Illinois 2023-2024 Regular Session

Illinois House Bill HB5638 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5638 Introduced 2/9/2024, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-17 from Ch. 37, par. 802-17750 ILCS 5/506 from Ch. 40, par. 506 Amends the Juvenile Court Act of 1987. Defines a guardian ad litem as either (i) an attorney licensed in Illinois to practice law; or (ii) a person who holds at a minimum a bachelor's degree in psychology, psychiatry, social work, education, or any other relevant child-related discipline involving determining a child's best interests. Provides that a guardian litem must receive training to ensure they have a fundamental working knowledge of abuser tactics and its effects on children in domestic violence cases as ordered by the Supreme Court. Requires a guardian ad litem to meet with a child who has been exposed to domestic violence in an age-appropriate manner for at least an hour before the issuance of any judicial decision affecting the parental rights of the child and to meet with the child for at least an hour every 3 months and provide a written update to the court at least every six months. Amends the Illinois Marriage and Dissolution of Marriage Act to make conforming changes. LRB103 37439 JRC 67561 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5638 Introduced 2/9/2024, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-17 from Ch. 37, par. 802-17750 ILCS 5/506 from Ch. 40, par. 506 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-17 from Ch. 37, par. 802-17 750 ILCS 5/506 from Ch. 40, par. 506 Amends the Juvenile Court Act of 1987. Defines a guardian ad litem as either (i) an attorney licensed in Illinois to practice law; or (ii) a person who holds at a minimum a bachelor's degree in psychology, psychiatry, social work, education, or any other relevant child-related discipline involving determining a child's best interests. Provides that a guardian litem must receive training to ensure they have a fundamental working knowledge of abuser tactics and its effects on children in domestic violence cases as ordered by the Supreme Court. Requires a guardian ad litem to meet with a child who has been exposed to domestic violence in an age-appropriate manner for at least an hour before the issuance of any judicial decision affecting the parental rights of the child and to meet with the child for at least an hour every 3 months and provide a written update to the court at least every six months. Amends the Illinois Marriage and Dissolution of Marriage Act to make conforming changes. LRB103 37439 JRC 67561 b LRB103 37439 JRC 67561 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5638 Introduced 2/9/2024, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-17 from Ch. 37, par. 802-17750 ILCS 5/506 from Ch. 40, par. 506 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-17 from Ch. 37, par. 802-17 750 ILCS 5/506 from Ch. 40, par. 506
4	4	705 ILCS 405/1-3 from Ch. 37, par. 801-3
5	5	705 ILCS 405/2-17 from Ch. 37, par. 802-17
6	6	750 ILCS 5/506 from Ch. 40, par. 506
7	7	Amends the Juvenile Court Act of 1987. Defines a guardian ad litem as either (i) an attorney licensed in Illinois to practice law; or (ii) a person who holds at a minimum a bachelor's degree in psychology, psychiatry, social work, education, or any other relevant child-related discipline involving determining a child's best interests. Provides that a guardian litem must receive training to ensure they have a fundamental working knowledge of abuser tactics and its effects on children in domestic violence cases as ordered by the Supreme Court. Requires a guardian ad litem to meet with a child who has been exposed to domestic violence in an age-appropriate manner for at least an hour before the issuance of any judicial decision affecting the parental rights of the child and to meet with the child for at least an hour every 3 months and provide a written update to the court at least every six months. Amends the Illinois Marriage and Dissolution of Marriage Act to make conforming changes.
8	8	LRB103 37439 JRC 67561 b LRB103 37439 JRC 67561 b
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10	10	A BILL FOR
11	11	HB5638LRB103 37439 JRC 67561 b HB5638 LRB103 37439 JRC 67561 b
12	12	HB5638 LRB103 37439 JRC 67561 b
13	13	1 AN ACT concerning civil law.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Juvenile Court Act of 1987 is amended by
17	17	5 changing Sections 1-3 and 2-17 as follows:
18	18	6 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
19	19	7 Sec. 1-3. Definitions. Terms used in this Act, unless the
20	20	8 context otherwise requires, have the following meanings
21	21	9 ascribed to them:
22	22	10 (1) "Adjudicatory hearing" means a hearing to determine
23	23	11 whether the allegations of a petition under Section 2-13,
24	24	12 3-15, or 4-12 that a minor under 18 years of age is abused,
25	25	13 neglected, or dependent, or requires authoritative
26	26	14 intervention, or addicted, respectively, are supported by a
27	27	15 preponderance of the evidence or whether the allegations of a
28	28	16 petition under Section 5-520 that a minor is delinquent are
29	29	17 proved beyond a reasonable doubt.
30	30	18 (2) "Adult" means a person 21 years of age or older.
31	31	19 (3) "Agency" means a public or private child care facility
32	32	20 legally authorized or licensed by this State for placement or
33	33	21 institutional care or for both placement and institutional
34	34	22 care.
