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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:
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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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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Marriage and Dissolution of |
5 | | Marriage Act is amended by changing Section 602.9 as follows:
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6 | | (750 ILCS 5/602.9) |
7 | | Sec. 602.9. Visitation by certain non-parents. |
8 | | (a) As used in this Section: |
9 | | (1) "electronic communication" means time that a |
10 | | grandparent, great-grandparent, sibling, or step-parent |
11 | | spends with a child during which the child is not in the |
12 | | person's actual physical custody, but which is facilitated |
13 | | by the use of communication tools such as the telephone, |
14 | | electronic mail, instant messaging, video conferencing or |
15 | | other wired or wireless technologies via the Internet, or |
16 | | another medium of communication; |
17 | | (2) "sibling" means a brother or sister either of the |
18 | | whole blood or the half blood, stepbrother, or stepsister |
19 | | of the minor child; |
20 | | (3) "step-parent" means a person married to a child's |
21 | | parent, including a person married to the child's parent |
22 | | immediately prior to the parent's death; and |
23 | | (4) "visitation" means in-person time spent between a |
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1 | | child and the child's grandparent, great-grandparent, |
2 | | sibling, step-parent, or any person designated under |
3 | | subsection (d) of Section 602.7. In appropriate |
4 | | circumstances, visitation may include electronic |
5 | | communication under conditions and at times determined by |
6 | | the court. |
7 | | (b) General provisions. |
8 | | (1) An appropriate person, as identified in subsection |
9 | | (c) of this Section, may bring an action in circuit court |
10 | | by petition, or by filing a petition in a pending |
11 | | dissolution proceeding or any other proceeding that |
12 | | involves parental responsibilities or visitation issues |
13 | | regarding the child, requesting visitation with the child |
14 | | pursuant to this Section. If there is not a pending |
15 | | proceeding involving parental responsibilities or |
16 | | visitation with the child, the petition for visitation |
17 | | with the child must be filed in the county in which the |
18 | | child resides. Notice of the petition shall be given as |
19 | | provided in subsection (c) of Section 601.2 of this Act. |
20 | | (2) This Section does not apply to a child: |
21 | | (A) in whose interests a petition is pending under |
22 | | Section 2-13 of the Juvenile Court Act of 1987; or |
23 | | (B) in whose interests a petition to adopt by an |
24 | | unrelated person is pending under the Adoption Act; or |
25 | | (C) who has been voluntarily surrendered by the |
26 | | parent or parents, except for a surrender to the |
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1 | | Department of Children and Family Services or a foster |
2 | | care facility; or |
3 | | (D) who has been previously adopted by an |
4 | | individual or individuals who are not related to the |
5 | | biological parents of the child or who is the subject |
6 | | of a pending adoption petition by an individual or |
7 | | individuals who are not related to the biological |
8 | | parents of the child; or |
9 | | (E) who has been relinquished pursuant to the |
10 | | Abandoned Newborn Infant Protection Act. |
11 | | (3) A petition for visitation may be filed under this |
12 | | Section only if there has been an unreasonable denial of |
13 | | visitation by a parent and the denial has caused the child |
14 | | undue mental, physical, or emotional harm. |
15 | | (4) There is a rebuttable presumption that a fit |
16 | | parent's actions and decisions regarding grandparent, |
17 | | great-grandparent, sibling, or step-parent visitation are |
18 | | not harmful to the child's mental, physical, or emotional |
19 | | health. The burden is on the party filing a petition under |
20 | | this Section to prove that the parent's actions and |
21 | | decisions regarding visitation will cause undue harm to |
22 | | the child's mental, physical, or emotional health. |
23 | | (5) In determining whether to grant visitation, the |
24 | | court shall consider the following: |
25 | | (A) the wishes of the child, taking into account |
26 | | the child's maturity and ability to express reasoned |
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1 | | and independent preferences as to visitation; |
2 | | (B) the mental and physical health of the child; |
3 | | (C) the mental and physical health of the |
4 | | grandparent, great-grandparent, sibling, or |
5 | | step-parent; |
6 | | (D) the length and quality of the prior |
7 | | relationship between the child and the grandparent, |
8 | | great-grandparent, sibling, or step-parent; |
9 | | (E) the good faith of the party in filing the |
10 | | petition; |
11 | | (F) the good faith of the person denying |
12 | | visitation; |
13 | | (G) the quantity of the visitation time requested |
14 | | and the potential adverse impact that visitation would |
15 | | have on the child's customary activities; |
16 | | (H) any other fact that establishes that the loss |
