for permanence which includes the |
| 26 | | child's need for
stability and continuity of relationships |
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| 1 | | with parent figures and with siblings
and other relatives;
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| 2 | | (h) the uniqueness of every family and child;
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| 3 | | (i) the risks attendant to entering and being in |
| 4 | | substitute care; and
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| 5 | | (j) the preferences of the persons available to care |
| 6 | | for the child.
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| 7 | | (4.1) "Chronic truant" shall have the definition
ascribed |
| 8 | | to it in Section 26-2a of the School Code.
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| 9 | | (5) "Court" means the circuit court in a session or |
| 10 | | division
assigned to hear proceedings under this Act.
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| 11 | | (6) "Dispositional hearing" means a hearing to
determine |
| 12 | | whether a minor should be adjudged to be a ward of the court, |
| 13 | | and to
determine what order of disposition should be made in |
| 14 | | respect to a minor
adjudged to be a ward of the court.
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| 15 | | (6.5) "Dissemination" or "disseminate" means to publish, |
| 16 | | produce, print, manufacture, distribute, sell, lease, exhibit, |
| 17 | | broadcast, display, transmit, or otherwise share information |
| 18 | | in any format so as to make the information accessible to |
| 19 | | others. |
| 20 | | (7) "Emancipated minor" means any minor 16 years of age or |
| 21 | | over who has
been completely or partially emancipated under |
| 22 | | the Emancipation of
Minors Act or
under this Act.
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| 23 | | (7.03) "Expunge" means to physically destroy the records |
| 24 | | and to obliterate the minor's name from any official index, |
| 25 | | public record, or electronic database. |
| 26 | | (7.05) "Foster parent" includes a relative caregiver |
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| 1 | | selected by the Department of Children and Family Services to |
| 2 | | provide care for the minor. |
| 3 | | (8) "Guardianship of the person" of a minor
means the duty |
| 4 | | and authority to act in the best interests of the minor, |
| 5 | | subject
to residual parental rights and responsibilities, to |
| 6 | | make important decisions
in matters having a permanent effect |
| 7 | | on the life and development of the minor
and to be concerned |
| 8 | | with his or her general welfare. It includes but is not
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| 9 | | necessarily limited to:
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| 10 | | (a) the authority to consent to marriage, to |
| 11 | | enlistment in the armed
forces of the United States, or to |
| 12 | | a major medical, psychiatric, and
surgical treatment; to |
| 13 | | represent the minor in legal actions; and to make
other |
| 14 | | decisions of substantial legal significance concerning the |
| 15 | | minor;
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| 16 | | (b) the authority and duty of reasonable visitation, |
| 17 | | except to the
extent that these have been limited in the |
| 18 | | best interests of the minor by
court order;
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| 19 | | (c) the rights and responsibilities of legal custody |
| 20 | | except where legal
custody has been vested in another |
| 21 | | person or agency; and
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| 22 | | (d) the power to consent to the adoption of the minor, |
| 23 | | but only if
expressly conferred on the guardian in |
| 24 | | accordance with Section 2-29, 3-30, or
4-27.
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| 25 | | (8.1) "Juvenile court record" includes, but is not limited |
| 26 | | to: |
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| 1 | | (a) all documents filed in or maintained by the |
| 2 | | juvenile court pertaining to a specific incident, |
| 3 | | proceeding, or individual; |
| 4 | | (b) all documents relating to a specific incident, |
| 5 | | proceeding, or individual made available to or maintained |
| 6 | | by probation officers; |
| 7 | | (c) all documents, video or audio tapes, photographs, |
| 8 | | and exhibits admitted into evidence at juvenile court |
| 9 | | hearings; or |
| 10 | | (d) all documents, transcripts, records, reports, or |
| 11 | | other evidence prepared by, maintained by, or released by |
| 12 | | any municipal, county, or State agency or department, in |
| 13 | | any format, if indicating involvement with the juvenile |
| 14 | | court relating to a specific incident, proceeding, or |
| 15 | | individual. |
| 16 | | (8.2) "Juvenile law enforcement record" includes records |
| 17 | | of arrest, station adjustments, fingerprints, probation |
| 18 | | adjustments, the issuance of a notice to appear, or any other |
| 19 | | records or documents maintained by any law enforcement agency |
| 20 | | relating to a minor suspected of committing an offense, and |
| 21 | | records maintained by a law enforcement agency that identifies |
| 22 | | a juvenile as a suspect in committing an offense, but does not |
| 23 | | include records identifying a juvenile as a victim, witness, |
| 24 | | or missing juvenile and any records created, maintained, or |
| 25 | | used for purposes of referral to programs relating to |
| 26 | | diversion as defined in subsection (6) of Section 5-105. |
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| 1 | | (9) "Legal custody" means the relationship created by an
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| 2 | | order of court in the best interests of the minor which imposes |
| 3 | | on the
custodian the responsibility of physical possession of |
| 4 | | a minor and the duty to
protect, train and discipline him and |
| 5 | | to provide him with food, shelter,
education and ordinary |
| 6 | | medical care, except as these are limited by residual
parental |
| 7 | | rights and responsibilities and the rights and |
| 8 | | responsibilities of the
guardian of the person, if any.
