SUPERVISED PARENTING-FAIRNESS

Illinois General Assembly - Full Text of HB5178

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HB5178 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5178

Introduced 2/10/2026, by Rep. Anne Stava

SYNOPSIS AS INTRODUCED:

New Act

Creates the Supervised Parenting Safety and Fairness Act. Makes
legislative findings. Requires that before a court may order supervised
parenting time, it must determine whether qualified supervisors are
reasonably available within the child's geographic area and shall document
the inquiry. Requires that if supervision is warranted, the court may not
order or permit unsupervised parenting time solely because no qualified
supervisor is available. Provides that if no qualified supervisor is
available, the court shall maintain the restriction on unsupervised
parenting time and order one or more statutorily authorized alternatives,
including temporary suspension of in-person parenting time, virtual
contact, therapeutic supervised contact, or other protective measures
necessary to ensure safety. Provides a rebuttable presumption of
supervised parenting time: (1) in any case in which that parent has
committed abuse against the child or the other parent based on a
preponderance of the evidence; (2) when the other parent has an active
order of protection against the parent in question which has been upheld or
extended after a hearing. Provides that evidence of abuse may not be given
weight if it appears more probable than not to be manufactured or the
product of coaching or fabricated, unless and until it can be
independently corroborated.
LRB104 20289 JRC 33740 b

A BILL FOR

HB5178
LRB104 20289 JRC 33740 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Supervised Parenting Safety and Fairness Act.

6

Section 5.
Findings and purpose.
7

(a) The General Assembly makes the following findings:
8

(1) supervised parenting time is a critical safety
9

measure when a parent poses a risk to a child or the other
10

parent;
11

(2) courts sometimes order supervision without
12

verifying the actual availability of qualified supervisors
13

resulting in unsafe defaults to unsupervised parenting
14

time;
15

(3) courts often require a safe or protective parent
16

to pay for supervision or programs necessitated solely by
17

the conduct of the other parent; and
18

(4) process and evidentiary rules should protect
19

children and protective parents from being re-victimized
20

by litigation tactics.
21

(b) The purpose of this Act is to ensure that supervision
22
is not bypassed because of a lack of available supervisors to
23
ensure that determinations of safety and conflict are made

HB5178
- 2 -
LRB104 20289 JRC 33740 b
1
using trauma-informed and evidence-based standards and to
2
protect protective parents and children from misclassification
3
and procedural misuse.

4

Section 10.
Definitions.
As used in this Act:
5

"Abuse" for the purposes of this Act, means conduct
6
including, but not limited to, domestic violence, sexual
7
violence, limitation of freedom, coercive control, imposed
8
isolation, psychological or emotional abuse, stalking or
9
harassment, or persistent and vexatious misuse of court or
10
legal procedure to continue abuse after separation.
11

"Qualified supervisor" means a court-approved individual
12
or program meeting established standards for supervised
13
parenting time.
14

"Supervised parenting time" means parenting time conducted
15
in the presence of a qualified supervisor.
16

"Court-appointed officers" means guardians ad litem,
17
parenting coordinators, court evaluators, and other persons
18
appointed by the court to assess parenting, safety, or risk
19
and to advocate for the best interests of the child.

20

Section 15.
Verification of supervisor availability.
21

(a) Before ordering supervised parenting time, the court
22
must determine whether qualified supervisors are reasonably
23
available within the child's geographic area and document the
24
inquiry.

HB5178
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LRB104 20289 JRC 33740 b
1

(b) If supervision is warranted, the court may not order
2
or permit unsupervised parenting time solely because no
3
qualified supervisor is available.
4

(c) If no qualified supervisor is available, the court
5
must maintain the restriction on unsupervised parenting time
6
and order one or more statutorily authorized alternatives,
7
including temporary suspension of in-person parenting time,
8
virtual contact, therapeutic supervised contact, or other
9
protective measures necessary to ensure safety.

10

Section 20.
Necessity of supervision.
11

(a) There is a rebuttable presumption of supervised
12
parenting time:
13

(1) in any case in which that parent has committed
14

abuse against the child or the other parent based on a
15

preponderance of the evidence;
16

(2) if the other parent has an active order of
17

protection against the parent that has been upheld or
18

extended after a hearing.
19

(b) Nothing in this Section may be interpreted to prohibit
20
a court from deeming supervision to be necessary in other
21
circumstances.
22

(c) Evidence of abuse may not be given weight if it appears
23
more probable than not to be manufactured or the product of
24
coaching or fabricated, unless it can be independently
25
corroborated.

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