Illinois 94th Regular Session Status: Enacted 1 R cosponsors

HB 360 — MARRIAGE ACT-CHILD COUNSELING

Last action — Public Act . . . . . . . . . 94-0640

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 21, 2005. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Marriage and Dissolution of Marriage Act. Requires the court to determine whether counseling is appropriate for a child who is involved in a custody proceeding. Authorizes the court to order counseling and apportion the cost between the parties.

Bill Text

What changed in the latest version

161 added · 56 removed

Plain-language change summary

The amendments to Bill HB 360 update the guidelines for representing children's interests in custody and support proceedings. The key changes include a clearer definition of the roles of attorneys and guardians ad litem, ensuring that these representatives have specific duties and obligations to the child, such as providing independent legal counsel and making recommendations based on the child's best interests. Additionally, the bill removes a section that previously authorized counseling for children in custody proceedings, streamlining the focus on legal representation. These changes are important because they aim to strengthen the legal protections for children in court, ensuring their voices are heard and represented effectively.

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HB0360 Engrossed LRB094 02474 LCB 32475 b AN ACT concerning families.
HB0360 Enrolled LRB094 02474 LCB 32475 b AN ACT concerning families.
The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 608 and by adding Section 604.3 as follows:
The Illinois Marriage and Dissolution of Marriage Act is amended by changing Sections 506 and 608 as follows:
(750 ILCS 5/604.3 new) Sec.
(750 ILCS 5/506) (from Ch.
604.3.
Counseling.
The court shall determine whether counseling is appropriate for a child who is involved in a custody proceeding.
If the court determines that counseling is appropriate, the court may order counseling and may apportion the costs between the parties.
All counseling sessions shall be confidential.
The communications in counseling shall not be used in any manner in litigation nor relied upon by any expert appointed by the court or retained by any party.
(750 ILCS 5/608) (from Ch.
506) Sec.
506.
Representation of child.
(a) Duties.
In any proceedings involving the support, custody, visitation, 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, and subject to the terms or specifications the court determines, 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.
as an attorney to represent the child;
(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 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.
as a guardian ad litem to address issues the court delineates;
(3) Child representative.
The child representative shall as a child’s representative whose duty shall be to HB0360 Enrolled - 2 - LRB094 02474 LCB 32475 b 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 child’s representative shall have the same power and authority and obligation to participate take part in the conduct of the litigation as does an attorney for a party and shall possess all the powers of investigation and recommendation as does a guardian ad litem.
The child child’s representative shall consider, but not be bound by, the expressed wishes of the child.
A child child’s 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 child’s representative has been appointed.
The child child’s representative shall not disclose confidential communications made by the child, except as required by law or by the Rules of Professional Conduct.
The child child’s 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 regarding the issues set forth in this subsection.
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 HB0360 Enrolled - 3 - LRB094 02474 LCB 32475 b subdivision subdivisions (a)(1), (a)(2), or (a)(3) on the court’s its 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.
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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, and thereafter as necessary.
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 Such orders 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 Illinois Department of Public Aid 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 HB0360 Enrolled - 4 - LRB094 02474 LCB 32475 b child’s 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.
91-410, eff.
1-1-00;
92-590, eff.
7-1-02.) (750 ILCS 5/608) (from Ch.
40, par.
(b) If both parents or all contestants agree to the order, or if the court finds that in the absence of agreement the child’s physical health would be endangered or his emotional development significantly impaired, the court may order the Department of Children and Family Services to exercise HB0360 Engrossed - 2 - LRB094 02474 LCB 32475 b continuing supervision over the case to assure that the custodial or visitation terms of the judgment are carried out.
(b) If both parents or all contestants agree to the order, or if the court finds that in the absence of agreement the child’s physical health would be endangered or his emotional development significantly impaired, the court may order the Department of Children and Family Services to exercise continuing supervision over the case to assure that the custodial or visitation terms of the judgment are carried out.
or (3) the court finds that one or both of the parties have violated the joint parenting agreement with regard to conduct affecting or in the presence of the child.
or HB0360 Enrolled - 5 - LRB094 02474 LCB 32475 b (3) the court finds that one or both of the parties have violated the joint parenting agreement with regard to conduct affecting or in the presence of the child.
(f) All counseling sessions shall be confidential.
The communications in counseling shall not be used in any manner in litigation nor relied upon by any expert appointed by the court or retained by any party.
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Action History

  1. Public Act . . . . . . . . . 94-0640

  2. Effective Date January 1, 2006

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Committee Amendment No. 1 House Concurs 114-000-000

  7. Senate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 003-002-000

  8. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

  9. Senate Committee Amendment No. 1 Motion Filed Concur Rep. Chapin Rose

  10. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  11. Arrived in House

  12. Third Reading - Passed; 058-000-000

  13. Placed on Calendar Order of 3rd Reading May 17, 2005

  14. Second Reading

  15. Placed on Calendar Order of 2nd Reading May 10, 2005

  16. Do Pass as Amended Judiciary; 009-000-000

  17. Senate Committee Amendment No. 1 Adopted

  18. Senate Committee Amendment No. 1 Rules Refers to Judiciary

  19. Senate Committee Amendment No. 1 Referred to Rules

  20. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Richard J. Winkel, Jr.