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| 9 | | (9.1) "Mentally capable adult relative" means a person 21 |
| 10 | | years of age or older who is not suffering from a mental |
| 11 | | illness that prevents him or her from providing the care |
| 12 | | necessary to safeguard the physical safety and welfare of a |
| 13 | | minor who is left in that person's care by the parent or |
| 14 | | parents or other person responsible for the minor's welfare. |
| 15 | | (10) "Minor" means a person under the age of 21 years |
| 16 | | subject to
this Act.
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| 17 | | (11) "Parent" means a father or mother of a child and
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| 18 | | includes any adoptive parent. It also includes a person (i)
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| 19 | | whose parentage
is presumed or has been established under the |
| 20 | | law of this or another
jurisdiction or (ii) who has registered |
| 21 | | with the Putative Father Registry in
accordance with Section |
| 22 | | 12.1 of the Adoption Act and whose paternity has not
been ruled |
| 23 | | out under the law of this or another jurisdiction. It does not
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| 24 | | include a
parent whose rights in respect to the
minor have been |
| 25 | | terminated in any manner provided by law. It does not include a |
| 26 | | person who has been or could be determined to be a parent under |
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| 1 | | the Illinois Parentage Act of 1984 or the Illinois Parentage |
| 2 | | Act of 2015, or similar parentage law in any other state, if |
| 3 | | that person has been convicted of or pled nolo contendere to a |
| 4 | | crime that resulted in the conception of the child under |
| 5 | | Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, |
| 6 | | 12-14.1, subsection (a) or (b) (but not subsection (c)) of |
| 7 | | Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or |
| 8 | | (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the |
| 9 | | Criminal Code of 1961 or the Criminal Code of 2012, or similar |
| 10 | | statute in another jurisdiction unless upon motion of any |
| 11 | | party, other than the offender, to the juvenile court |
| 12 | | proceedings the court finds it is in the child's best interest |
| 13 | | to deem the offender a parent for purposes of the juvenile |
| 14 | | court proceedings.
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| 15 | | (11.1) "Permanency goal" means a goal set by the court as |
| 16 | | defined in
subdivision (2) of Section 2-28.
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| 17 | | (11.2) "Permanency hearing" means a hearing to set the |
| 18 | | permanency goal and
to review and determine (i) the |
| 19 | | appropriateness of the services contained in
the plan and |
| 20 | | whether those services have been provided, (ii) whether |
| 21 | | reasonable
efforts have been made by all the parties to the |
| 22 | | service plan to achieve the
goal, and (iii) whether the plan |
| 23 | | and goal have been achieved.
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| 24 | | (12) "Petition" means the petition provided for in Section
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| 25 | | 2-13, 3-15, 4-12 or 5-520, including any supplemental |
| 26 | | petitions thereunder
in Section 3-15, 4-12 or 5-520.
