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Public Act 100-0689 | ||||
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AN ACT concerning juveniles.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended | ||||
by changing Section 35.1 as follows:
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(20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
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Sec. 35.1. The case and clinical records of patients in | ||||
Department
supervised facilities, youth in care, children | ||||
receiving or
applying for child welfare services, persons | ||||
receiving or applying for
other services of the Department, and | ||||
Department reports of injury or abuse to
children shall not be | ||||
open to the general public. Such case and clinical
records and | ||||
reports or the information contained therein shall be disclosed | ||||
by
the Director of the Department
to juvenile authorities
when | ||||
necessary for the discharge of their official duties
who | ||||
request information concerning the minor
and who
certify in | ||||
writing that the information will not be disclosed to any other
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party except as provided under law or order of court. For | ||||
purposes of this
Section, "juvenile authorities" means: (i) a | ||||
judge of
the circuit court and members of the staff of the | ||||
court designated by the
judge; (ii) parties to the proceedings | ||||
under the Juvenile Court Act of 1987 and
their attorneys; (iii) | ||||
probation
officers and court appointed advocates for the |
juvenile authorized by the judge
hearing the case; (iv) any | ||
individual, public or private agency having custody
of the | ||
child pursuant to court order or pursuant to placement of the | ||
child by the Department; (v) any individual, public or private
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agency providing education, medical or mental health service to | ||
the child when
the requested information is needed to determine | ||
the appropriate service or
treatment for the minor; (vi) any | ||
potential placement provider when such
release
is authorized by | ||
the court for the limited purpose of determining the
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appropriateness of the potential placement; (vii) law | ||
enforcement officers and
prosecutors;
(viii) adult and | ||
juvenile prisoner review boards; (ix) authorized military
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personnel; (x)
individuals authorized by court; (xi) the | ||
Illinois General Assembly or
any committee
or commission | ||
thereof. This Section does not apply
to
the Department's fiscal | ||
records, other records of a purely administrative
nature, or | ||
any forms, documents or other records required of facilities | ||
subject
to licensure by the Department except as may otherwise | ||
be provided under the
Child Care Act of 1969. Notwithstanding | ||
any other provision of this Section, upon request, a guardian | ||
ad litem or attorney appointed to represent a child who is the | ||
subject of an action pursuant to Article II of the Juvenile | ||
Court Act of 1987 may obtain a copy of foster home licensing | ||
records, including all information related to licensing | ||
complaints and investigations, regarding a home in which the | ||
child is placed or regarding a home in which the Department |
plans to place the child. Any information contained in foster | ||
home licensing records that is protected from disclosure by | ||
federal or State law may be obtained only in compliance with | ||
that law. Nothing in this Section restricts the authority of a | ||
court to order release of licensing records for purposes of | ||
discovery or as otherwise authorized by law.
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Nothing contained in this Act prevents the sharing or | ||
disclosure of
information or records relating or pertaining to | ||
juveniles subject to the
provisions of the Serious Habitual | ||
Offender Comprehensive Action Program when
that information is | ||
used to assist in the early identification and treatment of
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habitual juvenile offenders.
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Nothing contained in this Act prevents the sharing or | ||
disclosure of
information or records relating or pertaining to | ||
the death of a minor under the
care of or receiving services | ||
from the Department and under the jurisdiction of
the juvenile | ||
court with the juvenile court, the State's Attorney, and the
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minor's attorney.
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In this paragraph, "significant event report" means a | ||
written document describing an occurrence or event beyond the | ||
customary operations, routines, or relationships in the | ||
Department, a child care facility, or other entity that is | ||
licensed or regulated by the Department or that provides | ||
services for the Department under a grant, contract, or | ||
purchase of service agreement; involving children or youth, | ||
employees, foster parents, or relative caregivers; allegations |
of abuse or neglect or any other incident raising a concern | ||
about the well-being of a minor under the jurisdiction of the | ||
court under Article II of the Juvenile Court Act; incidents | ||
involving damage to property, allegations of criminal | ||
activity, misconduct, or other occurrences affecting the | ||
operations of the Department or a child care facility; any | ||
incident that could have media impact; and unusual incidents as | ||
defined by Department rule. The Department shall provide a | ||
minor's guardian ad litem, appointed under Section 2-17 of the | ||
Juvenile Court Act of 1987, or a minor's attorney appointed | ||
under the Juvenile Court Act of 1987, with a copy of each | ||
significant event report involving 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. | ||
Nothing contained in this Section prohibits or prevents any | ||
individual
dealing with or providing services to a minor from | ||
sharing information with
another individual dealing with or | ||
providing services to a minor for the
purpose of coordinating | ||
efforts on behalf of the minor. The sharing of such
information | ||
is only for the purpose stated herein and is to be consistent | ||
with
the intent and purpose of the confidentiality provisions | ||
of the Juvenile Court
Act of 1987. This provision does not | ||
abrogate any recognized privilege.
