Bill Text: IL HB5656 | 2015-2016 | 99th General Assembly | Chaptered
Bill Title: Amends the Department of Children and Family Services Act. Requires the Department of Children and Family Services to make reasonable efforts and accommodations to grant visitation privileges to a non-custodial grandparent or great-grandparent of a child who is in the care and custody of the Department that is separate and apart from any visitation privileges granted to a parent of the child. Provides that the Department shall consider, but shall not be limited to, certain criteria in determining whether to grant visitation, including: (i) the wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences as to visitation; (ii) the mental and physical health of the grandparent or great-grandparent; and (iii) the quantity of the visitation time requested and the potential adverse impact that visitation would have on the child's customary activities. Provides that the Department may deny a request for visitation after considering the specified criteria in addition to any other criteria the court deems necessary. Contains provisions concerning the automatic termination of visitation privileges and the Department's establishment of an appeal procedure to review a decision to deny visitation. Amends the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987. Provides that a court may grant visitation privileges to a non-custodial grandparent or great-grandparent of a child who is in the care and custody of the Department that is separate and apart from any visitation privileges granted to a parent of the child. Provides that the court shall consider certain criteria in determining whether to grant visitation and that the court may deny a request for visitation after considering the specified criteria in addition to any other criteria the court deems necessary.
Spectrum: Slight Partisan Bill (Democrat 8-5)
Status: (Passed) 2016-08-19 - Public Act . . . . . . . . . 99-0838 [HB5656 Detail]
Download: Illinois-2015-HB5656-Chaptered.html
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| Public Act 099-0838 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended | ||||
by changing Section 35.8 and by adding Section 35.9 as follows:
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(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.
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(Source: P.A. 99-341, eff. 8-11-15.)
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(20 ILCS 505/35.9 new) | ||||
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.
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