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| 1 | | (12.1) "Physically capable adult relative" means a person |
| 2 | | 21 years of age or older who does not have a severe physical |
| 3 | | disability or medical condition, or is not suffering from |
| 4 | | alcoholism or drug addiction, that prevents him or her from |
| 5 | | providing the care necessary to safeguard the physical safety |
| 6 | | and welfare of a minor who is left in that person's care by the |
| 7 | | parent or parents or other person responsible for the minor's |
| 8 | | welfare. |
| 9 | | (12.2) "Post Permanency Sibling Contact Agreement" has the |
| 10 | | meaning ascribed to the term in Section 7.4 of the Children and |
| 11 | | Family Services Act. |
| 12 | | (12.3) "Residential treatment center" means a licensed |
| 13 | | setting that provides 24-hour care to children in a group home |
| 14 | | or institution, including a facility licensed as a child care |
| 15 | | institution under Section 2.06 of the Child Care Act of 1969, a |
| 16 | | licensed group home under Section 2.16 of the Child Care Act of |
| 17 | | 1969, a secure child care facility as defined in paragraph |
| 18 | | (18) of this Section, or any similar facility in another |
| 19 | | state. "Residential treatment center" does not include a |
| 20 | | relative foster home or a licensed foster family home. |
| 21 | | (13) "Residual parental
rights and responsibilities" means |
| 22 | | those rights and responsibilities remaining
with the parent |
| 23 | | after the transfer of legal custody or guardianship of the
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| 24 | | person, including, but not necessarily limited to, the right |
| 25 | | to reasonable
visitation (which may be limited by the court in |
| 26 | | the best interests of the
minor as provided in subsection |
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| 1 | | (8)(b) of this Section), the right to consent
to adoption, the |
| 2 | | right to determine the minor's religious affiliation, and the
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| 3 | | responsibility for his support.
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| 4 | | (14) "Shelter" means the temporary care of a minor in
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| 5 | | physically unrestricting facilities pending court disposition |
| 6 | | or execution of
court order for placement.
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| 7 | | (14.05) "Shelter placement" means a temporary or emergency |
| 8 | | placement for a minor, including an emergency foster home |
| 9 | | placement. |
| 10 | | (14.1) "Sibling Contact Support Plan" has the meaning |
| 11 | | ascribed to the term in Section 7.4 of the Children and Family |
| 12 | | Services Act. |
| 13 | | (14.2) "Significant event report" means a written document |
| 14 | | describing an occurrence or event beyond the customary |
| 15 | | operations, routines, or relationships in the Department of |
| 16 | | Children of Family Services, a child care facility, or other |
| 17 | | entity that is licensed or regulated by the Department of |
| 18 | | Children of Family Services or that provides services for the |
| 19 | | Department of Children of Family Services under a grant, |
| 20 | | contract, or purchase of service agreement; involving children |
| 21 | | or youth, employees, foster parents, or relative caregivers; |
| 22 | | allegations of abuse or neglect or any other incident raising |
| 23 | | a concern about the well-being of a minor under the |
| 24 | | jurisdiction of the court under Article II of the Juvenile |
| 25 | | Court Act; incidents involving damage to property, allegations |
| 26 | | of criminal activity, misconduct, or other occurrences |
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| 1 | | affecting the operations of the Department of Children of |
| 2 | | Family Services or a child care facility; any incident that |
| 3 | | could have media impact; and unusual incidents as defined by |
| 4 | | Department of Children and Family Services rule. |
| 5 | | (15) "Station adjustment" means the informal
handling of |
| 6 | | an alleged offender by a juvenile police officer.
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| 7 | | (16) "Ward of the court" means a minor who is so
adjudged |
| 8 | | under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
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| 9 | | requisite jurisdictional facts, and thus is subject to the |
| 10 | | dispositional powers
of the court under this Act.
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| 11 | | (17) "Juvenile police officer" means a sworn
police |
| 12 | | officer who has completed a Basic Recruit Training Course, has |
| 13 | | been
assigned to the position of juvenile police officer by |
| 14 | | his or her chief law
enforcement officer and has completed the |
| 15 | | necessary juvenile officers training
as prescribed by the |
| 16 | | Illinois Law Enforcement Training Standards Board, or in
the |
| 17 | | case of a State police officer, juvenile officer
training |
| 18 | | approved by the Director of the Illinois State Police.
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| 19 | | (18) "Secure child care facility" means any child care |
| 20 | | facility licensed
by the Department of Children and Family |
| 21 | | Services to provide secure living
arrangements for children |
| 22 | | under 18 years of age who are subject to placement in
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| 23 | | facilities under the Children and Family Services Act and who |
| 24 | | are not subject
to placement in facilities for whom standards |
| 25 | | are established by the Department
of Corrections under Section |
| 26 | | 3-15-2 of the Unified Code of Corrections.
"Secure child care |
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| 1 | | facility" also means a
facility that is designed and operated |
| 2 | | to ensure that all entrances and
exits
from the facility, a |
| 3 | | building, or a distinct part of the building are under the
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| 4 | | exclusive control of the staff of the facility, whether or not |
| 5 | | the child has
the freedom of movement within the perimeter of |
| 6 | | the facility, building, or
distinct part of the building.
