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IL HB5544

Bill

Status

Failed

1/8/2013

Primary Sponsor

Jil Tracy

Click for details

Origin

House of Representatives

97th General Assembly

AI Summary

HB5544 Summary

  • Amends Section 506 of the Illinois Marriage and Dissolution of Marriage Act to clarify the roles and procedures for attorneys, guardians ad litem, and child representatives appointed in child-related proceedings involving support, custody, visitation, education, parentage, property interests, or general welfare.

  • Guardian ad litem must file an appearance, provide written reports or testimony based on the child's best interests, may be deposed up to 30 days before trial, and may testify as an opinion witness subject to cross-examination and potential early discharge from trial.

  • Child representative advocates for the child's best interests without rendering opinions or serving as a witness, instead providing a pre-trial memorandum disclosing their position for settlement conference consideration only.

  • Requires courts to set reasonable fees at the appointment's outset based on financial circumstances and prevailing community rates, with parents presumed jointly and severally liable; prohibits lump-sum fees and requires detailed invoices every 90 days with parties given opportunity to be heard on fees.

  • Allows one substitution of appointed attorney, guardian ad litem, or child representative if requested in writing within 7 days of appointment; clarifies that appointed individuals are not surrogate judges and do not abrogate the court's decision-making authority.

Legislative Description

DISSOLUTION-CHILD REPRESENT

Last Action

Session Sine Die

1/8/2013

Committee Referrals

Rules3/30/2012
Judiciary I - Civil Law2/22/2012
Rules2/15/2012

Full Bill Text

No bill text available