96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5932


 
Introduced 2/10/2010, by Rep. Emily McAsey
 
SYNOPSIS AS INTRODUCED:
 		





 


  



725 ILCS 115/2
  from Ch. 38, par. 1352



725 ILCS 115/3.5 new











     Amends the Bill of Rights for Children.  Provides that if a petition is filed under the Juvenile Court Act of 1987 alleging that a minor is an abused, neglected, or dependent minor, the person filing the petition shall inform the minor, if capable of understanding,  and his or her parents or custodian that the court will appoint a guardian ad litem to protect the minor's  interests if the minor is alleged to be an abused or neglected child or is alleged to be the victim of a sex offense and that charges have been filed against a defendant in court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense.  Provides that the person filing the petition shall inform the minor, if capable of understanding,  and his or her parents or custodian,  that the court may appoint a guardian ad litem if there may be a conflict of interest between the minor and his or her parents or other custodian or that it is in the minor's best interest that  such guardian ad litem be appointed.
  















LRB096 18377 RLC 33754 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 




  






HB5932

LRB096 18377 RLC 33754 b





  
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    AN ACT concerning children.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The Bill of Rights for Children is amended  by 
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changing Section 2 and  by adding Section 3.5 as follows:
 



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    (725 ILCS 115/2)  (from Ch. 38, par. 1352)



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    Sec. 2. Purposes. The purpose of this Act is to ensure the 
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fair and
compassionate treatment of children involved in the 
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criminal justice system
and involved in juvenile court 
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proceedings concerning their abuse, neglect, or dependency by 
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affording certain basic rights and considerations to these 
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children.

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(Source: P.A. 86-862.)

 
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    (725 ILCS 115/3.5 new)
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    Sec. 3.5. Abuse, neglect, and dependency cases; right to 
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guardian ad litem.  If a petition is filed under Article II of 
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the Juvenile Court Act of 1987 alleging that a minor is an 
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abused, neglected, or dependent minor, the person filing the 
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petition shall inform the minor, if capable of understanding,  
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and his or her parents or custodian that the court will appoint 
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a guardian ad litem to protect the minor's  interests if the 
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minor is alleged to be an abused or neglected child or is 
 


 






HB5932
- 2 -
LRB096 18377 RLC 33754 b




1
alleged to be the victim of a sex offense and that charges have 
2
been filed against a defendant in court and that such minor is 
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the alleged victim of the acts of the defendant in the 
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commission of such offense.  The person filing the petition 
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shall inform the minor, if capable of understanding,  and his or 
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her parents or custodian,  that the court may appoint a guardian 
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ad litem if there may be a conflict of interest between the 
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minor and his or her parents or other custodian or that it is 
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in the minor's best interest that  such guardian ad litem be 
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appointed.