35	35	23 (4) "Association" means any organization, public or
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5638 Introduced 2/9/2024, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
40	40	705 ILCS 405/1-3 from Ch. 37, par. 801-3705 ILCS 405/2-17 from Ch. 37, par. 802-17750 ILCS 5/506 from Ch. 40, par. 506 705 ILCS 405/1-3 from Ch. 37, par. 801-3 705 ILCS 405/2-17 from Ch. 37, par. 802-17 750 ILCS 5/506 from Ch. 40, par. 506
41	41	705 ILCS 405/1-3 from Ch. 37, par. 801-3
42	42	705 ILCS 405/2-17 from Ch. 37, par. 802-17
43	43	750 ILCS 5/506 from Ch. 40, par. 506
44	44	Amends the Juvenile Court Act of 1987. Defines a guardian ad litem as either (i) an attorney licensed in Illinois to practice law; or (ii) a person who holds at a minimum a bachelor's degree in psychology, psychiatry, social work, education, or any other relevant child-related discipline involving determining a child's best interests. Provides that a guardian litem must receive training to ensure they have a fundamental working knowledge of abuser tactics and its effects on children in domestic violence cases as ordered by the Supreme Court. Requires a guardian ad litem to meet with a child who has been exposed to domestic violence in an age-appropriate manner for at least an hour before the issuance of any judicial decision affecting the parental rights of the child and to meet with the child for at least an hour every 3 months and provide a written update to the court at least every six months. Amends the Illinois Marriage and Dissolution of Marriage Act to make conforming changes.
45	45	LRB103 37439 JRC 67561 b LRB103 37439 JRC 67561 b
46	46	LRB103 37439 JRC 67561 b
47	47	A BILL FOR
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53	53	705 ILCS 405/1-3 from Ch. 37, par. 801-3
54	54	705 ILCS 405/2-17 from Ch. 37, par. 802-17
55	55	750 ILCS 5/506 from Ch. 40, par. 506
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74	74	1 private, engaged in welfare functions which include services
75	75	2 to or on behalf of children but does not include "agency" as
76	76	3 herein defined.
77	77	4 (4.05) Whenever a "best interest" determination is
78	78	5 required, the following factors shall be considered in the
79	79	6 context of the child's age and developmental needs:
80	80	7 (a) the physical safety and welfare of the child,
81	81	8 including food, shelter, health, and clothing;
82	82	9 (b) the development of the child's identity;
83	83	10 (c) the child's background and ties, including
84	84	11 familial, cultural, and religious;
85	85	12 (d) the child's sense of attachments, including:
86	86	13 (i) where the child actually feels love,
87	87	14 attachment, and a sense of being valued (as opposed to
88	88	15 where adults believe the child should feel such love,
89	89	16 attachment, and a sense of being valued);
90	90	17 (ii) the child's sense of security;
91	91	18 (iii) the child's sense of familiarity;
92	92	19 (iv) continuity of affection for the child;
93	93	20 (v) the least disruptive placement alternative for
94	94	21 the child;
95	95	22 (e) the child's wishes and long-term goals;
96	96	23 (f) the child's community ties, including church,
97	97	24 school, and friends;
98	98	25 (g) the child's need for permanence which includes the
99	99	26 child's need for stability and continuity of relationships
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110	110	1 with parent figures and with siblings and other relatives;
111	111	2 (h) the uniqueness of every family and child;
112	112	3 (i) the risks attendant to entering and being in
113	113	4 substitute care; and
114	114	5 (j) the preferences of the persons available to care
115	115	6 for the child.
116	116	7 (4.1) "Chronic truant" shall have the definition ascribed
117	117	8 to it in Section 26-2a of the School Code.
118	118	9 (5) "Court" means the circuit court in a session or
119	119	10 division assigned to hear proceedings under this Act.
120	120	11 (6) "Dispositional hearing" means a hearing to determine
121	121	12 whether a minor should be adjudged to be a ward of the court,
122	122	13 and to determine what order of disposition should be made in
123	123	14 respect to a minor adjudged to be a ward of the court.
124	124	15 (6.5) "Dissemination" or "disseminate" means to publish,
125	125	16 produce, print, manufacture, distribute, sell, lease, exhibit,
126	126	17 broadcast, display, transmit, or otherwise share information
127	127	18 in any format so as to make the information accessible to
128	128	19 others.
129	129	20 (7) "Emancipated minor" means any minor 16 years of age or
130	130	21 over who has been completely or partially emancipated under
131	131	22 the Emancipation of Minors Act or under this Act.
132	132	23 (7.03) "Expunge" means to physically destroy the records
133	133	24 and to obliterate the minor's name from any official index,
134	134	25 public record, or electronic database.
135	135	26 (7.05) "Foster parent" includes a relative caregiver
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146	146	1 selected by the Department of Children and Family Services to
147	147	2 provide care for the minor.