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| 7 | | (Source: P.A. 102-538, eff. 8-20-21.)
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| 8 | | (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
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| 9 | | Sec. 2-27. Placement; legal custody or guardianship.
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| 10 | | (1) If the court determines and puts in writing the |
| 11 | | factual basis supporting
the determination of whether the |
| 12 | | parents, guardian, or legal custodian of a
minor adjudged a |
| 13 | | ward of the court are unfit or are unable, for some reason
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| 14 | | other than financial circumstances alone, to care for, |
| 15 | | protect, train or
discipline the minor or are unwilling to do |
| 16 | | so, and that the
health, safety, and best
interest of the minor |
| 17 | | will be jeopardized if the minor remains in the custody
of his |
| 18 | | or her parents, guardian or
custodian, the court may at this |
| 19 | | hearing and at any later point:
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| 20 | | (a) place the minor in the custody of a suitable |
| 21 | | relative or other person
as
legal custodian or guardian;
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| 22 | | (a-5) with the approval of the Department of Children |
| 23 | | and Family
Services, place the minor in the subsidized |
| 24 | | guardianship of a suitable relative
or
other person as |
| 25 | | legal guardian; "subsidized guardianship" means a private
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| 1 | | guardianship arrangement for children for whom the |
| 2 | | permanency goals of return
home and adoption have been |
| 3 | | ruled out and who meet the qualifications for
subsidized |
| 4 | | guardianship as defined by the Department of Children and |
| 5 | | Family
Services in administrative rules;
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| 6 | | (b) place the minor under the guardianship of a |
| 7 | | probation officer;
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| 8 | | (c) commit the minor to an agency for care or |
| 9 | | placement, except an
institution under the authority of |
| 10 | | the Department of Corrections or of
the Department of |
| 11 | | Children and Family Services;
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| 12 | | (d) on and after the effective date of this amendatory |
| 13 | | Act of the 98th General Assembly and before January 1, |
| 14 | | 2017, commit the minor to the Department of Children and |
| 15 | | Family Services for
care and service; however, a minor |
| 16 | | charged with a criminal offense under the
Criminal Code of |
| 17 | | 1961 or the Criminal Code of 2012 or adjudicated |
| 18 | | delinquent shall not be placed in the
custody of or |
| 19 | | committed to the Department of Children and Family |
| 20 | | Services by
any court, except (i) a minor less than 16 |
| 21 | | years of age and committed to the
Department of Children |
| 22 | | and Family Services under Section 5-710 of this Act, (ii) |
| 23 | | a minor under the age of 18 for whom an independent basis |
| 24 | | of abuse, neglect, or dependency exists, or (iii) a minor |
| 25 | | for whom the court has granted a supplemental petition to |
| 26 | | reinstate wardship pursuant to subsection (2) of Section |
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| 1 | | 2-33 of this Act. On and after January 1, 2017, commit the |
| 2 | | minor to the Department of Children and Family Services |
| 3 | | for
care and service; however, a minor charged with a |
| 4 | | criminal offense under the
Criminal Code of 1961 or the |
| 5 | | Criminal Code of 2012 or adjudicated delinquent shall not |
| 6 | | be placed in the
custody of or committed to the Department |
| 7 | | of Children and Family Services by
any court, except (i) a |
| 8 | | minor less than 15 years of age and committed to the
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| 9 | | Department of Children and Family Services under Section |
| 10 | | 5-710 of this Act, (ii) a minor under the age of 18 for |
| 11 | | whom an independent basis of abuse, neglect, or dependency |
| 12 | | exists, or (iii) a minor for whom the court has granted a |
| 13 | | supplemental petition to reinstate wardship pursuant to |
| 14 | | subsection (2) of Section 2-33 of this Act. An independent |
| 15 | | basis exists when the allegations or adjudication of |
| 16 | | abuse, neglect, or dependency do not arise from the same |
| 17 | | facts, incident, or circumstances which give rise to a |
| 18 | | charge or adjudication of delinquency. The
Department |
| 19 | | shall be given due notice of the pendency of the action and |
| 20 | | the
Guardianship Administrator of the Department of |
| 21 | | Children and Family Services
shall be appointed guardian |
| 22 | | of the person of the minor. Whenever the Department
seeks |
| 23 | | to discharge a minor from its care and service, the |
| 24 | | Guardianship
Administrator shall petition the court for an
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| 25 | | order terminating guardianship. The Guardianship |
| 26 | | Administrator may
designate one or more other officers of |
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| 1 | | the Department, appointed as
Department officers by |
| 2 | | administrative order of the Department Director,
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| 3 | | authorized to affix the signature of the Guardianship |
| 4 | | Administrator to
documents affecting the guardian-ward |
| 5 | | relationship of children for whom
he or she has been |
| 6 | | appointed guardian at such times as he or she is unable to
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| 7 | | perform
the duties of his or her office. The signature |
| 8 | | authorization shall include but
not be limited to matters |
| 9 | | of consent of marriage, enlistment in the
armed forces, |
| 10 | | legal proceedings, adoption, major medical and surgical
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| 11 | | treatment, and application for driver's license. Signature |
| 12 | | authorizations
made pursuant to the provisions of this |
| 13 | | paragraph shall be filed with
the Secretary of State and |
| 14 | | the Secretary of State shall provide upon
payment of the |
| 15 | | customary fee, certified copies of the authorization to
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| 16 | | any court or individual who requests a copy.
