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IL HB1609
Bill
Status
1/8/2013
Primary Sponsor
Linda LaVia
Click for details
AI Summary
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Amends the Illinois Marriage and Dissolution of Marriage Act to add penalties for false allegations of child abuse in custody proceedings.
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A false allegation that a child is abused or neglected operates as an absolute bar to the accusing parent's right to make decisions regarding the child's upbringing, including education, religious training, and medical treatment.
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Defines "false allegation" as one known to be false or that a reasonable person should have known to be false, including Department of Children and Family Services findings of "not substantiated" abuse or dispositions under lower standards of evidence.
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Failure to report alleged abuse contemporaneously to law enforcement or the Department of Children and Family Services constitutes conclusive evidence that the allegation is false.
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A parent barred from making decisions retains reasonable parenting time with the child, but a second false allegation by the same parent results in permanent loss of parenting time in addition to previous sanctions.
Legislative Description
CUSTODY-FALSE ACCUSE-SANCTION
Last Action
Session Sine Die
1/8/2013