Child Law

(Tracy, R-Brown County) repeals a provision under current law that allows a state’s attorney to prevent a judge from ordering a continuance under supervision. Passed out of House Judiciary Committee and on second reading in the House.

(Currie, D-Chicago) changes the definition of a delinquent minor to include a person who was under 18 (rather than 17) years of age when he or she committed an offense classified as a felony. These changes are prospective only. Passed out of House Judiciary Committee yesterday.

(Harms, R-Mattoon) gives each parent the “right of first refusal” to care for a minor child in lieu of using a babysitter. Provides that the use of baby-sitters, family members, or subsequent spouses is secondary to the right of first refusal. Provides that right of first refusal means that if either parent intends to leave the minor children for a period of four hours or longer, that parent shall first offer the other parent an opportunity for additional time with the children before making other arrangements for the temporary care of the children. Contains provisions concerning the setting of parameters regarding distance, transportation, and time constraints that may make the offering of additional parenting time impractical and therefore not required. Provides that the parent leaving the children with the other parent or with a temporary child care provider shall notify the other parent of the duration of the parenting time or temporary care of the children by other persons. Contains procedural requirements regarding the offering and acceptance of additional parenting time. Provides that the parent exercising additional parenting time shall provide the necessary transportation unless the parties agree otherwise. Provides that the new provisions are enforceable under the Section of the Act concerning visitation abuse. Scheduled for hearing in House Judiciary Committee Wednesday.

(Brady, Bloomington-Normal) provides that upon a motion by the parent who received orders for deployment, the court may delegate his or her visitation rights, or a portion of those rights, to a family member of that parent who has a substantial relationship with the child if the court determines that delegated visitation is in the best interests of the child. These delegated visitation rights terminate upon: (1) the completion of the parent's deployment, in which case the previous custody or visitation order is reinstated; or (2) a showing that the delegated visitation is no longer in the best interests of the child. Nothing in the new provisions increases the authority of a family member who is delegated visitation rights to seek separate visitation rights of the child. Scheduled for hearing in House Judiciary Committee this Wednesday.

House Bill 2505 (Soto, D-Chicago) amends the Clerks of Courts Act to allow the county board to require its circuit court clerk in its county to retain not less than 1% nor more than 5% of fines, fees, and costs collected and disbursed for deposit in the Circuit Court Clerk Operation and Administrative Fund. It is not applicable if an amount or percentage is otherwise provided by statute. Exempts amounts held in trust for bail bond or child support payment amounts. Just introduced.