Sharing information does | ||
not include copying of records, reports or case files
unless | ||
authorized herein.
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Nothing in this Section prohibits or prevents the | ||
re-disclosure of records,
reports,
or other information that | ||
reveals malfeasance or nonfeasance on the part of the
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Department, its employees, or its agents. Nothing in this | ||
Section prohibits
or prevents
the Department or a party in a | ||
proceeding under the Juvenile Court Act of 1987
from copying | ||
records, reports, or case files for the purpose of sharing | ||
those
documents with other parties to the litigation.
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(Source: P.A. 99-779, eff. 1-1-17; 100-159, eff. 8-18-17.)
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Section 10. The Juvenile Court Act of 1987 is amended by | ||
changing Sections 1-3 and 2-17 as follows:
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(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
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Sec. 1-3. Definitions. Terms used in this Act, unless the | ||
context
otherwise requires, have the following meanings | ||
ascribed to them:
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(1) "Adjudicatory hearing" means a hearing to
determine | ||
whether the allegations of a petition under Section 2-13, 3-15 | ||
or
4-12 that a minor under 18 years of age is abused, neglected | ||
or dependent, or
requires authoritative intervention, or | ||
addicted, respectively, are supported
by a preponderance of the | ||
evidence or whether the allegations of a petition
under Section | ||
5-520 that a minor is delinquent are proved beyond a reasonable
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doubt.
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(2) "Adult" means a person 21 years of age or older.
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(3) "Agency" means a public or private child care facility
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legally authorized or licensed by this State for placement or | ||
institutional
care or for both placement and institutional | ||
care.
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(4) "Association" means any organization, public or
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private, engaged in welfare functions which include services to | ||
or on behalf of
children but does not include "agency" as | ||
herein defined.
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(4.05) Whenever a "best interest" determination is
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required, the following factors shall be considered in the | ||
context of the
child's age and developmental needs:
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(a) the physical safety and welfare of the child, | ||
including food, shelter,
health, and clothing;
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(b) the development of the child's identity;
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(c) the child's background and ties, including | ||
familial,
cultural, and religious;
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(d) the child's sense of attachments, including:
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(i) where the child actually feels love, | ||
attachment, and a sense of
being valued (as opposed to | ||
where adults believe the child should
feel such love, | ||
attachment, and a sense of being valued);
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(ii) the child's sense of security;
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(iii) the child's sense of familiarity;
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(iv) continuity of affection for the child;
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(v) the least disruptive placement alternative for | ||
the child;
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(e) the child's wishes and long-term goals;
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(f) the child's community ties, including church, | ||
school, and friends;
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(g) the child's need for permanence which includes the | ||
child's need for
stability and continuity of relationships | ||
with parent figures and with siblings
and other relatives;
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(h) the uniqueness of every family and child;
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(i) the risks attendant to entering and being in | ||
substitute care; and
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(j) the preferences of the persons available to care | ||
for the child.
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(4.1) "Chronic truant" shall have the definition
ascribed | ||
to it in Section 26-2a of the School Code.
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(5) "Court" means the circuit court in a session or | ||
division
assigned to hear proceedings under this Act.
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(6) "Dispositional hearing" means a hearing to
determine | ||
whether a minor should be adjudged to be a ward of the court, | ||
and to
determine what order of disposition should be made in | ||
respect to a minor
adjudged to be a ward of the court.
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(7) "Emancipated minor" means any minor 16 years of age or | ||
over who has
been completely or partially emancipated under the | ||
Emancipation of
Minors Act or
under this Act.
