Section 750 ILCS 5/604.10 - Interviews; evaluations; investigation(a) Court's interview of child. The court may interview the child in chambers to ascertain the child's wishes as to the allocation of parental responsibilities. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The entire interview shall be recorded by a court reporter. The transcript of the interview shall be filed under seal and released only upon order of the court. (b) Court's professional. The court may seek the advice of any professional, whether or not regularly employed by the court, to assist the court in determining the child's best interests. The advice to the court shall be in writing and sent by the professional to counsel for the parties and to the court not later than 60 days before the date on which the trial court reasonably anticipates the hearing on the allocation of parental responsibilities will commence. The court may review the writing upon receipt. The writing may be admitted into evidence without testimony from its author, unless a party objects. A professional consulted by the court shall testify as the court's witness and be subject to cross-examination. The court shall order all costs and fees of the professional to be paid by one or more of the parties, subject to reallocation in accordance with subsection (a) of Section 508. The professional's report must, at a minimum, set forth the following:
(1) a description of the procedures employed during the evaluation;(2) a report of the data collected;(4) any conclusions of the professional relating to the allocation of parental responsibilities under Sections 602.5 and 602.7;(5) any recommendations of the professional concerning the allocation of parental responsibilities or the child's relocation; and(6) an explanation of any limitations in the evaluation or any reservations of the professional regarding the resulting recommendations. (c) Evaluation by a party's retained professional. In a proceeding to allocate parental responsibilities or to relocate a child, upon notice and motion made by a parent or any party to the litigation within a reasonable time before trial, the court shall order an evaluation to assist the court in determining the child's best interests unless the court finds that an evaluation under this Section is untimely or not in the best interests of the child. The evaluation may be in place of or in addition to any advice given to the court by a professional under subsection (b). A motion for an evaluation under this subsection must, at a minimum, identify the proposed evaluator and the evaluator's specialty or discipline. An order for an evaluation under this subsection must set forth the evaluator's name, address, and telephone number and the time, place, conditions, and scope of the evaluation. No person shall be required to travel an unreasonable distance for the evaluation. The party requesting the evaluation shall pay the evaluator's fees and costs unless otherwise ordered by the court. The evaluator's report must, at a minimum, set forth the following:
(1) a description of the procedures employed during the evaluation;(2) a report of the data collected;(4) any conclusions of the evaluator relating to the allocation of parental responsibilities under Sections 602.5 and 602.7;(5) any recommendations of the evaluator concerning the allocation of parental responsibilities or the child's relocation; and(6) an explanation of any limitations in the evaluation or any reservations of the evaluator regarding the resulting recommendations. A party who retains a professional to conduct an evaluation under this subsection shall cause the evaluator's written report to be sent to the attorneys of record no less than 60 days before the hearing on the allocation of parental responsibilities, unless otherwise ordered by the court; if a party fails to comply with this provision, the court may not admit the evaluator's report into evidence and may not allow the evaluator to testify.
The party calling an evaluator to testify at trial shall disclose the evaluator as a controlled expert witness in accordance with the Supreme Court Rules.
Any party to the litigation may call the evaluator as a witness. That party shall pay the evaluator's fees and costs for testifying, unless otherwise ordered by the court.
(d) Investigation. Upon notice and a motion by a parent or any party to the litigation, or upon the court's own motion, the court may order an investigation and report to assist the court in allocating parental responsibilities. The investigation may be made by any agency, private entity, or individual deemed appropriate by the court. The agency, private entity, or individual appointed by the court must have expertise in the area of allocation of parental responsibilities. The court shall specify the purpose and scope of the investigation. The investigator's report must, at a minimum, set forth the following:
(1) a description of the procedures employed during the investigation;(2) a report of the data collected;(4) any conclusions of the investigator relating to the allocation of parental responsibilities under Sections 602.5 and 602.7;(5) any recommendations of the investigator concerning the allocation of parental responsibilities or the child's relocation; and(6) an explanation of any limitations in the investigation or any reservations of the investigator regarding the resulting recommendations.The investigator shall send his or her report to all attorneys of record, and to any party not represented, at least 60 days before the hearing on the allocation of parental responsibilities. The court shall examine and consider the investigator's report only after it has been admitted into evidence or after the parties have waived their right to cross-examine the investigator.
The investigator shall make available to all attorneys of record, and to any party not represented, the investigator's file, and the names and addresses of all persons whom the investigator has consulted, except that if such disclosure would risk abuse to the party or any member of the party's immediate family or household or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from the report. Any party to the proceeding may call the investigator, or any person consulted by the investigator as a court's witness, for cross-examination. No fees shall be paid for any investigation by a governmental agency. The fees incurred by any other investigator shall be allocated in accordance with Section 508.
Amended by P.A. 099-0763,§ 5, eff. 1/1/2017.Added by P.A. 099-0090,§ 5-15, eff. 1/1/2016.