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| 17 | | (1.5) In making a determination under this Section, the |
| 18 | | court shall also
consider
whether, based on health, safety, |
| 19 | | and the best interests of the minor,
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| 20 | | (a) appropriate services aimed
at family preservation |
| 21 | | and family reunification have been unsuccessful in
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| 22 | | rectifying the conditions that have led to a finding of |
| 23 | | unfitness or inability
to care for, protect, train, or |
| 24 | | discipline the minor, or
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| 25 | | (b) no family preservation or family reunification
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| 26 | | services would be appropriate,
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| 1 | | and if the petition or amended petition
contained an |
| 2 | | allegation that the
parent is an unfit
person as defined in |
| 3 | | subdivision (D) of Section 1 of the Adoption Act, and the
order |
| 4 | | of
adjudication
recites that parental unfitness was |
| 5 | | established by clear and convincing
evidence, the court
shall, |
| 6 | | when appropriate and in the best interest of the minor, enter |
| 7 | | an
order terminating parental rights and
appointing a guardian |
| 8 | | with
power to
consent to adoption in accordance with Section |
| 9 | | 2-29.
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| 10 | | When making a placement, the court, wherever possible, |
| 11 | | shall
require the Department of Children and Family Services |
| 12 | | to select a person
holding the same religious belief as that of |
| 13 | | the minor or a private agency
controlled by persons of like |
| 14 | | religious faith of the minor and shall require
the Department |
| 15 | | to otherwise comply with Section 7 of the Children and Family
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| 16 | | Services Act in placing the child. In addition, whenever |
| 17 | | alternative plans for
placement are available, the court shall |
| 18 | | ascertain and consider, to the extent
appropriate in the |
| 19 | | particular case, the views and preferences of the minor.
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| 20 | | (2) When a minor is placed with a suitable relative or |
| 21 | | other
person pursuant to item (a) of subsection (1),
the court |
| 22 | | shall appoint him or her the legal custodian or guardian of the
|
| 23 | | person of the minor. When a minor is committed to any agency, |
| 24 | | the court
shall appoint the proper officer or representative |
| 25 | | thereof as legal
custodian or guardian of the person of the |
| 26 | | minor. Legal custodians and
guardians of the person of the |
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| 1 | | minor have the respective rights and duties set
forth in |
| 2 | | subsection (9) of Section 1-3 except as otherwise provided by |
| 3 | | order
of court; but no guardian of the person may consent to |
| 4 | | adoption of the
minor unless that authority is conferred upon |
| 5 | | him or her in accordance with
Section 2-29. An agency whose |
| 6 | | representative is appointed guardian of the
person or legal |
| 7 | | custodian of the minor may place the minor in any child care
|
| 8 | | facility, but the facility must be licensed under the Child |
| 9 | | Care Act of
1969 or have been approved by the Department of |
| 10 | | Children and Family Services
as meeting the standards |
| 11 | | established for such licensing. No agency may
place a minor |
| 12 | | adjudicated under Sections 2-3 or 2-4 in a child care facility
|
| 13 | | unless the placement is in compliance with the rules and |
| 14 | | regulations
for placement under this Section promulgated by |
| 15 | | the Department of Children
and Family Services under Section 5 |
| 16 | | of the Children and Family Services
Act. Like authority and |
| 17 | | restrictions shall be conferred by the court upon
any |
| 18 | | probation officer who has been appointed guardian of the |
| 19 | | person of a minor.
