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| 1 | AN ACT concerning children.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Bill of Rights for Children is amended by | ||||||
| 5 | changing Section 2 and by adding Section 3.5 as follows:
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| 6 | (725 ILCS 115/2) (from Ch. 38, par. 1352)
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| 7 | Sec. 2. Purposes. The purpose of this Act is to ensure the | ||||||
| 8 | fair and
compassionate treatment of children involved in the | ||||||
| 9 | criminal justice system
and involved in juvenile court | ||||||
| 10 | proceedings concerning their abuse, neglect, or dependency by | ||||||
| 11 | affording certain basic rights and considerations to these | ||||||
| 12 | children.
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| 13 | (Source: P.A. 86-862.)
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| 14 | (725 ILCS 115/3.5 new) | ||||||
| 15 | Sec. 3.5. Abuse, neglect, and dependency cases; right to | ||||||
| 16 | guardian ad litem. If a petition is filed under Article II of | ||||||
| 17 | the Juvenile Court Act of 1987 alleging that a minor is an | ||||||
| 18 | abused, neglected, or dependent minor, the person filing the | ||||||
| 19 | petition shall inform the minor, if capable of understanding, | ||||||
| 20 | and his or her parents or custodian that the court will appoint | ||||||
| 21 | a guardian ad litem to protect the minor's interests if the | ||||||
| 22 | minor is alleged to be an abused or neglected child or is | ||||||
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| 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 | ||||||
| 3 | the alleged victim of the acts of the defendant in the | ||||||
| 4 | commission of such offense. The person filing the petition | ||||||
| 5 | shall inform the minor, if capable of understanding, and his or | ||||||
| 6 | her parents or custodian, that the court may appoint a guardian | ||||||
| 7 | ad litem if there may be a conflict of interest between the | ||||||
| 8 | minor and his or her parents or other custodian or that it is | ||||||
| 9 | in the minor's best interest that such guardian ad litem be | ||||||
| 10 | appointed.
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| 11 | Section 10. The Rights of Crime Victims and Witnesses Act | ||||||
| 12 | is amended by adding Section 6.5 as follows: | ||||||
| 13 | (725 ILCS 120/6.5 new) | ||||||
| 14 | Sec. 6.5. Minors under 18 years of age; guardian ad litem. | ||||||
| 15 | In any case in which a minor under 18 years of age is the | ||||||
| 16 | alleged victim or witness of a violent crime, the court may | ||||||
| 17 | appoint a guardian ad litem for the minor if the court finds | ||||||
| 18 | that there is a conflict between the minor and his or her | ||||||
| 19 | parent, guardian, or other custodian or that it is otherwise in | ||||||
| 20 | the minor's best interest that a guardian ad litem be | ||||||
| 21 | appointed. Unless the guardian ad litem is an attorney, the | ||||||
| 22 | guardian shall be represented in the performance of his or her | ||||||
| 23 | duties by counsel.
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