HB 3481

Abstract

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that in a case involving a minor child, the court may appoint, only for good cause shown, (instead of appoint) an individual (instead of an attorney) to serve as independent legal counsel for the child or as guardian ad litem. Provides that the guardian ad litem shall testify and (instead of or) submit a written report, which shall be made available before trial, to the court regarding his or her recommendations. Provides that the guardian ad litem shall not communicate with any expert witness or court appointee. Provides that the guardian ad litem shall not file any pleading in the case and shall not attend court hearings unless he or she is expected to testify by the court and all parties. Provides that a child representative shall be an attorney and shall not communicate ex-parte with any expert witness or court appointee. Provides that the court shall enter an order as appropriate for costs, fees, and disbursements when the attorney for the child or the guardian ad litem (instead of attorney, guardian ad litem, or child's representative) is appointed. Provides that the failure to timely submit the required detailed invoice (which may not include a fee for the preparation of the invoice) shall preclude the collection of that invoice. Provides that a guardian ad litem or child representative may be paid at a reasonable rate not to exceed $150 per hour, subject to an annual consumer price index adjustment. Deletes provision prohibiting the court from ordering payment by the Department of Healthcare and Family Services in cases in which the Department is providing child support enforcement services. Deletes provision that states that unless otherwise ordered by the court at the time that the fees and costs are approved, all fees and costs payable to an attorney, guardian ad litem, or child representative under this Section are by implication deemed to be in the nature of support of the child and are within the exceptions to discharge in bankruptcy. Makes other changes.