Illinois General Assembly - Full Text of HB3277
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Full Text of HB3277  102nd General Assembly

HB3277ham001 102ND GENERAL ASSEMBLY

Rep. Terra Costa Howard

Filed: 4/14/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3277

2    AMENDMENT NO. ______. Amend House Bill 3277 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 2-17.1 as follows:
 
6    (705 ILCS 405/2-17.1)
7    Sec. 2-17.1. Court appointed special advocate.
8    (1) The court shall may appoint a special advocate upon
9the filing of a petition under this Article or at any time
10during the pendency of a proceeding under this Article if
11special advocates are available. The Except in counties with a
12population over 3,000,000, the court appointed special
13advocate may also serve as guardian ad litem by appointment of
14the court under Section 2-17 of this Act.
15    (1.2) In counties of populations over 3,000,000 the court
16may appoint a special advocate upon the filing of a petition

 

 

10200HB3277ham001- 2 -LRB102 03958 KMF 24504 a

1under this Article or at any time during the pendency of a
2proceeding under this Article. No special advocate shall act
3as guardian ad litem in counties of populations over
43,000,000.
5    (1.5) "Court appointed special advocate" means a community
6volunteer who:
7        (a) is 21 or older;
8        (b) shall receive training with State and nationally
9    developed standards, has been screened and trained
10    regarding child abuse and neglect, child development, and
11    juvenile court proceedings according to the standards of
12    the National CASA Association;
13        (c) is being actively supervised by a court appointed
14    special advocate program in good standing with the
15    Illinois Association of Court Appointed Special Advocates;
16    and
17        (d) has been sworn in by a circuit court judge
18    assigned to juvenile cases in the circuit court in which
19    he or she wishes to serve.
20        Court appointed special advocate programs shall
21promote policies, practices, and procedures that are
22culturally competent. As used in this Section, "cultural
23competency" means the capacity to function in more than one
24culture, requiring the ability to appreciate, understand, and
25interact with members of diverse populations within the local
26community.

 

 

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1    (2) The court appointed special advocate shall:
2        (a) conduct an independent assessment to monitor the
3    facts and circumstances surrounding the case by monitoring
4    the court order;
5        (b) maintain regular and sufficient in-person contact
6    with the minor;
7        (c) submit written reports to the court regarding the
8    minor's best interests;
9        (d) advocate for timely court hearings to obtain
10    permanency for the minor;
11        (e) be notified of all administrative case reviews
12    pertaining to the minor and work with the parties'
13    attorneys, the guardian ad litem, and others assigned to
14    the minor's case to protect the minor's health, safety,
15    and best interests and insure the proper delivery of child
16    welfare services;
17        (f) attend all court hearings and other proceedings to
18    advocate for the minor's best interests;
19        (g) monitor compliance with the case plan and all
20    court orders; and
21        (h) review all court related documents.
22         act as a monitor and shall be notified of all
23    administrative case reviews pertaining to the minor and
24    work with the parties' attorneys, the guardian ad litem,
25    and others assigned to the minor's case to protect the
26    minor's health, safety and best interests and insure the

 

 

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1    proper delivery of child welfare services.
2    (2.1) The court may consider, at its discretion, testimony
3of the court appointed special advocate pertaining to the
4well-being of the minor child.
5    (2.2) Upon presentation of an order of appointment, a
6court appointed special advocate shall have access to all
7records and information relevant to the minor's case.
8    (2.2-1) All records and information acquired, reviewed, or
9produced by a court appointed special advocate during the
10course of his or her appointment shall be deemed confidential
11and shall not be disclosed except as ordered by the court.
12    (3) Court appointed special advocates shall serve as
13volunteers without compensation and shall receive training
14consistent with nationally developed standards.
15    (4) No person convicted of a criminal offense as specified
16in Section 4.2 of the Child Care Act of 1969 and no person
17identified as a perpetrator of an act of child abuse or neglect
18as reflected in the Department of Children and Family Services
19State Central Register shall serve as a court appointed
20special advocate.
21    (5) All costs associated with the appointment and duties
22of the court appointed special advocate shall be paid by the
23court appointed special advocate or an organization of court
24appointed special advocates. In no event shall the court
25appointed special advocate be liable for any costs of services
26provided to the child.

 

 

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1    (6) The court may remove the court appointed special
2advocate or the guardian ad litem from a case upon finding that
3the court appointed special advocate or the guardian ad litem
4has acted in a manner contrary to the child's best interest or
5if the court otherwise deems continued service is unwanted or
6unnecessary.
7    (7) In any county in which a program of court appointed
8special advocates is in operation, the provisions of this
9Section shall apply unless the county board of that county, by
10resolution, determines that the county shall not be governed
11by this Section.
12    (8) Any court appointed special advocate acting in good
13faith within the scope of his or her appointment shall have
14immunity from any civil or criminal liability that otherwise
15might result by reason of his or her actions, except in cases
16of willful and wanton misconduct. For the purpose of any civil
17or criminal proceedings, the good faith of any court appointed
18special advocate shall be presumed.
19(Source: P.A. 90-28, eff. 1-1-98; 90-608, eff. 6-30-98;
2091-357, eff. 7-29-99.)".