Bill Amendment: IL HB5656 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DCFS-COURTS-VISITATION

Status: 2016-08-19 - Public Act . . . . . . . . . 99-0838 [HB5656 Detail]

Download: Illinois-2015-HB5656-House_Amendment_001.html

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Rep. Norine K. Hammond

Filed: 3/29/2016

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AMENDMENT TO HOUSE BILL 5656
AMENDMENT NO. ______. Amend House Bill 5656 by replacing
everything after the enacting clause with the following:
"Section 5. The Children and Family Services Act is amended
by changing Section 35.8 and by adding Section 35.9 as follows:
(20 ILCS 505/35.8)
Sec. 35.8. Grandparent and great-grandparent visitation
rules; review. Not later than 6 months after the effective date
of this amendatory Act of the 99th General Assembly, and every
5 years thereafter, the Department shall review the rules on
granting visitation privileges to a non-custodial grandparent
or great-grandparent of a child who is in the care and custody
of the Department.
(Source: P.A. 99-341, eff. 8-11-15.)
(20 ILCS 505/35.9 new)

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Sec. 35.9. Visitation privileges; grandparents and
great-grandparents.
(a) The Department shall make reasonable efforts and
accommodations to provide for visitation privileges to a
non-custodial grandparent or great-grandparent of a child who
is in the care and custody of the Department. Any visitation
privileges provided under this Section shall be separate and
apart from any visitation privileges provided to a parent of
the child. The Department shall provide visitation privileges
only if doing so is in the child's best interest, taking into
consideration the factors set out in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987 and the following
additional factors:
(1) the mental and physical health of the grandparent
or great-grandparent;
(2) the quantity of the visitation time requested and
the potential adverse impact that visitation would have on
the child's customary activities;
(3) any other fact that establishes that the loss of
the relationship between the child and the grandparent or
great-grandparent is likely to unduly harm the child's
mental, physical, or emotional health; and
(4) whether visitation can be structured in a way to
minimize the child's exposure to conflicts between adult
family members.
(b) Any visitation privileges provided under this Section

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shall automatically terminate upon the child leaving the care
or custody of the Department.
(c) The Department may deny a request for visitation after
considering the criteria provided under subsection (a) in
addition to any other criteria the Department deems necessary.
If the Department determines that a grandparent or
great-grandparent is inappropriate to serve as a visitation
resource and denies visitation, the Department shall: (i)
document the basis of its determination and maintain the
documentation in the child's case file and (ii) inform the
grandparent or great-grandparent of his or her right to a
clinical review in accordance with Department rules and
procedures. The Department may adopt any rules necessary to
implement this Section.".