GRANDPARENT VISITATION House SponsorsRep. Patricia Reid Lindner-Lovana Jones-Patricia R. Bellock-Sara Feigenholtz-Linda Chapa LaVia, Suzanne Bassi, Jack D. Franks and Paul D. Froehlich Senate Sponsors(Sen. John J. Cullerton, Cheryl Axley-Kwame Raoul and Mike Jacobs) 7/14/2006HousePublic Act . . . . . . . . . 94-1026 750 ILCS 5/607from Ch. 40, par. 607 Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that grandparents, great-grandparents, and siblings of a minor child may petition the court for visitation, provided that the petition must be filed in the county in which the child resides. Provides that a petition may be filed when the custodial parent denies visitation and the other parent is dead, missing for 3 months or more, incompetent, or incarcerated for 3 months preceding the filing of a petition. Provides that any visitation granted under this Section ends by operation of law if the child is adopted however, if one natural parent is dead and the surviving spouse remarries, a subsequent adoption will not terminate visitation granted by a court to parents of the deceased parent. Provides that a petitioner who seeks to overcome the presumption that a parent's actions regarding visitation by the grandparent, great-grandparent, or sibling are not harmful to the child's health may do so by proof that the child had a significant relationship with the petitioner that, once lost, will cause harm to the child or the petitioner was the primary caregiver of the child. Describes significant existing relationship with a grandchild. A grandparent is not required to present expert testimony to prove the existence of a significant existing relationship between the child and the grandparent. The court may apply a reasonable person standard to determine whether there is a significant relationship between the child and the grandparent, or that the loss of the relationship between the child and the grandparent is likely to cause severe emotional harm to the child. Provides that a child's parent may always file a petition to modify visitation upon changed circumstances. Deletes provision that grandparent visitation subsection does not apply to a child who is the subject of a pending juvenile court case. Deletes provision that bars any petition for visitation after adoption.House Amendment No. 1 Adds reference to:750 ILCS 5/607from Ch. 40, par. 607Deletes everything after the enacting clause. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a grandparent, great-grandparent, or sibling of a minor child petitions for visitation, the petition must be filed in the county where the child resides. Defines "sibling" in this Section as a brother, sister, stepbrother, or stepsister of the minor child. Adds that a petition may be filed by a grandparent, great-grandparent, or sibling when the custodial parent denies visitation and (i) the other parent is dead, missing for 3 months or more, incompetent, or incarcerated for 3 months (now, sentenced to a year or more of imprisonment) preceding the filing of a petition or (ii) there is a pending dissolution proceeding involving a parent of the child or there is any other court proceeding involving the custody or visitation of the child. Allows a grandparent, who is the parent of a person whose parental rights have been terminated, to petition for visitation, even in cases of adoption (now, except in a case of adoption). Provides that any grandparent, great-grandparent, or sibling visitation ends by operation of law if the child is adopted by other than a blood relative. Provides that if a blood relative adopts the child or if one natural parent is dead and the surviving spouse remarries, a subsequent adoption will not terminate visitation granted by a court to parents of the deceased natural parent, unless to do so is in the best interest of the child. Provides that a petitioner, who seeks to overcome the presumption that a fit parent's decisions regarding visitation by a grandparent, great-grandparent, or sibling are not harmful to the child's health, may do so by proof that the child had a significant relationship with the petitioner that, once lost, will cause harm to the child or that the petitioner was the primary caregiver of the child. A grandparent, great-grandparent, or sibling is not required to present expert testimony to prove that he or she has a significant existing relationship with the child. The court shall apply a "reasonable person" standard to determine if the petitioner has a significant relationship with the child or if the loss of the relationship between the child and the grandparent, great-grandparent, or sibling is likely to cause severe emotional harm to the child. Provides that a child's parent may always petition to modify visitation upon changed circumstances, to promote the child's best interest. Deletes provision that bars any petition for visitation after adoption. Deletes provisions that provide for modification of visitation by a grandparent, great-grandparent, or sibling