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(7.05) "Foster parent" includes a relative caregiver | ||
selected by the Department of Children and Family Services to | ||
provide care for the minor. | ||
(8) "Guardianship of the person" of a minor
means the duty |
and authority to act in the best interests of the minor, | ||
subject
to residual parental rights and responsibilities, to | ||
make important decisions
in matters having a permanent effect | ||
on the life and development of the minor
and to be concerned | ||
with his or her general welfare. It includes but is not
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necessarily limited to:
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(a) the authority to consent to marriage, to enlistment | ||
in the armed
forces of the United States, or to a major | ||
medical, psychiatric, and
surgical treatment; to represent | ||
the minor in legal actions; and to make
other decisions of | ||
substantial legal significance concerning the minor;
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(b) the authority and duty of reasonable visitation, | ||
except to the
extent that these have been limited in the | ||
best interests of the minor by
court order;
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(c) the rights and responsibilities of legal custody | ||
except where legal
custody has been vested in another | ||
person or agency; and
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(d) the power to consent to the adoption of the minor, | ||
but only if
expressly conferred on the guardian in | ||
accordance with Section 2-29, 3-30, or
4-27.
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(9) "Legal custody" means the relationship created by an
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order of court in the best interests of the minor which imposes | ||
on the
custodian the responsibility of physical possession of a | ||
minor and the duty to
protect, train and discipline him and to | ||
provide him with food, shelter,
education and ordinary medical | ||
care, except as these are limited by residual
parental rights |
and responsibilities and the rights and responsibilities of the
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guardian of the person, if any.
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(9.1) "Mentally capable adult relative" means a person 21 | ||
years of age or older who is not suffering from a mental | ||
illness that prevents him or her from providing the care | ||
necessary to safeguard the physical safety and welfare of a | ||
minor who is left in that person's care by the parent or | ||
parents or other person responsible for the minor's welfare. | ||
(10) "Minor" means a person under the age of 21 years | ||
subject to
this Act.
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(11) "Parent" means a father or mother of a child and
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includes any adoptive parent. It also includes a person (i)
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whose parentage
is presumed or has been established under the | ||
law of this or another
jurisdiction or (ii) who has registered | ||
with the Putative Father Registry in
accordance with Section | ||
12.1 of the Adoption Act and whose paternity has not
been ruled | ||
out under the law of this or another jurisdiction. It does not
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include a
parent whose rights in respect to the
minor have been | ||
terminated in any manner provided by law. It does not include a | ||
person who has been or could be determined to be a parent under | ||
the Illinois Parentage Act of 1984 or the Illinois Parentage | ||
Act of 2015, or similar parentage law in any other state, if | ||
that person has been convicted of or pled nolo contendere to a | ||
crime that resulted in the conception of the child under | ||
Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, | ||
12-14.1, subsection (a) or (b) (but not subsection (c)) of |
Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or | ||
(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, or similar | ||
statute in another jurisdiction unless upon motion of any | ||
party, other than the offender, to the juvenile court | ||
proceedings the court finds it is in the child's best interest | ||
to deem the offender a parent for purposes of the juvenile | ||
court proceedings.
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(11.1) "Permanency goal" means a goal set by the court as | ||
defined in
subdivision (2) of Section 2-28.
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(11.2) "Permanency hearing" means a hearing to set the | ||
permanency goal and
to review and determine (i) the | ||
appropriateness of the services contained in
the plan and | ||
whether those services have been provided, (ii) whether | ||
reasonable
efforts have been made by all the parties to the | ||
service plan to achieve the
goal, and (iii) whether the plan | ||
and goal have been achieved.
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(12) "Petition" means the petition provided for in Section
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2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | ||
thereunder
in Section 3-15, 4-12 or 5-520.
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(12.1) "Physically capable adult relative" means a person | ||
21 years of age or older who does not have a severe physical | ||
disability or medical condition, or is not suffering from | ||
alcoholism or drug addiction, that prevents him or her from | ||
providing the care necessary to safeguard the physical safety | ||
and welfare of a minor who is left in that person's care by the |
parent or parents or other person responsible for the minor's | ||
welfare. | ||
(12.2) "Post Permanency Sibling Contact Agreement" has the | ||
meaning ascribed to the term in Section 7.4 of the Children and | ||
Family Services Act. | ||
(12.3) "Residential treatment center" means a licensed | ||
setting that provides 24-hour 24 hour care to children in a | ||
group home or institution, including a facility licensed as a | ||
child care institution under Section 2.06 of the Child Care Act | ||
of 1969 , a licensed group home under Section 2.16 of the Child | ||
Care Act of 1969 , a secure child care facility as defined in | ||
paragraph (18) of this Section, or any similar facility in | ||
another state. " Residential treatment center " does not include | ||
a relative foster home or a licensed foster family home. | ||
(13) "Residual parental
rights and responsibilities" means | ||
those rights and responsibilities remaining
with the parent | ||
after the transfer of legal custody or guardianship of the
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person, including, but not necessarily limited to, the right to | ||
reasonable
visitation (which may be limited by the court in the | ||
best interests of the
minor as provided in subsection (8)(b) of | ||
this Section), the right to consent
to adoption, the right to | ||
determine the minor's religious affiliation, and the
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responsibility for his support.