  21. Assigned to Judiciary

  22. Referred to Rules

  23. First Reading

  24. Chief Senate Sponsor Sen. Richard J. Winkel, Jr.

  25. Placed on Calendar Order of First Reading April 13, 2005

  26. Arrive in Senate

  27. House Floor Amendment No. 3 Tabled Pursuant to Rule 40(a)

  28. Third Reading - Short Debate - Passed 116-000-000

  29. Placed on Calendar Order of 3rd Reading - Short Debate

  30. House Floor Amendment No. 4 Adopted by Voice Vote

  31. Held on Calendar Order of Second Reading - Short Debate

  32. Second Reading - Short Debate

  33. House Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 004-000-000

  34. House Floor Amendment No. 4 Referred to Rules Committee

  35. House Floor Amendment No. 4 Filed with Clerk by Rep. Chapin Rose

  36. House Floor Amendment No. 3 Referred to Rules Committee

  37. House Floor Amendment No. 3 Filed with Clerk by Rep. Chapin Rose

  38. Placed on Calendar 2nd Reading - Short Debate

  39. Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 014-000-000

  40. House Committee Amendment No. 2 Adopted in Judiciary I - Civil Law Committee; by Voice Vote

  41. House Committee Amendment No. 2 Filed with Clerk by Judiciary I - Civil Law Committee

  42. Remains in Judiciary I - Civil Law Committee

  43. House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote

  44. House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee

  45. Added Chief Co-Sponsor Rep. Sandra M. Pihos

  46. Added Chief Co-Sponsor Rep. Lou Lang

  47. Assigned to Judiciary I - Civil Law Committee

  48. Referred to Rules Committee

  49. First Reading

  50. Added Chief Co-Sponsor Rep. Sidney H. Mathias

  51. Filed with the Clerk by Rep. Chapin Rose

Sponsors

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 114 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 103003
Democrat 8001
Republican 3000
Total 114004
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Acevedo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Millner — Yea
Coulson — Yea
Dunkin — Not Voting
Mulligan — Yea
Holbrook — Yea
Nekritz — Yea
Jefferson — Yea
Jenisch — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
Bailey — Yea
Mathias — Yea
Lyons, Eileen — Yea
Mautino — Yea
May — Yea
Reitz — Yea
Lyons, Joseph — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Dugan — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Krause — Yea
Madigan — Yea
McKeon — Not Voting
Moffitt — Yea
Howard — Yea
Molaro — Yea
Munson — Yea
Myers — Yea
Osmond — Yea
Watson — Yea
Jones — Yea
Phelps — Yea
Tenhouse — Yea
Davis, Monique — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Not Voting
Chavez — Yea
Churchill — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Hassert — Yea
Hultgren — Yea
Jakobsson — Yea
Kosel — Yea
Osterman — Yea
Parke — Yea
Patterson — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Not Voting
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 5000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Silverstein — Yea
Lauzen — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Dillard — Yea
Garrett — Yea
Halvorson — Yea
Link — Yea
Maloney — Yea
Meeks — Yea
Pankau — Yea
Peterson — Yea
Radogno — Yea
Munoz — Yea
Schoenberg — Yea
Brady — Yea
Shadid — Yea
Sieben — Yea
Sullivan, D. — Yea
Trotter — Yea
Sullivan, J. — Yea
Petka — Yea
Viverito — Yea
Wilhelmi — Yea
Jacobs — Yea
Winkel — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Wojcik — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Forby — Yea
Haine — Yea
Hendon — Yea
Geo-Karis — Not Voting
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 116 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 104002
Democrat 9000
Republican 3000
Total 116002
% of votes cast 98%0%0%2%
How each member voted (118)
Member Party Vote
Sacia — Yea
Schock — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
Lang — Yea
Madigan — Not Voting
Acevedo — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Coulson — Yea
Mulligan — Yea
Giles — Yea
Granberg — Yea
Nekritz — Yea
Jakobsson — Yea
Jefferson — Yea
Jenisch — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
Pihos — Yea
Poe — Yea
Bailey — Yea
Lyons, Eileen — Yea
Reitz — Yea
Lyons, Joseph — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Krause — Yea
Davis, Monique — Yea
McKeon — Not Voting
Phelps — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
Millner — Yea
McGuire — Yea
Moffitt — Yea
Molaro — Yea
Munson — Yea
Bradley, John — Yea
Myers — Yea
Bradley, Richard — Yea
Osmond — Yea
Brady — Yea
Saviano — Yea
Schmitz — Yea
Tenhouse — Yea
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Howard — Yea
Yarbrough — Yea
Younge — Yea
Watson — Yea
Jones — Yea
Chavez — Yea
Churchill — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Gordon — Yea
Graham — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Hultgren — Yea
Daniels — Yea
Kosel — Yea
Osterman — Yea
Parke — Yea
Patterson — Yea
Pritchard — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 360 do?
Amends the Illinois Marriage and Dissolution of Marriage Act. Requires the court to determine whether counseling is appropriate for a child who is involved in a custody proceeding. Authorizes the court to order counseling and apportion the cost between the parties.
Who sponsors HB 360?
HB 360 is sponsored by Chapin Rose (Republican).
What is the current status of HB 360?
This bill has been enacted into law. Introduced January 21, 2005. Enacted.
Where can I track HB 360?
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