|
| 20 | | (3) No placement by any probation officer or agency whose |
| 21 | | representative
is appointed guardian of the person or legal |
| 22 | | custodian of a minor may be
made in any out of State child care |
| 23 | | facility unless it complies with the
Interstate Compact on the |
| 24 | | Placement of Children. Placement with a parent,
however, is |
| 25 | | not subject to that Interstate Compact.
|
| 26 | | (4) The clerk of the court shall issue to the legal |
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| 1 | | custodian or
guardian of the person a certified copy of the |
| 2 | | order of court, as proof
of his authority. No other process is |
| 3 | | necessary as authority for the
keeping of the minor.
|
| 4 | | (5) Custody or guardianship granted under this Section |
| 5 | | continues until
the court otherwise directs, but not after the |
| 6 | | minor reaches the age
of 19 years except as set forth in |
| 7 | | Section 2-31, or if the minor was previously committed to the |
| 8 | | Department of Children and Family Services for care and |
| 9 | | service and the court has granted a supplemental petition to |
| 10 | | reinstate wardship pursuant to subsection (2) of Section 2-33.
|
| 11 | | (6) (Blank).
|
| 12 | | (Source: P.A. 101-79, eff. 7-12-19.)
|
| 13 | | Section 10. The Illinois Marriage and Dissolution of |
| 14 | | Marriage Act is amended by changing Sections 203, 212, 301, |
| 15 | | 302, and 403 as follows:
|
| 16 | | (750 ILCS 5/203) (from Ch. 40, par. 203)
|
| 17 | | Sec. 203. License to Marry. When a marriage application |
| 18 | | has been
completed and signed by both parties to a prospective |
| 19 | | marriage and both
parties have appeared before the county |
| 20 | | clerk and the marriage license
fee has been paid, the county |
| 21 | | clerk shall issue a license to marry and a
marriage |
| 22 | | certificate form upon being furnished:
|
| 23 | | (1) satisfactory proof that each party to the marriage |
| 24 | | has will have
attained the age of 18 years at the time the |
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| 1 | | marriage license is
effective or will have attained the |
| 2 | | age of 16 years and has either the
consent to the marriage |
| 3 | | of
both parents or his guardian or judicial approval; |
| 4 | | provided, if one
parent cannot be located in order to |
| 5 | | obtain such consent and diligent
efforts have been made to |
| 6 | | locate that parent by the consenting parent, then
the |
| 7 | | consent of one parent plus a signed affidavit by the |
| 8 | | consenting parent
which (i) names the absent parent and |
| 9 | | states that he or she cannot be
located, and (ii) states |
| 10 | | what diligent efforts have been made to locate the
absent |
| 11 | | parent, shall have the effect of both parents' consent for |
| 12 | | purposes
of this Section;
|
| 13 | | (2) satisfactory proof that the marriage is not |
| 14 | | prohibited; and
|
| 15 | | (3) an affidavit or record as prescribed in |
| 16 | | subparagraph (1) of Section
205 or a court order as |
| 17 | | prescribed in subparagraph (2) of Section 205, if |
| 18 | | applicable.
|
| 19 | | With each marriage license, the county clerk shall provide |
| 20 | | a pamphlet
describing the causes and effects of fetal alcohol |
| 21 | | syndrome. At least annually, the county board shall submit to |
| 22 | | the Illinois Department of Public Health
a report as to the |
| 23 | | county clerk's compliance with the requirement that the county |
| 24 | | clerk provide a pamphlet with each marriage license. All |
| 25 | | funding and production costs for the aforementioned |
| 26 | | educational pamphlets for distribution to each county clerk |
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| 1 | | shall be provided by non-profit, non-sectarian statewide |
| 2 | | programs that provide education, advocacy, support, and |
| 3 | | prevention services pertaining to Fetal Alcohol Syndrome.
|
| 4 | | (Source: P.A. 96-1323, eff. 1-1-11.)
|
| 5 | | (750 ILCS 5/212) (from Ch. 40, par. 212)
|
| 6 | | Sec. 212. Prohibited Marriages.
