Illinois General Assembly - Full Text of SB1884
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Full Text of SB1884  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/9/2023, by Sen. Robert Peters


705 ILCS 405/2-17.1

    Amends the Juvenile Court Act of 1987. Deletes from the definition of "court appointed special advocate" a community volunteer who is being actively supervised by a court appointed special advocate program in good standing with the Illinois Association of Court Appointed Special Advocates.

LRB103 27765 RLC 54143 b





SB1884LRB103 27765 RLC 54143 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 2-17.1 as follows:
6    (705 ILCS 405/2-17.1)
7    Sec. 2-17.1. Court appointed special advocate.
8    (1) The court shall appoint a special advocate upon the
9filing of a petition under this Article or at any time during
10the pendency of a proceeding under this Article if special
11advocates are available. The court appointed special advocate
12may also serve as guardian ad litem by appointment of the court
13under Section 2-17 of this Act.
14    (1.2) In counties of populations over 3,000,000 the court
15may appoint a special advocate upon the filing of a petition
16under this Article or at any time during the pendency of a
17proceeding under this Article. No special advocate shall act
18as guardian ad litem in counties of populations over
20    (1.5) "Court appointed special advocate" means a community
21volunteer who:
22        (a) is 21 or older;
23        (b) shall receive training with State and nationally



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1    developed standards, has been screened and trained
2    regarding child abuse and neglect, child development, and
3    juvenile court proceedings according to the standards of
4    the National CASA Association;
5        (c) (blank) is being actively supervised by a court
6    appointed special advocate program in good standing with
7    the Illinois Association of Court Appointed Special
8    Advocates; and
9        (d) has been sworn in by a circuit court judge
10    assigned to juvenile cases in the circuit court in which
11    he or she wishes to serve.
12    Court appointed special advocate programs shall promote
13policies, practices, and procedures that are culturally
14competent. As used in this Section, "cultural competency"
15means the capacity to function in more than one culture,
16requiring the ability to appreciate, understand, and interact
17with members of diverse populations within the local
19    (2) The court appointed special advocate shall:
20        (a) conduct an independent assessment to monitor the
21    facts and circumstances surrounding the case by monitoring
22    the court order;
23        (b) maintain regular and sufficient in-person contact
24    with the minor;
25        (c) submit written reports to the court regarding the
26    minor's best interests;



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1        (d) advocate for timely court hearings to obtain
2    permanency for the minor;
3        (e) be notified of all administrative case reviews
4    pertaining to the minor and work with the parties'
5    attorneys, the guardian ad litem, and others assigned to
6    the minor's case to protect the minor's health, safety,
7    and best interests and insure the proper delivery of child
8    welfare services;
9        (f) attend all court hearings and other proceedings to
10    advocate for the minor's best interests;
11        (g) monitor compliance with the case plan and all
12    court orders; and
13        (h) review all court documents that relate to the
14    minor child.
15    (2.1) The court may consider, at its discretion, testimony
16of the court appointed special advocate pertaining to the
17well-being of the minor.
18    (2.2) Upon presentation of an order of appointment, a
19court appointed special advocate shall have access to all
20records and information relevant to the minor's case with
21regard to the minor child.
22    (2.2-1) All records and information acquired, reviewed, or
23produced by a court appointed special advocate during the
24course of his or her appointment shall be deemed confidential
25and shall not be disclosed except as ordered by the court.
26    (3) Court appointed special advocates shall serve as



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1volunteers without compensation and shall receive training
2consistent with nationally developed standards.
3    (4) No person convicted of a criminal offense as specified
4in Section 4.2 of the Child Care Act of 1969 and no person
5identified as a perpetrator of an act of child abuse or neglect
6as reflected in the Department of Children and Family Services
7State Central Register shall serve as a court appointed
8special advocate.
9    (5) All costs associated with the appointment and duties
10of the court appointed special advocate shall be paid by the
11court appointed special advocate or an organization of court
12appointed special advocates. In no event shall the court
13appointed special advocate be liable for any costs of services
14provided to the child.
15    (6) The court may remove the court appointed special
16advocate or the guardian ad litem from a case upon finding that
17the court appointed special advocate or the guardian ad litem
18has acted in a manner contrary to the child's best interest or
19if the court otherwise deems continued service is unwanted or
21    (7) In any county in which a program of court appointed
22special advocates is in operation, the provisions of this
23Section shall apply.
24    (8) Any court appointed special advocate acting in good
25faith within the scope of his or her appointment shall have
26immunity from any civil or criminal liability that otherwise



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1might result by reason of his or her actions, except in cases
2of willful and wanton misconduct. For the purpose of any civil
3or criminal proceedings, the good faith of any court appointed
4special advocate shall be presumed.
5(Source: P.A. 102-607, eff. 1-1-22.)