17 | | of the relationship between the petitioner and the |
18 | | child is likely to unduly harm the child's mental, |
19 | | physical, or emotional health; and |
20 | | (I) whether visitation can be structured in a way |
21 | | to minimize the child's exposure to conflicts between |
22 | | the adults. |
23 | | (6) Any visitation rights granted under this Section |
24 | | before the filing of a petition for adoption of the child |
25 | | shall automatically terminate by operation of law upon the |
26 | | entry of an order terminating parental rights or granting |
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1 | | the adoption of the child, whichever is earlier. If the |
2 | | person or persons who adopted the child are related to the |
3 | | child, as defined by Section 1 of the Adoption Act, any |
4 | | person who was related to the child as grandparent, |
5 | | great-grandparent, or sibling prior to the adoption shall |
6 | | have standing to bring an action under this Section |
7 | | requesting visitation with the child. |
8 | | (7) The court may order visitation rights for the |
9 | | grandparent, great-grandparent, sibling, or step-parent |
10 | | that include reasonable access without requiring overnight |
11 | | or possessory visitation. |
12 | | (c) Visitation by grandparents, great-grandparents, |
13 | | step-parents, and siblings. |
14 | | (1) Grandparents, great-grandparents, step-parents, |
15 | | and siblings of a minor child who is one year old or older |
16 | | may bring a petition for visitation and electronic |
17 | | communication under this Section if there is an |
18 | | unreasonable denial of visitation by a parent that causes |
19 | | undue mental, physical, or emotional harm to the child and |
20 | | if at least one of the following conditions exists: |
21 | | (A) the child's other parent is deceased or has |
22 | | been missing for at least 90 days. For the purposes of |
23 | | this subsection a parent is considered to be missing |
24 | | if the parent's location has not been determined and |
25 | | the parent has been reported as missing to a law |
26 | | enforcement agency; or |
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1 | | (B) a parent of the child is incompetent as a |
2 | | matter of law; or |
3 | | (C) a parent has been incarcerated in jail or |
4 | | prison for a period in excess of 90 days immediately |
5 | | prior to the filing of the petition; or |
6 | | (D) the child's parents have been granted a |
7 | | dissolution of marriage or have been legally separated |
8 | | from each other or there is pending a dissolution |
9 | | proceeding involving a parent of the child or another |
10 | | court proceeding involving parental responsibilities |
11 | | or visitation of the child (other than an adoption |
12 | | proceeding of an unrelated child, a proceeding under |
13 | | Article II of the Juvenile Court Act of 1987, or an |
14 | | action for an order of protection under the Illinois |
15 | | Domestic Violence Act of 1986 or Article 112A of the |
16 | | Code of Criminal Procedure of 1963) and at least one |
17 | | parent does not object to the grandparent, |
18 | | great-grandparent, step-parent, or sibling having |
19 | | visitation with the child. The visitation of the |
20 | | grandparent, great-grandparent, step-parent, or |
21 | | sibling must not diminish the parenting time of the |
22 | | parent who is not related to the grandparent, |
23 | | great-grandparent, step-parent, or sibling seeking |
24 | | visitation; or |
25 | | (E) (i) the child is born to parents who are not |
26 | | married to each other; (ii) the parents are not living |
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1 | | together; (iii) the petitioner is a grandparent, |
2 | | great-grandparent, step-parent, or sibling of the |
3 | | child; and (iv) the parent-child relationship has been |
4 | | legally established. For purposes of this subdivision |
5 | | (E), if the petitioner is a grandparent or |
6 | | great-grandparent, the parent-child relationship need |
7 | | be legally established only with respect to the parent |
8 | | who is related to the grandparent or |
9 | | great-grandparent. For purposes of this subdivision |
10 | | (E), if the petitioner is a step-parent, the |
11 | | parent-child relationship need be legally established |
12 | | only with respect to the parent who is married to the |
13 | | petitioner or was married to the petitioner |
14 | | immediately before the parent's death. |
15 | | (2) In addition to the factors set forth in |
16 | | subdivision (b)(5) of this Section, the court should |
17 | | consider: |
18 | | (A) whether the child resided with the petitioner |
19 | | for at least 6 consecutive months with or without a |
20 | | parent present; |
21 | | (B) whether the child had frequent and regular |
22 | | contact or visitation with the petitioner for at least |
23 | | 12 consecutive months; and |
24 | | (C) whether the grandparent, great-grandparent, |
25 | | sibling, or step-parent was a primary caretaker of the |
26 | | child for a period of not less than 6 consecutive |
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1 | | months within the 24-month period immediately |
2 | | preceding the commencement of the proceeding ; and |
3 | | (D) whether there exist any other facts that |
4 | | establish that the loss of the relationship between |
