Bill Text: IL SB1589 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, in addition to the factors the court shall consider when determining whether to grant visitation to certain non-parents, the court shall also consider whether there exist any other facts that establish that the loss of the relationship between the grandparent, great-grandparent, sibling, or step-parent and the child is likely to harm the child.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-08 - Referred to Assignments [SB1589 Detail]

Download: Illinois-2023-SB1589-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1589 Introduced 2/8/2023, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
750 ILCS 5/602.9
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, in addition to the factors the court shall consider when determining whether to grant visitation to certain non-parents, the court shall also consider whether there exist any other facts that establish that the loss of the relationship between the grandparent, great-grandparent, sibling, or step-parent and the child is likely to harm the child.
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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 602.9 as follows:
(750 ILCS 5/602.9)
Sec. 602.9. Visitation by certain non-parents.
(a) As used in this Section:
(1) "electronic communication" means time that a
grandparent, great-grandparent, sibling, or step-parent
spends with a child during which the child is not in the
person's actual physical custody, but which is facilitated
by the use of communication tools such as the telephone,
electronic mail, instant messaging, video conferencing or
other wired or wireless technologies via the Internet, or
another medium of communication;
(2) "sibling" means a brother or sister either of the
whole blood or the half blood, stepbrother, or stepsister
of the minor child;
(3) "step-parent" means a person married to a child's
parent, including a person married to the child's parent
immediately prior to the parent's death; and
(4) "visitation" means in-person time spent between a

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child and the child's grandparent, great-grandparent,
sibling, step-parent, or any person designated under
subsection (d) of Section 602.7. In appropriate
circumstances, visitation may include electronic
communication under conditions and at times determined by
the court.
(b) General provisions.
(1) An appropriate person, as identified in subsection
(c) of this Section, may bring an action in circuit court
by petition, or by filing a petition in a pending
dissolution proceeding or any other proceeding that
involves parental responsibilities or visitation issues
regarding the child, requesting visitation with the child
pursuant to this Section. If there is not a pending
proceeding involving parental responsibilities or
visitation with the child, the petition for visitation
with the child must be filed in the county in which the
child resides. Notice of the petition shall be given as
provided in subsection (c) of Section 601.2 of this Act.
(2) This Section does not apply to a child:
(A) in whose interests a petition is pending under
Section 2-13 of the Juvenile Court Act of 1987; or
(B) in whose interests a petition to adopt by an
unrelated person is pending under the Adoption Act; or
(C) who has been voluntarily surrendered by the
parent or parents, except for a surrender to the

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Department of Children and Family Services or a foster
care facility; or
(D) who has been previously adopted by an
individual or individuals who are not related to the
biological parents of the child or who is the subject
of a pending adoption petition by an individual or
individuals who are not related to the biological
parents of the child; or
(E) who has been relinquished pursuant to the
Abandoned Newborn Infant Protection Act.
(3) A petition for visitation may be filed under this
Section only if there has been an unreasonable denial of
visitation by a parent and the denial has caused the child
undue mental, physical, or emotional harm.
(4) There is a rebuttable presumption that a fit
parent's actions and decisions regarding grandparent,
great-grandparent, sibling, or step-parent visitation are
not harmful to the child's mental, physical, or emotional
health. The burden is on the party filing a petition under
this Section to prove that the parent's actions and
decisions regarding visitation will cause undue harm to
the child's mental, physical, or emotional health.
(5) In determining whether to grant visitation, the
court shall consider the following:
(A) the wishes of the child, taking into account
the child's maturity and ability to express reasoned

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and independent preferences as to visitation;
(B) the mental and physical health of the child;
(C) the mental and physical health of the
grandparent, great-grandparent, sibling, or
step-parent;
(D) the length and quality of the prior
relationship between the child and the grandparent,
great-grandparent, sibling, or step-parent;
(E) the good faith of the party in filing the
petition;
(F) the good faith of the person denying
visitation;
(G) the quantity of the visitation time requested
and the potential adverse impact that visitation would
have on the child's customary activities;
(H) any other fact that establishes that the loss
of the relationship between the petitioner and the
child is likely to unduly harm the child's mental,
physical, or emotional health; and
(I) whether visitation can be structured in a way
to minimize the child's exposure to conflicts between
the adults.
(6) Any visitation rights granted under this Section
before the filing of a petition for adoption of the child
shall automatically terminate by operation of law upon the
entry of an order terminating parental rights or granting

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the adoption of the child, whichever is earlier. If the
person or persons who adopted the child are related to the
child, as defined by Section 1 of the Adoption Act, any
person who was related to the child as grandparent,
great-grandparent, or sibling prior to the adoption shall
have standing to bring an action under this Section
requesting visitation with the child.
(7) The court may order visitation rights for the
grandparent, great-grandparent, sibling, or step-parent
that include reasonable access without requiring overnight
or possessory visitation.
(c) Visitation by grandparents, great-grandparents,
step-parents, and siblings.
(1) Grandparents, great-grandparents, step-parents,
and siblings of a minor child who is one year old or older
may bring a petition for visitation and electronic
communication under this Section if there is an
unreasonable denial of visitation by a parent that causes
undue mental, physical, or emotional harm to the child and
if at least one of the following conditions exists:
(A) the child's other parent is deceased or has
been missing for at least 90 days. For the purposes of
this subsection a parent is considered to be missing
if the parent's location has not been determined and
the parent has been reported as missing to a law
enforcement agency; or

