ISBA Statehouse Review for the week of Jan. 31
ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers IMDMA and temporary relief (House Bill 1004), Integrative Family Therapy (House Bill 1018), Family law and false allegations of child abuse or neglect (House Bill 1019), Child support and payor’s fee (House Bill 1041), Income-withholding notices (Senate Bill 1169) and Uniform Collaborative Law (House Bill 1029). More information on the bill is available below the video.
IMDMA and temporary relief. House Bill 1004 (Pritchard, R-DeKalb) allows party to request and the court to grant temporary relief that includes the following: (1) require a party to surrender to the court or the petitioner's attorney any United States or foreign passport issued in the name of a child; (2) require a party to place the name of a child in the Children's Passport Issuance Alert Program of the United States Department of State; or (3) enjoin a party from applying on behalf of a child for a new or replacement passport or visa. Recently introduced.
Integrative Family Therapy. House Bill 1018 (Zalewski, D-Chicago) authorizes a trial court to order the parties and the minor children to participate in “integrative family therapy” in a dissolution proceeding or post-judgment proceeding involving children. The trigger for the judge is the presence of substantial and ongoing conflict about custody or visitation putting the children at risk to develop a pathological condition or conditions such as depression, anxiety, and personality disorder. Recently introduced.
Family law and false allegations of child abuse or neglect. House Bill 1019 (Zalewski, D-Chicago) allows the court to request that the Department of Children and Family Services or a local law enforcement agency conduct an investigation if there is an allegation of child abuse or neglect made during a custody or visitation proceeding. If the investigating agency finds that the allegation is unfounded, it requires the court to hold a hearing on the issue. If the court determines that the allegation was false and the person who made the allegation knew it to be false, the court may impose monetary sanctions and hold that person in contempt of court. Requires written notice of the new provisions to parties in all proceedings in which custody or visitation is in issue. Just introduced.
Child support and payor’s fee. House Bill 1041 (Tyron, R-Crystal Lake) deletes current statutory language that allows the payor a fee not to exceed $5 per month to be taken from the obligor’s income for the payor’s services in withholding child support. Just introduced.
Income-withholding notices. Senate Bill 1169 (McGuire, D-Joliet) removes current language providing that an income-withholding notice must include the date that withholding for current support terminates. This date is the date of termination of the current-support obligation set forth in the order for support. Just introduced.
Uniform Collaborative Law. House Bill 1029 (Gabel, D-Evanston) creates the Uniform Collaborative Law Act for family law cases that is a form of alternative-dispute resolution. Contains provisions concerning the requirements of collaborative law agreements; the beginning and conclusion of the collaborative law process; proceedings before a tribunal; disqualification of collaborative lawyers; disclosure of information; standards of professional responsibility and mandatory reporting; procedures for protecting parties from violent or coercive behavior; confidentiality; privileges; and the authority of a tribunal if a collaborative agreement does not meet the requirements of the Act. Just introduced. Same bill as Senate Bill 31 (Noland, D-Elgin).