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IL HB1609

Bill

Status

Failed

1/8/2013

Primary Sponsor

Linda LaVia

Click for details

Origin

House of Representatives

97th General Assembly

AI Summary

  • Amends the Illinois Marriage and Dissolution of Marriage Act to add penalties for false allegations of child abuse in custody proceedings.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Rules3/17/2011
Judiciary I - Civil Law2/22/2011
Rules2/15/2011

Full Bill Text

No bill text available