Child Law

(Stoneback; D-Skokie; Crowe, D-Maryville) creates an avenue to include an allowance from the other party for an initial retainer fee to obtain an attorney. The request must include an affidavit from the attorney to be retained that the attorney has been contacted by the moving party and the attorney has agreed to enter an appearance if the request is granted. The party must also include a certificate that the interim fees will be used only for retaining the attorney. Effective Jan. 1, 2022.

(Ness, D-Carpentersville; Hastings, D-Frankfort) amends the unintended consequences of Section 607.6(d) of the IMDMA.  As currently written, it bars all information from therapy getting out. All information. Even if the court orders a guardian to talk to a therapist, the guardian and information are barred regardless of whether the parties sign releases. House Bill 2741 deletes subparagraph (d) and provides that the Mental Health and Developmental Disabilities Confidentiality Act and the federal Health Insurance Portability and Accountability Act of 1996 protect the confidentiality and release of this kind of information. The Governor signed House Bill 2741 into law on Aug. 13, 2021 and it took effect immediately. 

(West, D-Rockford) requires any individual serving in the role of guardian ad litem or child representative to meet with both parties and the child every 90 days. Provides that the first meeting shall occur within 90 days of appointment and a meeting shall occur in every subsequent 90-day period until the conclusion of the case. Requires the GAL or child representative to file with the court, within 90 days of his or her appointment and once in every subsequent 90-day period during the course of his or her representation, a document confirming that the GAL or child representative has met with both parties. House Bill 4121 was just introduced. 

(Hastings, D-Frankfort; Burke, D-Oak Lawn) amends the temporary order statute to allow a party to seek permission to relocate while the case is pending if it is in the child’s best interest. Effective Jan. 1, 2022.

 (Peters, D-Chicago; Slaughter, D-Chicago) presumes it to be inadmissible if a minor makes a confession during a custodial interrogation if a law enforcement officer knowingly engages in deception. “Deception” is defined as the knowing communication of false facts about evidence or unauthorized statements regarding leniency. The Governor signed this bill yesterday. Effective Jan. 1, 2022.

(Peters, D-Chicago; Ammons, D-Champaign) creates a limited legal privilege for communications in restorative justice proceedings so that participation in a proceeding is protected and may not be used in any future proceedings unless the privilege is waived by the informed consent of the party or parties covered by the privilege. There are now three restorative justice community courts that Chief Judge Tim Evans has set up for young adults with misdemeanor and nonviolent felony charges in Cook County. It took effect on the Governor's signature yesterday. 

(Hastings, D-Frankfort; Burke, D-Oak Lawn) ensures that children whose parents are divorced or never married have public or private health insurance when child support is determined by requiring the parents to obtain health insurance or maintain existing health insurance coverage for the child. Effective Jan. 1, 2022.