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Public Act 102-0607


 

Public Act 0607 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0607
 
HB3277 EnrolledLRB102 03958 RLC 13974 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 2-17.1 as follows:
 
    (705 ILCS 405/2-17.1)
    Sec. 2-17.1. Court appointed special advocate.
    (1) The court shall may appoint a special advocate upon
the filing of a petition under this Article or at any time
during the pendency of a proceeding under this Article if
special advocates are available. The Except in counties with a
population over 3,000,000, the court appointed special
advocate may also serve as guardian ad litem by appointment of
the court under Section 2-17 of this Act.
    (1.2) In counties of populations over 3,000,000 the court
may appoint a special advocate upon the filing of a petition
under this Article or at any time during the pendency of a
proceeding under this Article. No special advocate shall act
as guardian ad litem in counties of populations over
3,000,000.
    (1.5) "Court appointed special advocate" means a community
volunteer who:
        (a) is 21 or older;
        (b) shall receive training with State and nationally
    developed standards, has been screened and trained
    regarding child abuse and neglect, child development, and
    juvenile court proceedings according to the standards of
    the National CASA Association;
        (c) is being actively supervised by a court appointed
    special advocate program in good standing with the
    Illinois Association of Court Appointed Special Advocates;
    and
        (d) has been sworn in by a circuit court judge
    assigned to juvenile cases in the circuit court in which
    he or she wishes to serve.
        Court appointed special advocate programs shall
promote policies, practices, and procedures that are
culturally competent. As used in this Section, "cultural
competency" means the capacity to function in more than one
culture, requiring the ability to appreciate, understand, and
interact with members of diverse populations within the local
community.
    (2) The court appointed special advocate shall:
        (a) conduct an independent assessment to monitor the
    facts and circumstances surrounding the case by monitoring
    the court order;
        (b) maintain regular and sufficient in-person contact
    with the minor;
        (c) submit written reports to the court regarding the
    minor's best interests;
        (d) advocate for timely court hearings to obtain
    permanency for the minor;
        (e) be notified of all administrative case reviews
    pertaining to the minor and work with the parties'
    attorneys, the guardian ad litem, and others assigned to
    the minor's case to protect the minor's health, safety,
    and best interests and insure the proper delivery of child
    welfare services;
        (f) attend all court hearings and other proceedings to
    advocate for the minor's best interests;
        (g) monitor compliance with the case plan and all
    court orders; and
        (h) review all court documents that relate to the
    minor child.
         act as a monitor and shall be notified of all
    administrative case reviews pertaining to the minor and
    work with the parties' attorneys, the guardian ad litem,
    and others assigned to the minor's case to protect the
    minor's health, safety and best interests and insure the
    proper delivery of child welfare services.
    (2.1) The court may consider, at its discretion, testimony
of the court appointed special advocate pertaining to the
well-being of the minor child.
    (2.2) Upon presentation of an order of appointment, a
court appointed special advocate shall have access to all
records and information relevant to the minor's case with
regard to the minor child.
    (2.2-1) All records and information acquired, reviewed, or
produced by a court appointed special advocate during the
course of his or her appointment shall be deemed confidential
and shall not be disclosed except as ordered by the court.
    (3) Court appointed special advocates shall serve as
volunteers without compensation and shall receive training
consistent with nationally developed standards.
    (4) No person convicted of a criminal offense as specified
in Section 4.2 of the Child Care Act of 1969 and no person
identified as a perpetrator of an act of child abuse or neglect
as reflected in the Department of Children and Family Services
State Central Register shall serve as a court appointed
special advocate.
    (5) All costs associated with the appointment and duties
of the court appointed special advocate shall be paid by the
court appointed special advocate or an organization of court
appointed special advocates. In no event shall the court
appointed special advocate be liable for any costs of services
provided to the child.
    (6) The court may remove the court appointed special
advocate or the guardian ad litem from a case upon finding that
the court appointed special advocate or the guardian ad litem
has acted in a manner contrary to the child's best interest or
if the court otherwise deems continued service is unwanted or
unnecessary.
    (7) In any county in which a program of court appointed
special advocates is in operation, the provisions of this
Section shall apply unless the county board of that county, by
resolution, determines that the county shall not be governed
by this Section.
    (8) Any court appointed special advocate acting in good
faith within the scope of his or her appointment shall have
immunity from any civil or criminal liability that otherwise
might result by reason of his or her actions, except in cases
of willful and wanton misconduct. For the purpose of any civil
or criminal proceedings, the good faith of any court appointed
special advocate shall be presumed.
(Source: P.A. 90-28, eff. 1-1-98; 90-608, eff. 6-30-98;
91-357, eff. 7-29-99.)

Effective Date: 1/1/2022