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(14) "Shelter" means the temporary care of a minor in
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physically unrestricting facilities pending court disposition | ||
or execution of
court order for placement.
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(14.05) "Shelter placement" means a temporary or emergency | ||
placement for a minor, including an emergency foster home | ||
placement. | ||
(14.1) "Sibling Contact Support Plan" has the meaning | ||
ascribed to the term in Section 7.4 of the Children and Family | ||
Services Act. | ||
(14.2) "Significant event report" means a written document | ||
describing an occurrence or event beyond the customary | ||
operations, routines, or relationships in the Department of | ||
Children of Family Services, a child care facility, or other | ||
entity that is licensed or regulated by the Department of | ||
Children of Family Services or that provides services for the | ||
Department of Children of Family Services under a grant, | ||
contract, or purchase of service agreement; involving children | ||
or youth, employees, foster parents, or relative caregivers; | ||
allegations of abuse or neglect or any other incident raising a | ||
concern about the well-being of a minor under the jurisdiction | ||
of the court under Article II of the Juvenile Court Act; | ||
incidents involving damage to property, allegations of | ||
criminal activity, misconduct, or other occurrences affecting | ||
the operations of the Department of Children of Family Services | ||
or a child care facility; any incident that could have media | ||
impact; and unusual incidents as defined by Department of | ||
Children and Family Services rule. | ||
(15) "Station adjustment" means the informal
handling of an | ||
alleged offender by a juvenile police officer.
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(16) "Ward of the court" means a minor who is so
adjudged | ||
under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
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requisite jurisdictional facts, and thus is subject to the | ||
dispositional powers
of the court under this Act.
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(17) "Juvenile police officer" means a sworn
police officer | ||
who has completed a Basic Recruit Training Course, has been
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assigned to the position of juvenile police officer by his or | ||
her chief law
enforcement officer and has completed the | ||
necessary juvenile officers training
as prescribed by the | ||
Illinois Law Enforcement Training Standards Board, or in
the | ||
case of a State police officer, juvenile officer
training | ||
approved by the Director of the Department of State Police.
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(18) "Secure child care facility" means any child care | ||
facility licensed
by the Department of Children and Family | ||
Services to provide secure living
arrangements for children | ||
under 18 years of age who are subject to placement in
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facilities under the Children and Family Services Act and who | ||
are not subject
to placement in facilities for whom standards | ||
are established by the Department
of Corrections under Section | ||
3-15-2 of the Unified Code of Corrections.
"Secure child care | ||
facility" also means a
facility that is designed and operated | ||
to ensure that all entrances and
exits
from the facility, a | ||
building, or a distinct part of the building are under the
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exclusive control of the staff of the facility, whether or not | ||
the child has
the freedom of movement within the perimeter of | ||
the facility, building, or
distinct part of the building.
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(Source: P.A. 99-85, eff. 1-1-16; 100-136, eff. 8-8-17; | ||
100-229, eff. 1-1-18; revised 10-10-17.)
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(705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
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Sec. 2-17. Guardian ad litem.
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(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:
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(a) such petition alleges that the minor is an abused | ||
or neglected
child; or
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(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.
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Unless the guardian ad litem appointed pursuant to this | ||
paragraph
(1) is an attorney at law he shall be represented in | ||
the performance
of his 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.
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(2) Before proceeding with the hearing, the court shall
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appoint a guardian ad litem for the minor if
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(a) no parent, guardian, custodian or relative of the | ||
minor appears
at the first or any subsequent hearing of the | ||
case;
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(b) the petition prays for the appointment of a | ||
guardian with power
to consent to adoption; or
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(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.
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(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.
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(4) Unless the guardian ad litem is an attorney, he shall | ||
be
represented by counsel.
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(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.
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(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
this Section.
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(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
guardian ad
litem shall remain the | ||
child's guardian ad litem throughout the entire juvenile
trial | ||
court
proceedings, including permanency hearings and | ||
termination of parental rights
proceedings, unless there is a | ||
substitution entered by order of the court.
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(8) The guardian
ad
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
of the
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
current foster
parents or caregivers after the | ||
adjudicatory hearing but
prior to the first permanency hearing
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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.
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(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
and
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.
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(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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