Child Law

(Kay, R-Edwardsville; Hatcher, R-Yorkville) creates a separate process for adjudicating disputes between parents about any major decision regarding the minor child's education or medical, dental, or psychological treatment if the child has been diagnosed with a mental or physical developmental disability. Requires that a parent must communicate to the other parent in writing any major decision regarding these issues, and that the other parent must agree in a timely manner or object to the decision. If objections are not resolved they must be submitted to mediation and, if that does not succeed, the matter shall be resolved by the court. If the court finds that the objecting parent unreasonably withheld agreement, the objecting parent shall be ordered to pay the mediation fees and the other parent's attorney's fees. Scheduled for hearing Wednesday in House Judiciary Committee I.

(Dillard, R-Westmont) clarifies that an adopted child is not a child of a natural parent “whose parental rights were terminated by the adoption” rather than that “an adopted child is not a child of a natural parent” for inheritance or property rights under any instrument. Scheduled for hearing this Tuesday in Senate Judiciary Committee.

(Sandack, R-Lombard) creates an exemption to include trusts that name as the primary beneficiary the spouse of the insured or the child, parent, or other person who is dependent on the insured. Scheduled for hearing this Tuesday in Senate Judiciary Committee.

(Dillard, R-Westmont) authorizes a court to require a self-employed person who is found in contempt for failing to pay child support to (a) provide monthly financial statements from the business or the self-employment; (b) seek employment and report to the court information about his or her employment search; or (c) report to the Department of Employment Security for job search services to find employment that will be subject to child support withholding. Scheduled for hearing this Tuesday in Senate Judiciary Committee. http://www.isba.org/node/add/legislation

(Dillard, R-Westmont) authorizes the court to order a parent to pay to the clerk of the circuit court an amount equal to up to 180 days support obligation if it is a self-employed parent who is 90 days or more delinquent or adjudicated to be in arrears in this amount. Allows the clerk to hold that amount as security to pay to the obligee parent amounts from this security as they become due. Scheduled for hearing this Tuesday in Senate Judiciary Committee.

(Munoz, D-Chicago) authorizes a trial court to order the parties and the minor children to participate in “integrative family therapy” in a dissolution proceeding or post-judgment proceeding involving children. The trigger for the judge is the presence of substantial and ongoing conflict about custody or visitation putting the children at risk to develop a pathological condition or conditions such as depression, anxiety, and personality disorder. Scheduled for hearing this Tuesday in Senate Judiciary Committee.

(LaHood, R-Peoria) amends the Adoption Act’s definition of “depraved” under the grounds for “unfit person” to include a parent with inherent deficiencies of moral sense and rectitude. Scheduled for hearing this Tuesday in Senate Judiciary Committee.

(Tracy, R-Brown County) makes five changes to the Illinois Marriage and Dissolution of Marriage Act affecting attorney’s fees for representing a child. (1) Caps fees at $150 an hour with an annual increase or decrease that is tied to the Consumer Price Index. (2) Forfeits payment of fees accrued during a 90-day period if an attorney doesn’t file the required invoice of services every 90 days. (3) Prohibits billing for preparing the invoice of services. (4) Prohibits the court from awarding fees that are not properly itemized. (5) Removes from current law the bankruptcy exemption for these fees. Scheduled for hearing next Wednesday in House Judiciary Committee I.

(Raoul, D-Chicago) creates a First Offender Probation program for a limited number of felonies for defendants who have no prior felony convictions. It allows a defendant to be sentenced to intensive probation but defers judgment so that if the defendant completes it successfully, there is no felony conviction on the defendant’s record. Although modeled after the first offender programs in TASC and other drug offenses, Senate Bill 3349 is different in that it vests control in the prosecutor. Unlike the other statutes, Senate Bill 3349 requires consent of the prosecutor before the judge can sentence a statutorily qualified defendant to it. Passed out Senate Judiciary Committee on a 6-0 vote. An identical bill is House Bill 5499 (du Buclet, D-Chicago).