based upon the child's best interest.Senate Floor Amendment No. 3 Deletes everything after the enacting clause and re-inserts provisions similar to those of the engrossed bill with numerous changes regarding: the standing of grandparents, great-grandparents, and siblings to petition for visitation; inapplicability of various visitation provisions to a child in whose interests a petition to adopt an unrelated child is pending under the Adoption Act; lack of standing of a parent, grandparent, great-grandparent, child, or sibling of a parent whose parental rights have been terminated through an adoption proceeding to petition for visitation rights; grandparent visitation when a court has terminated a parent-child relationship; a parent who lost parental rights visiting with the child during grandparent, great-grandparent, or sibling visitation; automatic termination of any visitation rights when parental rights are terminated or when an adoption is granted; the factors the court shall consider in determining whether to grant visitation, specifically whether the grandparent, great-grandparent, or sibling was a primary caretaker for at least 6 consecutive months; and other matters. 1/3/2006HouseFiled with the Clerk by Rep. Patricia Reid Lindner 1/4/2006HouseFirst Reading 1/4/2006HouseReferred to Rules Committee 1/10/2006HouseAssigned to Judiciary I - Civil Law Committee 1/24/2006HouseAdded Chief Co-Sponsor Rep. Lovana Jones 1/24/2006HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock 2/8/2006HouseHouse Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee 2/8/2006HouseHouse Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote 2/8/2006HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 009-001-004 2/8/2006HousePlaced on Calendar 2nd Reading - Short Debate 2/9/2006HouseSecond Reading - Short Debate 2/9/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate 2/9/2006HouseAdded Chief Co-Sponsor Rep. Sara Feigenholtz 2/15/2006HouseAdded Chief Co-Sponsor Rep. Paul D. Froehlich 2/15/2006HouseAdded Co-Sponsor Rep. Suzanne Bassi 2/15/2006HouseAdded Co-Sponsor Rep. Jack D. Franks 2/15/2006HouseAdded Co-Sponsor Rep. Linda Chapa LaVia 2/15/2006HouseThird Reading - Short Debate - Passed 112-000-000 2/16/2006SenateArrive in Senate 2/16/2006SenatePlaced on Calendar Order of First Reading February 22, 2006 2/16/2006SenateChief Senate Sponsor Sen. John J. Cullerton 2/22/2006SenateFirst Reading 2/22/2006SenateReferred to Rules 3/1/2006SenateAssigned to Judiciary 3/8/2006SenatePostponed - Judiciary 3/8/2006SenateAdded as Alternate Co-Sponsor Sen. Cheryl Axley 3/15/2006SenateHeld in Judiciary 3/24/2006SenateDo Pass Judiciary; 009-000-000 3/24/2006SenatePlaced on Calendar Order of 2nd Reading March 27, 2006 3/27/2006SenateSecond Reading 3/27/2006SenatePlaced on Calendar Order of 3rd Reading March 28, 2006 3/28/2006SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton 3/28/2006SenateSenate Floor Amendment No. 1 Referred to Rules 3/29/2006SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton 3/29/2006SenateSenate Floor Amendment No. 2 Referred to Rules 3/29/2006SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary 3/29/2006SenateSenate Floor Amendment No. 1 Held in Judiciary 3/30/2006SenateRule 2-10 Third Reading Deadline Extended to January 9, 2007 4/5/2006SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. John J. Cullerton 4/5/2006SenateSenate Floor Amendment No. 3 Referred to Rules 4/5/2006SenateSenate Floor Amendment No. 3 Rules Refers to Judiciary 4/5/2006SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 010-000-000 4/5/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul 4/5/2006SenateAdded as Alternate Co-Sponsor Sen. Mike Jacobs 4/5/2006SenateRecalled to Second Reading 4/5/2006SenateSenate Floor Amendment No. 3 Adopted; Cullerton 4/5/2006SenatePlaced on Calendar Order of 3rd Reading 4/5/2006SenateThird Reading - Passed; 059-000-000 4/5/2006SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a) 4/5/2006SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a) 4/6/2006HouseArrived in House 4/6/2006HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 3 4/7/2006HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Patricia Reid Lindner 4/7/2006HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee 4/10/2006HouseSenate Floor Amendment No. 3 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee 4/12/2006HouseSenate Floor Amendment No. 3 Motion to Concur Recommends be Adopted Judiciary I - Civil Law Committee; 011-000-000 4/19/2006HouseSenate Floor Amendment No. 3 House Concurs 098-000-000 4/19/2006HousePassed Both Houses 4/19/2006HouseRemove Chief Co-Sponsor Rep. Paul D. Froehlich 4/19/2006HouseAdded Co-Sponsor Rep. Paul D. Froehlich 4/19/2006HouseAdded Chief Co-Sponsor Rep. Linda Chapa LaVia 4/19/2006HouseRemoved Co-Sponsor Rep. Linda Chapa LaVia 5/18/2006HouseSent to the Governor 7/14/2006HouseGovernor Approved 7/14/2006HouseEffective Date January 1, 2007 7/14/2006HousePublic Act . . . . . . . . . 94-1026