(Welter, R-Morris) deletes language stating that no order of complete or partial emancipation may be entered if there is any objection by the minor's parents or guardian. Instead, it provides that an order of complete or partial emancipation may be entered if the court finds, in a hearing, that emancipation would be in the minor's best interests. Scheduled for hearing this Wednesday in House Judiciary Committee.
(Bourne, R-Litchfield) requires that a petition for visitation brought by a grandparent or great-grandparent must be given priority in being set for a hearing, and that a decision be rendered within six months of the petition for visitation being filed, unless the parties agree otherwise. Requires the court to set the first hearing date for a petition for visitation within 45 days of filing the petition. Requires that further hearing dates be set in court within 45 days of the prior hearing. Allows the court to impose penalties and sanctions on any party that intentionally or recklessly causes an undue delay in proceedings regarding a visitation petition brought by a grandparent or great-grandparent. Scheduled for hearing in House Judiciary Committee this Wednesday
Respondent minor was adjudicated delinquent for residential burglary and sentenced to 18 months probation. Court erred in denying minor's motion to suppress physical evidence. Anonymous caller only relayed to police that they saw people entering a residence carrying items such as a TV. Evidence showed that minor might have engaged in otherwise innocent conduct that occurred in near place and time to a reported crime. Evidence was insufficient to establish independent probable cause to arrest minor on his porch. There was no independent intervening event that broke causal chain between police's illegal search of garbage in curtilage of minor's home and discovery of TV and minor's arrest. (HOWSE and ELLIS, concurring.)
(Manley, D-Joliet) changes the definition of "relocation" to mean a change of residence from the child's current primary residence to a new residence within this State (rather than located in a specific county within in this State) that is more than 50 miles (rather than 25 miles) from the child's current residence; or a change of residence from the child's current primary residence to a residence outside the borders of this State that is more than 50 miles (rather than 25 miles) from the current primary residence. Assigned to House Judiciary Committee.
(Martwick, D-Chicago) amends the Guardians for Adults with Disabilities Article of the Probate Act of 1975. Allows a licensed clinical psychologist to be one of the persons who may perform the evaluations upon which the report relating to the adjudication of disability is based. Now, only a licensed physician may do this. Referred to House Rules Committee.
(Jones, D-Chicago) provides that the Cook County associate judgeships existing on the effective date are converted into resident judgeships. Requires that the Supreme Court allot the resident judgeships for election from the 15 subcircuits. Referred to the Committee on Assignments.
After adjudication and dispositional hearings, minor was adjudged to be abused and neglected based on a failure to thrive. Court's finding that natural father of the minor was found to be unable only to parent him was not against manifest weight of evidence. It was not error for court to vacate attorney's appointment to represent minor's father, who waived representation by counsel and appeared pro se, having refused several offers to be appointed other counsel. Throughout hearings, father was unemployed, had drug dependency, and was sometimes incarcerated, which are all factors supporting court's finding that he was unable to care for the minor.(ROCHFORD and LAMPKIN, concurring.)
(Ford, D-Chicago) amends the Illinois Marriage and Dissolution of Marriage Act to mandate a rebuttable presumption in favor of equal parenting time in every family law case. The only exception is if the parents present an agreed written parenting plan, and that plan is approved by the court. If the court deviates from this presumption, it requires the court to issue a written decision stating its specific findings of fact and conclusions of law in support of its ruling.
House Bill 185 is scheduled for a hearing in House Judiciary Committee next Wednesday. ISBA opposes this bill in large part because it undermines the best interests of children standard. You may contact your House legislator at this link to express your opposition. You may also file a witness slip in opposition at the GA Dashboard. Instructions on how to file a witness slip may be found here.
(Parkhurst, R-Kankakee) amends the Code of Civil Procedure to provide that the interest on judgments arising by operation of law from child-support orders shall be calculated by applying one-twelfth of 5% (rather than one-twelfth of 9%) to the unpaid child support balance as of the end of each calendar month. Provides that every calendar year, beginning in 2021, the Department of Healthcare and Family Services shall determine the percentage of simple interest that shall accrue on unpaid child-support obligations. House Bill 929 was just introduced.
(Gong-Gershowitz, D-Glenview) adds another exception that gives the court jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if it finds that the minor has a living parent whose parental rights have not been terminated; the parent or parents are not presently located in the United States because of an “administrative separation”; and are unable to consent as evidenced by a sworn affidavit. It also makes these conditions a triggering event for a short-term guardianship. House Bill 836 was just introduced.