Bill Text: IL HB0795 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, in a case involving dissolution of marriage, declaration of invalidity of marriage, allocation of parental responsibilities, or domestic violence, the court shall only appoint a guardian ad litem if the guardian ad litem has completed 20 hours of classroom training and 20 hours of training by a domestic abuse advocate to become a guardian ad litem. Provides that the training to become a guardian ad litem shall be offered by a statewide organization advocating for survivors of domestic violence. Provides that the new requirements do not apply to a unit of State or local government providing services, or a public defender's office associated with a unit of State or local government.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0795 Detail]

Download: Illinois-2021-HB0795-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0795 Introduced , by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED:
750 ILCS 5/506 from Ch. 40, par. 506
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, in a case involving dissolution of marriage, declaration of invalidity of marriage, allocation of parental responsibilities, or domestic violence, the court shall only appoint a guardian ad litem if the guardian ad litem has completed 20 hours of classroom training and 20 hours of training by a domestic abuse advocate to become a guardian ad litem. Provides that the training to become a guardian ad litem shall be offered by a statewide organization advocating for survivors of domestic violence. Provides that the new requirements do not apply to a unit of State or local government providing services, or a public defender's office associated with a unit of State or local government.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 506 as follows:
(750 ILCS 5/506) (from Ch. 40, par. 506)
Sec. 506. Representation of child.
(a) Duties. In any proceedings involving the support,
custody, visitation, allocation of parental responsibilities,
education, parentage, property interest, or general welfare of
a minor or dependent child, the court may, on its own motion or
that of any party, appoint an attorney to serve in one of the
following capacities to address the issues the court
delineates:
(1) Attorney. The attorney shall provide independent
legal counsel for the child and shall owe the same duties
of undivided loyalty, confidentiality, and competent
representation as are due an adult client.
(2) Guardian ad litem. The guardian ad litem shall
testify or submit a written report to the court regarding
his or her recommendations in accordance with the best
interest of the child. The report shall be made available
to all parties. The guardian ad litem may be called as a

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witness for purposes of cross-examination regarding the
guardian ad litem's report or recommendations. The
guardian ad litem shall investigate the facts of the case
and interview the child and the parties.
In a case involving dissolution of marriage,
declaration of invalidity of marriage, allocation of
parental responsibilities, or domestic violence, the court
shall only appoint a guardian ad litem if the guardian ad
litem has completed 20 hours of classroom training and 20
hours of training by a domestic abuse advocate to become a
guardian ad litem. The training to become a guardian ad
litem shall be offered by a statewide organization
advocating for survivors of domestic violence. This
subsection does not apply to a unit of State or local
government providing services, or a public defender's
office associated with a unit of State or local
government.
(3) Child representative. The child representative
shall advocate what the child representative finds to be
in the best interests of the child after reviewing the
facts and circumstances of the case. The child
representative shall meet with the child and the parties,
investigate the facts of the case, and encourage
settlement and the use of alternative forms of dispute
resolution. The child representative shall have the same
authority and obligation to participate in the litigation

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as does an attorney for a party and shall possess all the
powers of investigation as does a guardian ad litem. The
child representative shall consider, but not be bound by,
the expressed wishes of the child. A child representative
shall have received training in child advocacy or shall
possess such experience as determined to be equivalent to
such training by the chief judge of the circuit where the
child representative has been appointed. The child
representative shall not disclose confidential
communications made by the child, except as required by
law or by the Rules of Professional Conduct. The child
representative shall not render an opinion,
recommendation, or report to the court and shall not be
called as a witness, but shall offer evidence-based legal
arguments. The child representative shall disclose the
position as to what the child representative intends to
advocate in a pre-trial memorandum that shall be served
upon all counsel of record prior to the trial. The
position disclosed in the pre-trial memorandum shall not
be considered evidence. The court and the parties may
consider the position of the child representative for
purposes of a settlement conference.
(a-3) Additional appointments. During the proceedings the
court may appoint an additional attorney to serve in the
capacity described in subdivision (a)(1) or an additional
attorney to serve in another of the capacities described in

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subdivision (a)(2) or (a)(3) on the court's own motion or that
of a party only for good cause shown and when the reasons for
the additional appointment are set forth in specific findings.
(a-5) Appointment considerations. In deciding whether to
make an appointment of an attorney for the minor child, a
guardian ad litem, or a child representative, the court shall
consider the nature and adequacy of the evidence to be
presented by the parties and the availability of other methods
of obtaining information, including social service
organizations and evaluations by mental health professions, as
well as resources for payment.
In no event is this Section intended to or designed to
abrogate the decision making power of the trier of fact. Any
appointment made under this Section is not intended to nor
should it serve to place any appointed individual in the role
of a surrogate judge.
(b) Fees and costs. The court shall enter an order as
appropriate for costs, fees, and disbursements, including a
retainer, when the attorney, guardian ad litem, or child's
representative is appointed. Any person appointed under this
Section shall file with the court within 90 days of his or her
appointment, and every subsequent 90-day period thereafter
during the course of his or her representation, a detailed
invoice for services rendered with a copy being sent to each
party. The court shall review the invoice submitted and
approve the fees, if they are reasonable and necessary. Any

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order approving the fees shall require payment by either or
both parents, by any other party or source, or from the marital
estate or the child's separate estate. The court may not order
payment by the Department of Healthcare and Family Services in
cases in which the Department is providing child support
enforcement services under Article X of the Illinois Public
Aid Code. Unless otherwise ordered by the court at the time
fees and costs are approved, all fees and costs payable to an
attorney, guardian ad litem, or child representative under
this Section are by implication deemed to be in the nature of
support of the child and are within the exceptions to
discharge in bankruptcy under 11 U.S.C.A. 523. The provisions
of Sections 501 and 508 of this Act shall apply to fees and
costs for attorneys appointed under this Section.
(Source: P.A. 99-90, eff. 1-1-16.)