Illinois General Assembly - Full Text of HB3886
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Full Text of HB3886  102nd General Assembly

HB3886 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3886

 

Introduced 2/22/2021, by Rep. Lakesia Collins

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/2-10.3 new
705 ILCS 405/2-17  from Ch. 37, par. 802-17

    Amends the Juvenile Court Act of 1987. Provides that any party may file a motion requesting the court to review the decision of a temporary custodian or guardian appointed under the Act to deny a minor under the age of 18 access to the media. Provides that the Department of Children and Family Services bears the burden of demonstrating by clear and convincing evidence that its decision to deny the minor access to the media is in the minor's best interest. Provides that, in making its determination, the court shall weigh specified factors. Provides that the Department of Children and Family Services shall provide notice to a minor's guardian ad litem and attorney appointed under this Act any time that the Department, in its capacity as the minor's temporary custodian or guardian, denies a request by the media to speak with the minor. The Department shall provide the notice within one business day of its decision. The notice must at a minimum include the following: the name of the child, the name of the media, the date of the inquiry from the media, and the rationale for the Department's decision.


LRB102 17071 RLC 22499 b

 

 

A BILL FOR

 

HB3886LRB102 17071 RLC 22499 b

1    AN ACT concerning courts.
 
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 and by adding Section 2-10.3 as follows:
 
6    (705 ILCS 405/2-10.3 new)
7    Sec. 2-10.3. Media access to minor. Any party may file a
8motion requesting the court to review the decision of a
9temporary custodian or guardian appointed under this Act to
10deny a minor under the age of 18 access to the media. The
11Department of Children and Family Services bears the burden of
12demonstrating by clear and convincing evidence that its
13decision to deny the minor access to the media is in the
14minor's best interest. In making its determination, the court
15shall weigh the following factors in addition to considering
16the best interests factors listed in subsection (4.05) of
17Section 1-3:
18        (1) the minor's right to free speech under the First
19    Amendment to the Constitution of the United States and
20    Section 4 of Article I of the Illinois Constitution;
21        (2) the minor's level of maturity and ability to
22    appreciate the consequences of his or her actions in
23    talking with the media;

 

 

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1        (3) the reasons the temporary custodian or guardian is
2    denying access;
3        (4) the ability and willingness of the media outlet to
4    respect the minor's privacy by, for example, using
5    pseudonyms and limiting photographs of the minor, if
6    requested by the minor; and
7        (5) any other factor the court deems relevant.
 
8    (705 ILCS 405/2-17)  (from Ch. 37, par. 802-17)
9    Sec. 2-17. Guardian ad litem.
10    (1) Immediately upon the filing of a petition alleging
11that the minor is a person described in Sections 2-3 or 2-4 of
12this Article, the court shall appoint a guardian ad litem for
13the minor if:
14        (a) such petition alleges that the minor is an abused
15    or neglected child; or
16        (b) such petition alleges that charges alleging the
17    commission of any of the sex offenses defined in Article
18    11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
19    11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
20    Criminal Code of 1961 or the Criminal Code of 2012, have
21    been filed against a defendant in any court and that such
22    minor is the alleged victim of the acts of defendant in the
23    commission of such offense.
24    Unless the guardian ad litem appointed pursuant to this
25paragraph (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
2litem shall represent the best interests of the minor and
3shall present recommendations to the court consistent with
4that duty.
5    (2) Before proceeding with the hearing, the court shall
6appoint a guardian ad litem for the minor if:
7        (a) no parent, guardian, custodian or relative of the
8    minor appears at the first or any subsequent hearing of
9    the case;
10        (b) the petition prays for the appointment of a
11    guardian with power to consent to adoption; or
12        (c) the petition for which the minor is before the
13    court resulted from a report made pursuant to the Abused
14    and Neglected Child Reporting Act.
15    (3) The court may appoint a guardian ad litem for the minor
16whenever it finds that there may be a conflict of interest
17between the minor and his parents or other custodian or that it
18is otherwise in the minor's best interest to do so.
19    (4) Unless the guardian ad litem is an attorney, he shall
20be represented by counsel.
21    (5) The reasonable fees of a guardian ad litem appointed
22under this Section shall be fixed by the court and charged to
23the parents of the minor, to the extent they are able to pay.
24If the parents are unable to pay those fees, they shall be paid
25from the general fund of the county.
26    (6) A guardian ad litem appointed under this Section,

 

 

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1shall receive copies of any and all classified reports of
2child abuse and neglect made under the Abused and Neglected
3Child Reporting Act in which the minor who is the subject of a
4report under the Abused and Neglected Child Reporting Act, is
5also the minor for whom the guardian ad litem is appointed
6under this Section.
7    (6.5) A guardian ad litem appointed under this Section or
8attorney appointed under this Act shall receive a copy of each
9significant event report that involves the minor no later than
103 days after the Department learns of an event requiring a
11significant event report to be written, or earlier as required
12by Department rule.
13    (6.6) The Department of Children and Family Services shall
14provide notice to a minor's guardian ad litem and attorney
15appointed under this Act any time that the Department, in its
16capacity as the minor's temporary custodian or guardian,
17denies a request by the media to speak with the minor. The
18Department shall provide the notice within one business day of
19its decision. The notice must at a minimum include the
20following: the name of the child, the name of the media, the
21date of the inquiry from the media, and the rationale for the
22Department's decision.
23    (7) The appointed guardian ad litem shall remain the
24child's guardian ad litem throughout the entire juvenile trial
25court proceedings, including permanency hearings and
26termination of parental rights proceedings, unless there is a

 

 

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1substitution entered by order of the court.
2    (8) The guardian ad litem or an agent of the guardian ad
3litem shall have a minimum of one in-person contact with the
4minor and one contact with one of the current foster parents or
5caregivers prior to the adjudicatory hearing, and at least one
6additional in-person contact with the child and one contact
7with one of the current foster parents or caregivers after the
8adjudicatory hearing but prior to the first permanency hearing
9and one additional in-person contact with the child and one
10contact with one of the current foster parents or caregivers
11each subsequent year. For good cause shown, the judge may
12excuse face-to-face interviews required in this subsection.
13    (9) In counties with a population of 100,000 or more but
14less than 3,000,000, each guardian ad litem must successfully
15complete a training program approved by the Department of
16Children and Family Services. The Department of Children and
17Family Services shall provide training materials and documents
18to guardians ad litem who are not mandated to attend the
19training program. The Department of Children and Family
20Services shall develop and distribute to all guardians ad
21litem a bibliography containing information including but not
22limited to the juvenile court process, termination of parental
23rights, child development, medical aspects of child abuse, and
24the child's need for safety and permanence.
25(Source: P.A. 100-689, eff. 1-1-19; 101-81, eff. 7-12-19.)