98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3287

 

Introduced , by Rep. Dan Brady

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/2-17  from Ch. 37, par. 802-17
750 ILCS 5/601.5

    Amends the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services shall develop and distribute to all guardians ad litem a bibliography containing information on parental alienation behaviors. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that the training for guardians ad litem shall include a component on the dynamics of parental alienation behaviors and its effect on parents and children.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning guardians ad litem.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 2-17 as follows:
 
6    (705 ILCS 405/2-17)  (from Ch. 37, par. 802-17)
7    Sec. 2-17. Guardian ad litem.
8    (1) Immediately upon the filing of a petition alleging that
9the minor is a person described in Sections 2-3 or 2-4 of this
10Article, the court shall appoint a guardian ad litem for the
11minor if:
12        (a) such petition alleges that the minor is an abused
13    or neglected child; or
14        (b) such petition alleges that charges alleging the
15    commission of any of the sex offenses defined in Article 11
16    or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
17    11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
18    Criminal Code of 1961 or the Criminal Code of 2012, have
19    been filed against a defendant in any court and that such
20    minor is the alleged victim of the acts of defendant in the
21    commission of such offense.
22    Unless the guardian ad litem appointed pursuant to this
23paragraph (1) is an attorney at law he shall be represented in

 

 

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1the performance of his duties by counsel. The guardian ad litem
2shall represent the best interests of the minor and shall
3present recommendations to the court consistent with that duty.
4    (2) Before proceeding with the hearing, the court shall
5appoint a guardian ad litem for the minor if
6        (a) no parent, guardian, custodian or relative of the
7    minor appears at the first or any subsequent hearing of the
8    case;
9        (b) the petition prays for the appointment of a
10    guardian with power to consent to adoption; or
11        (c) the petition for which the minor is before the
12    court resulted from a report made pursuant to the Abused
13    and Neglected Child Reporting Act.
14    (3) The court may appoint a guardian ad litem for the minor
15whenever it finds that there may be a conflict of interest
16between the minor and his parents or other custodian or that it
17is otherwise in the minor's best interest to do so.
18    (4) Unless the guardian ad litem is an attorney, he shall
19be represented by counsel.
20    (5) The reasonable fees of a guardian ad litem appointed
21under this Section shall be fixed by the court and charged to
22the parents of the minor, to the extent they are able to pay.
23If the parents are unable to pay those fees, they shall be paid
24from the general fund of the county.
25    (6) A guardian ad litem appointed under this Section, shall
26receive copies of any and all classified reports of child abuse

 

 

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1and neglect made under the Abused and Neglected Child Reporting
2Act in which the minor who is the subject of a report under the
3Abused and Neglected Child Reporting Act, is also the minor for
4whom the guardian ad litem is appointed under this Section.
5    (7) The appointed guardian ad litem shall remain the
6child's guardian ad litem throughout the entire juvenile trial
7court proceedings, including permanency hearings and
8termination of parental rights proceedings, unless there is a
9substitution entered by order of the court.
10    (8) The guardian ad litem or an agent of the guardian ad
11litem shall have a minimum of one in-person contact with the
12minor and one contact with one of the current foster parents or
13caregivers prior to the adjudicatory hearing, and at least one
14additional in-person contact with the child and one contact
15with one of the current foster parents or caregivers after the
16adjudicatory hearing but prior to the first permanency hearing
17and one additional in-person contact with the child and one
18contact with one of the current foster parents or caregivers
19each subsequent year. For good cause shown, the judge may
20excuse face-to-face interviews required in this subsection.
21    (9) In counties with a population of 100,000 or more but
22less than 3,000,000, each guardian ad litem must successfully
23complete a training program approved by the Department of
24Children and Family Services. The Department of Children and
25Family Services shall provide training materials and documents
26to guardians ad litem who are not mandated to attend the

 

 

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1training program. The Department of Children and Family
2Services shall develop and distribute to all guardians ad litem
3a bibliography containing information including but not
4limited to the juvenile court process, termination of parental
5rights, child development, medical aspects of child abuse,
6parental alienation behaviors, and the child's need for safety
7and permanence.
8(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
9    Section 10. The Illinois Marriage and Dissolution of
10Marriage Act is amended by changing Section 601.5 as follows:
 
11    (750 ILCS 5/601.5)
12    Sec. 601.5. Training. The chief circuit judge or designated
13presiding judge may approve 3 hours of training for guardians
14ad litem appointed under Section 601 of this Act, professional
15personnel appointed under Section 604 of this Act, evaluators
16appointed under Section 604.5 of this Act, and investigators
17appointed under Section 605 of this Act. This training shall
18include a component on the dynamics of domestic violence and
19parental alienation behaviors and their its effect on parents
20and children.
21(Source: P.A. 94-377, eff. 7-29-05; 95-331, eff. 8-21-07.)