103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3558 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: 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 27766 RLC 54144 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3558 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: 705 ILCS 405/2-17.1 705 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 27766 RLC 54144 b LRB103 27766 RLC 54144 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3558 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: 705 ILCS 405/2-17.1 705 ILCS 405/2-17.1 705 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 27766 RLC 54144 b LRB103 27766 RLC 54144 b LRB103 27766 RLC 54144 b A BILL FOR HB3558LRB103 27766 RLC 54144 b HB3558 LRB103 27766 RLC 54144 b HB3558 LRB103 27766 RLC 54144 b 1 AN ACT concerning courts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Juvenile Court Act of 1987 is amended by 5 changing 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 9 filing of a petition under this Article or at any time during 10 the pendency of a proceeding under this Article if special 11 advocates are available. The court appointed special advocate 12 may also serve as guardian ad litem by appointment of the court 13 under Section 2-17 of this Act. 14 (1.2) In counties of populations over 3,000,000 the court 15 may appoint a special advocate upon the filing of a petition 16 under this Article or at any time during the pendency of a 17 proceeding under this Article. No special advocate shall act 18 as guardian ad litem in counties of populations over 19 3,000,000. 20 (1.5) "Court appointed special advocate" means a community 21 volunteer who: 22 (a) is 21 or older; 23 (b) shall receive training with State and nationally 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3558 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: 705 ILCS 405/2-17.1 705 ILCS 405/2-17.1 705 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 27766 RLC 54144 b LRB103 27766 RLC 54144 b LRB103 27766 RLC 54144 b A BILL FOR 705 ILCS 405/2-17.1 LRB103 27766 RLC 54144 b HB3558 LRB103 27766 RLC 54144 b HB3558- 2 -LRB103 27766 RLC 54144 b HB3558 - 2 - LRB103 27766 RLC 54144 b HB3558 - 2 - LRB103 27766 RLC 54144 b 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 13 policies, practices, and procedures that are culturally 14 competent. As used in this Section, "cultural competency" 15 means the capacity to function in more than one culture, 16 requiring the ability to appreciate, understand, and interact 17 with members of diverse populations within the local 18 community. 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; HB3558 - 2 - LRB103 27766 RLC 54144 b HB3558- 3 -LRB103 27766 RLC 54144 b HB3558 - 3 - LRB103 27766 RLC 54144 b HB3558 - 3 - LRB103 27766 RLC 54144 b 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 16 of the court appointed special advocate pertaining to the 17 well-being of the minor. 18 (2.2) Upon presentation of an order of appointment, a 19 court appointed special advocate shall have access to all 20 records and information relevant to the minor's case with 21 regard to the minor child. 22 (2.2-1) All records and information acquired, reviewed, or 23 produced by a court appointed special advocate during the 24 course of his or her appointment shall be deemed confidential 25 and shall not be disclosed except as ordered by the court. 26 (3) Court appointed special advocates shall serve as HB3558 - 3 - LRB103 27766 RLC 54144 b HB3558- 4 -LRB103 27766 RLC 54144 b HB3558 - 4 - LRB103 27766 RLC 54144 b HB3558 - 4 - LRB103 27766 RLC 54144 b 1 volunteers without compensation and shall receive training 2 consistent with nationally developed standards. 3 (4) No person convicted of a criminal offense as specified 4 in Section 4.2 of the Child Care Act of 1969 and no person 5 identified as a perpetrator of an act of child abuse or neglect 6 as reflected in the Department of Children and Family Services 7 State Central Register shall serve as a court appointed 8 special advocate. 9 (5) All costs associated with the appointment and duties 10 of the court appointed special advocate shall be paid by the 11 court appointed special advocate or an organization of court 12 appointed special advocates. In no event shall the court 13 appointed special advocate be liable for any costs of services 14 provided to the child. 15 (6) The court may remove the court appointed special 16 advocate or the guardian ad litem from a case upon finding that 17 the court appointed special advocate or the guardian ad litem 18 has acted in a manner contrary to the child's best interest or 19 if the court otherwise deems continued service is unwanted or 20 unnecessary. 21 (7) In any county in which a program of court appointed 22 special advocates is in operation, the provisions of this 23 Section shall apply. 24 (8) Any court appointed special advocate acting in good 25 faith within the scope of his or her appointment shall have 26 immunity from any civil or criminal liability that otherwise HB3558 - 4 - LRB103 27766 RLC 54144 b HB3558- 5 -LRB103 27766 RLC 54144 b HB3558 - 5 - LRB103 27766 RLC 54144 b HB3558 - 5 - LRB103 27766 RLC 54144 b 1 might result by reason of his or her actions, except in cases 2 of willful and wanton misconduct. For the purpose of any civil 3 or criminal proceedings, the good faith of any court appointed 4 special advocate shall be presumed. 5 (Source: P.A. 102-607, eff. 1-1-22.) HB3558 - 5 - LRB103 27766 RLC 54144 b