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(B) a parent of the child is incompetent as a
matter of law; or
(C) a parent has been incarcerated in jail or
prison for a period in excess of 90 days immediately
prior to the filing of the petition; or
(D) the child's parents have been granted a
dissolution of marriage or have been legally separated
from each other or there is pending a dissolution
proceeding involving a parent of the child or another
court proceeding involving parental responsibilities
or visitation of the child (other than an adoption
proceeding of an unrelated child, a proceeding under
Article II of the Juvenile Court Act of 1987, or an
action for an order of protection under the Illinois
Domestic Violence Act of 1986 or Article 112A of the
Code of Criminal Procedure of 1963) and at least one
parent does not object to the grandparent,
great-grandparent, step-parent, or sibling having
visitation with the child. The visitation of the
grandparent, great-grandparent, step-parent, or
sibling must not diminish the parenting time of the
parent who is not related to the grandparent,
great-grandparent, step-parent, or sibling seeking
visitation; or
(E) (i) the child is born to parents who are not
married to each other; (ii) the parents are not living

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together; (iii) the petitioner is a grandparent,
great-grandparent, step-parent, or sibling of the
child; and (iv) the parent-child relationship has been
legally established. For purposes of this subdivision
(E), if the petitioner is a grandparent or
great-grandparent, the parent-child relationship need
be legally established only with respect to the parent
who is related to the grandparent or
great-grandparent. For purposes of this subdivision
(E), if the petitioner is a step-parent, the
parent-child relationship need be legally established
only with respect to the parent who is married to the
petitioner or was married to the petitioner
immediately before the parent's death.
(2) In addition to the factors set forth in
subdivision (b)(5) of this Section, the court should
consider:
(A) whether the child resided with the petitioner
for at least 6 consecutive months with or without a
parent present;
(B) whether the child had frequent and regular
contact or visitation with the petitioner for at least
12 consecutive months; and
(C) whether the grandparent, great-grandparent,
sibling, or step-parent was a primary caretaker of the
child for a period of not less than 6 consecutive

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months within the 24-month period immediately
preceding the commencement of the proceeding; and
(D) whether there exist any other facts that
establish that the loss of the relationship between
the grandparent, great-grandparent, sibling, or
step-parent and the child is likely to harm the child.
(3) An order granting visitation privileges under this
Section is subject to subsections (c) and (d) of Section
603.10.
(4) A petition for visitation privileges may not be
filed pursuant to this subsection (c) by the parents or
grandparents of a parent of the child if parentage between
the child and the related parent has not been legally
established.
(d) Modification of visitation orders.
(1) Unless by stipulation of the parties, no motion to
modify a grandparent, great-grandparent, sibling, or
step-parent visitation order may be made earlier than 2
years after the date the order was filed, unless the court
permits it to be made on the basis of affidavits that there
is reason to believe the child's present environment may
endanger seriously the child's mental, physical, or
emotional health.
(2) The court shall not modify an order that grants
visitation to a grandparent, great-grandparent, sibling,
or step-parent unless it finds by clear and convincing

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evidence, upon the basis of facts that have arisen since
the prior visitation order or that were unknown to the
court at the time of entry of the prior visitation order,
that a change has occurred in the circumstances of the
child or his or her parent, and that the modification is
necessary to protect the mental, physical, or emotional
health of the child. The court shall state in its decision
specific findings of fact in support of its modification
or termination of the grandparent, great-grandparent,
sibling, or step-parent visitation. A child's parent may
always petition to modify visitation upon changed
circumstances when necessary to promote the child's best
interests.
(3) Notice of a motion requesting modification of a
visitation order shall be provided as set forth in
subsection (c) of Section 601.2 of this Act.
(4) Attorney's fees and costs shall be assessed
against a party seeking modification of the visitation
order if the court finds that the modification action is
vexatious and constitutes harassment.
(e) No child's grandparent, great-grandparent, sibling, or
step-parent, or any person to whom the court is considering
granting visitation privileges pursuant to subsection (d) of
Section 602.7, who was convicted of any offense involving an
illegal sex act perpetrated upon a victim less than 18 years of
age including, but not limited to, offenses for violations of

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Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70,
or Article 12 of the Criminal Code of 1961 or the Criminal Code
of 2012, is entitled to visitation while incarcerated or while
on parole, probation, conditional discharge, periodic
imprisonment, or mandatory supervised release for that
offense, and upon discharge from incarceration for a
misdemeanor offense or upon discharge from parole, probation,
conditional discharge, periodic imprisonment, or mandatory
supervised release for a felony offense. Visitation shall be
denied until the person successfully completes a treatment
program approved by the court. Upon completion of treatment,
the court may deny visitation based on the factors listed in
subdivision (b)(5) of this Section.
(f) No child's grandparent, great-grandparent, sibling, or
step-parent, or any person to whom the court is considering
granting visitation privileges pursuant to subsection (d) of
Section 602.7, may be granted visitation if he or she has been
convicted of first degree murder of a parent, grandparent,
great-grandparent, or sibling of the child who is the subject
of the visitation request. Pursuant to a motion to modify
visitation, the court shall revoke visitation rights
previously granted to any person who would otherwise be
entitled to petition for visitation rights under this Section
or granted visitation under subsection (d) of Section 602.7,
if the person has been convicted of first degree murder of a
parent, grandparent, great-grandparent, or sibling of the

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child who is the subject of the visitation order. Until an
order is entered pursuant to this subsection, no person may
visit, with the child present, a person who has been convicted
of first degree murder of the parent, grandparent,
great-grandparent, or sibling of the child without the consent
of the child's parent, other than a parent convicted of first
degree murder as set forth herein, or legal guardian.
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17;
100-706, eff. 1-1-19.)