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705 ILCS 405/2-17
(705 ILCS 405/2-17)
(from Ch. 37, par. 802-17)
Guardian ad litem.
(1) Immediately upon the filing of a petition alleging that the minor is
a person described in Sections 2-3 or 2-4 of this Article, the court shall
appoint a guardian ad litem for the minor if:
(a) such petition alleges that the minor is an abused
(b) such petition alleges that charges alleging the
commission of any of the sex offenses defined in Article 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, have been filed against a defendant in any court and that such minor is the alleged victim of the acts of defendant in the commission of such offense.
Unless the guardian ad litem appointed pursuant to this paragraph
(1) is an attorney at law, he or she shall be represented in the performance
of his or her duties by counsel. The guardian ad litem shall represent the best
interests of the minor and shall present recommendations to the court
consistent with that duty.
(2) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if:
(a) no parent, guardian, custodian or relative of the
minor appears at the first or any subsequent hearing of the case;
(b) the petition prays for the appointment of a
guardian with power to consent to adoption; or
(c) the petition for which the minor is before the
court resulted from a report made pursuant to the Abused and Neglected Child Reporting Act.
(3) The court may appoint a guardian ad litem for the minor whenever
it finds that there may be a conflict of interest between the minor and
his parents or other custodian or that it is otherwise in the minor's
best interest to do so.
(4) Unless the guardian ad litem is an attorney, he or she shall be
represented by counsel.
(4.5) Pursuant to Section 6b-1 of the Children and Family Services Act, the Department of Children and Family Services must maintain the name, electronic mail address, and telephone number for each minor's court-appointed guardian ad litem and, if applicable, the guardian ad litem's supervisor. The Department of Children and Family Services must update this contact information within 5 days of receiving notice of a change. The Advocacy Office for Children and Families, established pursuant to Section 5e of the Children and Family Services Act, must make this contact information available to the minor, current foster parent or caregiver, or caseworker, if requested.
(5) The reasonable fees of a guardian ad litem appointed under this
Section shall be fixed by the court and charged to the parents of the
minor, to the extent they are able to pay. If the parents are unable to
pay those fees, they shall be paid from the general fund of the county.
(6) A guardian ad litem appointed under this Section, shall receive
copies of any and all classified reports of child abuse and neglect made
under the Abused and Neglected Child Reporting Act in which the minor who
is the subject of a report under the Abused and Neglected Child Reporting
Act, is also the minor for whom the guardian ad litem is appointed under
(6.5) A guardian ad litem appointed under this Section or attorney appointed under this Act shall receive a copy of each significant event report that involves the minor no later than 3 days after the Department learns of an event requiring a significant event report to be written, or earlier as required by Department rule.
(7) The appointed
litem shall remain the minor's guardian ad litem throughout the entire juvenile
proceedings, including permanency hearings and termination of parental rights
proceedings, unless there is a substitution entered by order of the court.
(8) The guardian
litem or an agent of the guardian ad litem shall have a minimum of one
in-person contact with the minor and one contact with one
current foster parents or caregivers prior to the
adjudicatory hearing, and at
least one additional in-person contact with the child and one contact with
one of the
parents or caregivers after the adjudicatory hearing but
prior to the first permanency hearing
and one additional in-person contact with the child and one contact with one
of the current
foster parents or caregivers each subsequent year. For good cause shown, the
judge may excuse face-to-face interviews required in this subsection.
(9) In counties with a population of 100,000 or more but less than
3,000,000, each guardian ad litem must successfully complete a training program
approved by the Department of Children and Family Services. The Department of
Children and Family Services shall provide training materials and documents to
guardians ad litem who are not mandated to attend the training program. The
Department of Children and Family Services shall develop
distribute to all guardians ad litem a bibliography containing information
including but not limited to the juvenile court process, termination of
parental rights, child development, medical aspects of child abuse, and the
child's need for safety and permanence.
(Source: P.A. 101-81, eff. 7-12-19; 102-208, eff. 7-30-21.)