|
| 7 | | (a) The following marriages are prohibited:
|
| 8 | | (1) a marriage entered into prior to the dissolution |
| 9 | | of an
earlier marriage, civil union, or substantially |
| 10 | | similar legal relationship of one of the parties, unless |
| 11 | | the parties to the marriage are the same as the parties to |
| 12 | | a civil union and are seeking to convert their civil union |
| 13 | | to a marriage pursuant to Section 65 of the Illinois |
| 14 | | Religious Freedom Protection and Civil Union Act;
|
| 15 | | (2) a marriage between an ancestor and a descendant or |
| 16 | | between siblings, whether the relationship is by the half
|
| 17 | | or the whole blood or by adoption;
|
| 18 | | (3) a marriage between an uncle and a niece, between |
| 19 | | an
uncle and a nephew, between an aunt
and a nephew, or
|
| 20 | | between an aunt and a niece, whether the relationship is |
| 21 | | by the half or the whole
blood;
|
| 22 | | (4) a marriage between cousins of the first degree; |
| 23 | | however, a marriage
between first cousins is not |
| 24 | | prohibited if:
|
| 25 | | (i) both parties are 50 years of age or older; or
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| 1 | | (ii) either party, at the time of application for |
| 2 | | a marriage license,
presents for filing with the |
| 3 | | county clerk of the county in which the
marriage is to |
| 4 | | be solemnized, a
certificate signed by a licensed |
| 5 | | physician stating that the party to the
proposed |
| 6 | | marriage is permanently and irreversibly sterile;
|
| 7 | | (5) (blank); |
| 8 | | (6) a marriage of any person under the age of 18.
|
| 9 | | (b) Parties to a marriage prohibited under subsection (a) |
| 10 | | of
this Section who cohabit after removal of the impediment |
| 11 | | are
lawfully married as of the date of the removal of the |
| 12 | | impediment.
|
| 13 | | (c) Children born or adopted of a prohibited or common law |
| 14 | | marriage
are the lawful children of the parties.
|
| 15 | | (Source: P.A. 98-597, eff. 6-1-14.)
|
| 16 | | (750 ILCS 5/301) (from Ch. 40, par. 301)
|
| 17 | | Sec. 301. Declaration of Invalidity - Grounds.) The court
|
| 18 | | shall enter its judgment declaring the invalidity of a |
| 19 | | marriage
(formerly known as annulment) entered into under the |
| 20 | | following
circumstances:
|
| 21 | | (1) a party lacked capacity to consent to the marriage at |
| 22 | | the
time the marriage was solemnized, either because of mental
|
| 23 | | incapacity or infirmity or because of the influence of |
| 24 | | alcohol,
drugs, or other incapacitating substances, or a party |
| 25 | | was induced
to enter into a marriage by force or duress or by |
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| 1 | | fraud involving
the essentials of marriage;
|
| 2 | | (2) a party lacks the physical capacity to consummate the |
| 3 | | marriage
by sexual intercourse and at the time the marriage |
| 4 | | was solemnized the
other party did not know of the incapacity;
|
| 5 | | (3) (blank) a party was aged 16 or 17 years and did not |
| 6 | | have the consent of
his parents or guardian or judicial |
| 7 | | approval; or
|
| 8 | | (4) the marriage is prohibited.
|
| 9 | | (Source: P.A. 80-923.)
|
| 10 | | (750 ILCS 5/302) (from Ch. 40, par. 302)
|
| 11 | | Sec. 302. Time of commencement. |
| 12 | | Time of Commencement.) (a) A declaration of
invalidity |
| 13 | | under paragraph (1) or (2) paragraphs (1) through (3) of |
| 14 | | Section 301
may be sought by any of the following persons and |
| 15 | | must be
commenced within the times specified:
|
| 16 | | (1) for any of the reasons set forth in paragraph (1) of
|
| 17 | | Section 301, by either party or by the legal representative
of |
| 18 | | the party who lacked capacity to consent, no later than
90 days |
| 19 | | after the petitioner obtained knowledge of the described
|
| 20 | | condition;
|
| 21 | | (2) for the reason set forth in paragraph (2) of Section |
| 22 | | 301,
by either party, no later than one year after the |
| 23 | | petitioner
obtained knowledge of the described condition;
|
| 24 | | (3) (blank) for the reason set forth in paragraph (3) of |
| 25 | | Section 301,
by the underaged party, his parent or guardian, |
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| 1 | | prior to the time
the underaged party reaches the age at which |
| 2 | | he could have married
without needing to satisfy the omitted |
| 3 | | requirement.
