HB 4220 — DISSOL-VIRTUAL CHILD VISITATON

*LRB09515333AJO41321b* HB4220 95THEngrossed GENERALLRB095 ASSEMBLY15333 StateAJO of41321 Illinoisb andAN 2008ACT HB4220concerning bycivil Rep.law.

Ruth Munson SYNOPSIS AS INTRODUCED:

ILCS 5/607 from Ch.

40, par.

607 ILCS 5/609 from Ch.

40, par.

609 Amends the Illinois Marriage and Dissolution of Marriage Act.

Provides for reasonable visitation between a child and a non-custodial parent through electronic communication such as telephone, e-mail, instant messaging, and other modes of electronic communication.

Provides that the court may not use time spent in electronic communication to affect child support, custody, visitation, or removal of a child from the State.

Provides for the custodial parent to provide any new e-mail address of the child to the noncustodial parent within 24 hours of the change.

Makes other changes concerning electronic communication between a parent and a child and between a grandparent, great-grandparent, or sibling and a child.

LRB095 15333 AJO 41321 b A BILL FOR HB4220 LRB095 15333 AJO 41321 b AN ACT concerning civil law.

(2) "Electronic communication" means time that a HB4220 Engrossed - 2 - LRB095 15333 AJO 41321 b parent spends with his or her child during which the child is not in the parent’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.

(a-5)(1) Except as otherwise provided in this subsection (a-5), any grandparent, great-grandparent, or sibling may file HB4220 Engrossed - 3 - LRB095 15333 AJO 41321 b a petition for visitation rights to a minor child if there is an unreasonable denial of visitation by a parent and at least one of the following conditions exists:

HB4220 Engrossed - 4 - LRB095 15333 AJO 41321 b (C) (Blank);

The burden is on the party filing a petition under this Section to prove that the parent’s HB4220 Engrossed - 5 - LRB095 15333 AJO 41321 b actions and decisions regarding visitation times are harmful to the child’s mental, physical, or emotional health.

(J) any other fact that establishes that the loss of the relationship between the petitioner and the child is HB4220 Engrossed - 6 - LRB095 15333 AJO 41321 b likely to harm the child’s mental, physical, or emotional health;

The court shall state in its decision specific findings of fact in support of its HB4220 Engrossed - 7 - LRB095 15333 AJO 41321 b modification or termination of the grandparent, great-grandparent, or sibling visitation.

(C) the parent is deceased or is disabled and is unable HB4220 Engrossed - 8 - LRB095 15333 AJO 41321 b to care for the child;

but the court shall not restrict a parent’s visitation rights unless it finds that the visitation would endanger seriously the child’s physical, HB4220 Engrossed - 9 - LRB095 15333 AJO 41321 b mental, moral or emotional health.

HB4220 Engrossed - 10 - LRB095 15333 AJO 41321 b (2) Any order granting visitation privileges with the child to a grandparent or great-grandparent who is related to the child through the non-custodial parent shall contain the following provision:

(f) Unless the court determines, after considering all HB4220 Engrossed - 11 - LRB095 15333 AJO 41321 b relevant factors, including but not limited to those set forth in Section 602(a), that it would be in the best interests of the child to allow visitation, the court shall not enter an order providing visitation rights and pursuant to a motion to modify visitation shall revoke visitation rights previously granted to any person who would otherwise be entitled to petition for visitation rights under this Section who has been convicted of first degree murder of the parent, grandparent, great-grandparent, or sibling of the child who is the subject of the order.

(h) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.

If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House HB4220 Engrossed - 12 - LRB095 15333 AJO 41321 b and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.

Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.

For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

HB4220 - 12 - LRB095 15333 AJO 41321 b The burden of proving that such removal is in the best interests of such child or children is on the party seeking the HB4220 Engrossed - 13 - LRB095 15333 AJO 41321 b removal.

(d) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.

If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action HB4220 Engrossed - 14 - LRB095 15333 AJO 41321 b in the General Assembly’s discretion.

Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.

For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.