5 | | the grandparent, great-grandparent, sibling, or |
6 | | step-parent and the child is likely to harm the child . |
7 | | (3) An order granting visitation privileges under this |
8 | | Section is subject to subsections (c) and (d) of Section |
9 | | 603.10. |
10 | | (4) A petition for visitation privileges may not be |
11 | | filed pursuant to this subsection (c) by the parents or |
12 | | grandparents of a parent of the child if parentage between |
13 | | the child and the related parent has not been legally |
14 | | established. |
15 | | (d) Modification of visitation orders. |
16 | | (1) Unless by stipulation of the parties, no motion to |
17 | | modify a grandparent, great-grandparent, sibling, or |
18 | | step-parent visitation order may be made earlier than 2 |
19 | | years after the date the order was filed, unless the court |
20 | | permits it to be made on the basis of affidavits that there |
21 | | is reason to believe the child's present environment may |
22 | | endanger seriously the child's mental, physical, or |
23 | | emotional health. |
24 | | (2) The court shall not modify an order that grants |
25 | | visitation to a grandparent, great-grandparent, sibling, |
26 | | or step-parent unless it finds by clear and convincing |
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1 | | evidence, upon the basis of facts that have arisen since |
2 | | the prior visitation order or that were unknown to the |
3 | | court at the time of entry of the prior visitation order, |
4 | | that a change has occurred in the circumstances of the |
5 | | child or his or her parent, and that the modification is |
6 | | necessary to protect the mental, physical, or emotional |
7 | | health of the child. The court shall state in its decision |
8 | | specific findings of fact in support of its modification |
9 | | or termination of the grandparent, great-grandparent, |
10 | | sibling, or step-parent visitation. A child's parent may |
11 | | always petition to modify visitation upon changed |
12 | | circumstances when necessary to promote the child's best |
13 | | interests. |
14 | | (3) Notice of a motion requesting modification of a |
15 | | visitation order shall be provided as set forth in |
16 | | subsection (c) of Section 601.2 of this Act. |
17 | | (4) Attorney's fees and costs shall be assessed |
18 | | against a party seeking modification of the visitation |
19 | | order if the court finds that the modification action is |
20 | | vexatious and constitutes harassment. |
21 | | (e) No child's grandparent, great-grandparent, sibling, or |
22 | | step-parent, or any person to whom the court is considering |
23 | | granting visitation privileges pursuant to subsection (d) of |
24 | | Section 602.7, who was convicted of any offense involving an |
25 | | illegal sex act perpetrated upon a victim less than 18 years of |
26 | | age including, but not limited to, offenses for violations of |
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1 | | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, |
2 | | or Article 12 of the Criminal Code of 1961 or the Criminal Code |
3 | | of 2012, is entitled to visitation while incarcerated or while |
4 | | on parole, probation, conditional discharge, periodic |
5 | | imprisonment, or mandatory supervised release for that |
6 | | offense, and upon discharge from incarceration for a |
7 | | misdemeanor offense or upon discharge from parole, probation, |
8 | | conditional discharge, periodic imprisonment, or mandatory |
9 | | supervised release for a felony offense. Visitation shall be |
10 | | denied until the person successfully completes a treatment |
11 | | program approved by the court. Upon completion of treatment, |
12 | | the court may deny visitation based on the factors listed in |
13 | | subdivision (b)(5) of this Section. |
14 | | (f) No child's grandparent, great-grandparent, sibling, or |
15 | | step-parent, or any person to whom the court is considering |
16 | | granting visitation privileges pursuant to subsection (d) of |
17 | | Section 602.7, may be granted visitation if he or she has been |
18 | | convicted of first degree murder of a parent, grandparent, |
19 | | great-grandparent, or sibling of the child who is the subject |
20 | | of the visitation request. Pursuant to a motion to modify |
21 | | visitation, the court shall revoke visitation rights |
22 | | previously granted to any person who would otherwise be |
23 | | entitled to petition for visitation rights under this Section |
24 | | or granted visitation under subsection (d) of Section 602.7, |
25 | | if the person has been convicted of first degree murder of a |
26 | | parent, grandparent, great-grandparent, or sibling of the |
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1 | | child who is the subject of the visitation order. Until an |
2 | | order is entered pursuant to this subsection, no person may |
3 | | visit, with the child present, a person who has been convicted |
4 | | of first degree murder of the parent, grandparent, |
5 | | great-grandparent, or sibling of the child without the consent |
6 | | of the child's parent, other than a parent convicted of first |
7 | | degree murder as set forth herein, or legal guardian.
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8 | | (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; |
9 | | 100-706, eff. 1-1-19 .)
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