|
| 4 | | (b) In no event may a declaration of invalidity of |
| 5 | | marriage be
sought after the death of either party to the |
| 6 | | marriage under paragraph (1) or (2)
subsections (1), (2) and |
| 7 | | (3) of Section 301.
|
| 8 | | (c) A declaration of invalidity for the reason set forth
|
| 9 | | in paragraph (4) of Section 301 may be sought by either party,
|
| 10 | | the legal spouse in case of a bigamous marriage, the State's
|
| 11 | | Attorney or a child of either party, at any time not to exceed
|
| 12 | | 3 years following the death of the first party to die.
|
| 13 | | (Source: P.A. 80-923.)
|
| 14 | | (750 ILCS 5/403) (from Ch. 40, par. 403)
|
| 15 | | Sec. 403. Pleadings - Commencement - Abolition of Existing |
| 16 | | Defenses
- Procedure. |
| 17 | | (a) The complaint or petition for dissolution of marriage |
| 18 | | or legal
separation shall be verified and shall minimally set |
| 19 | | forth:
|
| 20 | | (1) the age, occupation and residence of each party |
| 21 | | and his length
of residence in this State;
|
| 22 | | (2) the date of the marriage and the place at which it |
| 23 | | was
registered;
|
| 24 | | (2.5) whether a petition for dissolution of marriage |
| 25 | | is pending in
any other county or state;
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| 1 | | (3) that the jurisdictional requirements of subsection |
| 2 | | (a) of
Section 401 have been met and that irreconcilable |
| 3 | | differences have caused the irretrievable breakdown of the |
| 4 | | marriage;
|
| 5 | | (4) the names, ages and addresses of all living |
| 6 | | children of the
marriage and whether a spouse is pregnant;
|
| 7 | | (5) any arrangements as to support, allocation of |
| 8 | | parental responsibility of the
children and maintenance of |
| 9 | | a spouse; and
|
| 10 | | (6) the relief sought.
|
| 11 | | (b) Either or both parties to the marriage may initiate |
| 12 | | the
proceeding. A minor may independently initiate the |
| 13 | | proceeding in the minor's own name and appear on the minor's |
| 14 | | own behalf without a parent, guardian, guardian ad litem, next |
| 15 | | friend, or other appointed person.
|
| 16 | | (c) (Blank).
|
| 17 | | (d) The court may join additional parties necessary and |
| 18 | | proper for
the exercise of its authority under this Act.
|
| 19 | | (e) Contested trials shall be on a bifurcated basis with |
| 20 | | the issue of whether irreconcilable differences have caused |
| 21 | | the irretrievable breakdown of the marriage, as described in |
| 22 | | Section 401,
being tried first, regardless of whether that |
| 23 | | issue is contested or uncontested. Upon the court determining |
| 24 | | that irreconcilable differences have caused the irretrievable |
| 25 | | breakdown of the marriage,
the court may allow additional time |
| 26 | | for the
parties to settle
amicably the remaining issues before |
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| 1 | | resuming the trial, or may
proceed immediately to trial on the
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| 2 | | remaining issues. The court has the discretion to use the date |
| 3 | | of the trial or such other date as agreed upon by the parties, |
| 4 | | or ordered by the court within its discretion, for purposes of |
| 5 | | determining the value of assets or property. In cases where |
| 6 | | the requirements of Section 401 are uncontested and proved
as |
| 7 | | in cases of default, the trial on all other remaining issues |
| 8 | | shall proceed
immediately, if so ordered by the court or if the |
| 9 | | parties so stipulate. Except as provided in subsection (b) of |
| 10 | | Section 401, the court shall enter a judgment of dissolution |
| 11 | | of marriage, including an order dissolving the marriage, |
| 12 | | incorporation of a marital settlement agreement if applicable, |
| 13 | | and any other appropriate findings or orders, only at the |
| 14 | | conclusion of the case and not after hearing only the |
| 15 | | testimony as to whether irreconcilable differences have caused |
| 16 | | the irretrievable breakdown of the marriage.
|
| 17 | | (f) (Blank).
|
| 18 | | (Source: P.A. 99-90, eff. 1-1-16.)
|