Child Law

(Tracy, R-Brown County; Clayborne, D- E. St. Louis) amends the “continuance under supervision” section (Section 615) to track the procedure followed in adult criminal court. Senate Amendment No. 1 does the following: (1) Leaves current law so that a case may be continued under supervision before a finding of delinquency with the approval of the state’s attorney. “A finding of delinquency” is a bright line that should prevent some of the confusion caused by the inconsistency of the current language. It leaves current law that this option is not available for any forcible felony, a Class X felony, and first-degree murder. (2) Amends § 615 so that after a court makes a finding of delinquency, the court may continue the case under supervision. It adds the same criteria from the supervision statute in the Criminal Code that the judge must consider before ordering supervision. (730 ILCS 5/5-6-1). It recites current law that this option is not available for any forcible felony, a Class X felony, and first-degree murder. House Bill 3172 is on second reading in the Senate after passing the House.

(Currie, D-Chicago; Steans, D-Chicago) raises the age of jurisdiction for juvenile court from 17 to 18 for most felony offenses. The jurisdictional age for misdemeanor offenses was raised from 17 to 18 several years ago, and after the Illinois Juvenile Justice Commission studied the benefits of that change, recommended that it be extended to most felonies. Essentially, House Bill 2404 would align our juvenile court jurisdiction with 38 other states, the federal government, and common culture. Passed the House and is on third reading in the Senate awaiting a vote.

(Reboletti, R-Addison; Connelly, R-Wheaton) excludes the requirements or limitations of the Section concerning body attachment orders while enforcing any order or judgment for child support. Passed the House and in Senate Judiciary Committee.

(Noland, D-Elgin) codifies by statute the Uniform Law Commission’s proposed alternative dispute resolution for family law cases that is now being done by private agreement between litigants. It includes a variety of process requirements such as treatment of settlement communications as confidential, establishment of an evidentiary privilege for settlement discussions, lawyer disqualification if the process fails, and informal discovery procedures. Held in Senate Judiciary Committee.

(Harms, R-Watseka) allows a court to consider, consistent with the best interest of the child, whether to award to one or both of the parties the “right of first refusal” to provide child care for the minor child or children during the other parent’s normal parenting time. Although the parties may agree to a right of first refusal, if they do not, and the court determines that a right of first refusal is in the best interest of the child, the court shall consider new statutory criteria and make provisions for it consistent with the best interest of the child. It doesn’t affect use of a substitute child-care provider for emergency situations and applies only if a party intends to leave the minor child or children with a substitute child-care provider for a significant period of time. Passed the House and on first reading in the Senate.

Juvenile court jurisdiction. House Bill 2404 (Currie) raises the age of jurisdiction for juvenile court from 17 to 18 for most felony offenses. The jurisdictional age for misdemeanor offenses was raised from 17 to 18 several years ago, and after the Illinois Juvenile Justice Commission studied the benefits of that change, recommended that it be extended to most felonies. Essentially, House Bill 2404 would align our juvenile court jurisdiction with 38 other states, the federal government, and common culture. It is on third reading in the House awaiting a vote.

(Tracy, R-Brown County; Clayborne, D-Belleville) repeals a provision under current law that allows a state’s attorney to prevent a judge from ordering a continuance under supervision. It passed out of the House last week on a 83-27 vote and is now in the Senate.