Illinois Compiled Statutes
ILCS Listing
Public
Acts Search
Guide
Disclaimer
Information maintained by the Legislative
Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
705 ILCS 405/5-610
(705 ILCS 405/5-610)
(Text of Section from P.A. 103-22)
Sec. 5-610. Guardian ad litem and appointment of attorney.
(1) 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 the minor's parent, guardian or legal custodian or that it is otherwise in the
minor's interest to do so.
(2) Unless the guardian ad litem is an attorney, the guardian ad litem shall be
represented
by counsel.
(3) 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.
(4) If, during the court proceedings, the parents, guardian, or legal
custodian prove that the minor has an actual conflict of interest with the
minor in that delinquency proceeding and that the parents, guardian, or legal
custodian are indigent, the court shall appoint a separate attorney for that
parent, guardian, or legal custodian.
(5) A guardian ad litem appointed under this Section for a minor who is in the custody or guardianship of the Department of Children and Family Services or who has an open intact family services case with the Department of Children and Family Services is entitled to receive copies of any and all classified reports of child abuse or neglect made pursuant to the Abused and Neglected Child Reporting Act in which the minor, who is the subject of the report under the Abused and Neglected Child Reporting Act, is also a minor for whom the guardian ad litem is appointed under this Act. The Department of Children and Family Services' obligation under this subsection to provide reports to a guardian ad litem for a minor with an open intact family services case applies only if the guardian ad litem notified the Department in writing of the representation. (Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-379)
Sec. 5-610. Guardian ad litem and appointment of attorney.
(1) 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
or her parent, guardian or legal custodian or that it is otherwise in the
minor's interest to do so.
(2) Unless the guardian ad litem is an attorney, he or she shall be
represented
by counsel.
(3) The reasonable fees of a guardian ad litem appointed under this
Section shall be fixed by the court and paid from the general fund of the
county.
(4) If, during the court proceedings, the parents, guardian, or legal
custodian prove that he or she has an actual conflict of interest with the
minor in that delinquency proceeding and that the parents, guardian, or legal
custodian are indigent, the court shall appoint a separate attorney for that
parent, guardian, or legal custodian.
(5) A guardian ad litem appointed under this Section for a minor who is in the custody or guardianship of the Department of Children and Family Services or who has an open intact family services case with the Department of Children and Family Services is entitled to receive copies of any and all classified reports of child abuse or neglect made pursuant to the Abused and Neglected Child Reporting Act in which the minor, who is the subject of the report under the Abused and Neglected Child Reporting Act, is also a minor for whom the guardian ad litem is appointed under this Act. The Department of Children and Family Services' obligation under this subsection to provide reports to a guardian ad litem for a minor with an open intact family services case applies only if the guardian ad litem notified the Department in writing of the representation. (Source: P.A. 103-379, eff. 7-28-23.)
|
|
