Bill Text: IL HB3182 | 2019-2020 | 101st 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 a statewide organization advocating for survivors of domestic violence shall offer the training to become a guardian ad litem.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-03-29 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3182 Detail]

Download: Illinois-2019-HB3182-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3182 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 a statewide organization advocating for survivors of domestic violence shall offer the training to become a guardian ad litem.
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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.
(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 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

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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
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

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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 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

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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.)