148	148	3 (7.07) "Guardian ad litem" means either (i) an attorney
149	149	4 licensed in Illinois to practice law; or (ii) a person who
150	150	5 holds at a minimum a bachelor's degree in psychology,
151	151	6 psychiatry, social work, education, or any other relevant
152	152	7 child-related discipline involving determining a child's best
153	153	8 interests. A guardian litem must receive training as ordered
154	154	9 by the Supreme Court to ensure they have a fundamental working
155	155	10 knowledge of abuser tactics and its effects on children in
156	156	11 domestic violence cases.
157	157	12 (8) "Guardianship of the person" of a minor means the duty
158	158	13 and authority to act in the best interests of the minor,
159	159	14 subject to residual parental rights and responsibilities, to
160	160	15 make important decisions in matters having a permanent effect
161	161	16 on the life and development of the minor and to be concerned
162	162	17 with the minor's general welfare. It includes but is not
163	163	18 necessarily limited to:
164	164	19 (a) the authority to consent to marriage, to
165	165	20 enlistment in the armed forces of the United States, or to
166	166	21 a major medical, psychiatric, and surgical treatment; to
167	167	22 represent the minor in legal actions; and to make other
168	168	23 decisions of substantial legal significance concerning the
169	169	24 minor;
170	170	25 (b) the authority and duty of reasonable visitation,
171	171	26 except to the extent that these have been limited in the
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182	182	1 best interests of the minor by court order;
183	183	2 (c) the rights and responsibilities of legal custody
184	184	3 except where legal custody has been vested in another
185	185	4 person or agency; and
186	186	5 (d) the power to consent to the adoption of the minor,
187	187	6 but only if expressly conferred on the guardian in
188	188	7 accordance with Section 2-29, 3-30, or 4-27.
189	189	8 (8.1) "Juvenile court record" includes, but is not limited
190	190	9 to:
191	191	10 (a) all documents filed in or maintained by the
192	192	11 juvenile court pertaining to a specific incident,
193	193	12 proceeding, or individual;
194	194	13 (b) all documents relating to a specific incident,
195	195	14 proceeding, or individual made available to or maintained
196	196	15 by probation officers;
197	197	16 (c) all documents, video or audio tapes, photographs,
198	198	17 and exhibits admitted into evidence at juvenile court
199	199	18 hearings; or
200	200	19 (d) all documents, transcripts, records, reports, or
201	201	20 other evidence prepared by, maintained by, or released by
202	202	21 any municipal, county, or State agency or department, in
203	203	22 any format, if indicating involvement with the juvenile
204	204	23 court relating to a specific incident, proceeding, or
205	205	24 individual.
206	206	25 (8.2) "Juvenile law enforcement record" includes records
207	207	26 of arrest, station adjustments, fingerprints, probation
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218	218	1 adjustments, the issuance of a notice to appear, or any other
219	219	2 records or documents maintained by any law enforcement agency
220	220	3 relating to a minor suspected of committing an offense, and
221	221	4 records maintained by a law enforcement agency that identifies
222	222	5 a juvenile as a suspect in committing an offense, but does not
223	223	6 include records identifying a juvenile as a victim, witness,
224	224	7 or missing juvenile and any records created, maintained, or
225	225	8 used for purposes of referral to programs relating to
226	226	9 diversion as defined in subsection (6) of Section 5-105.
227	227	10 (9) "Legal custody" means the relationship created by an
228	228	11 order of court in the best interests of the minor which imposes
229	229	12 on the custodian the responsibility of physical possession of
230	230	13 a minor and the duty to protect, train and discipline the minor
231	231	14 and to provide the minor with food, shelter, education, and
232	232	15 ordinary medical care, except as these are limited by residual
233	233	16 parental rights and responsibilities and the rights and
234	234	17 responsibilities of the guardian of the person, if any.
235	235	18 (9.1) "Mentally capable adult relative" means a person 21
236	236	19 years of age or older who is not suffering from a mental
237	237	20 illness that prevents the person from providing the care
238	238	21 necessary to safeguard the physical safety and welfare of a
239	239	22 minor who is left in that person's care by the parent or
240	240	23 parents or other person responsible for the minor's welfare.
241	241	24 (10) "Minor" means a person under the age of 21 years
242	242	25 subject to this Act.
243	243	26 (11) "Parent" means a father or mother of a child and
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254	254	1 includes any adoptive parent. It also includes a person (i)
255	255	2 whose parentage is presumed or has been established under the
256	256	3 law of this or another jurisdiction or (ii) who has registered
257	257	4 with the Putative Father Registry in accordance with Section
258	258	5 12.1 of the Adoption Act and whose paternity has not been ruled
259	259	6 out under the law of this or another jurisdiction. It does not
260	260	7 include a parent whose rights in respect to the minor have been
261	261	8 terminated in any manner provided by law. It does not include a
262	262	9 person who has been or could be determined to be a parent under
263	263	10 the Illinois Parentage Act of 1984 or the Illinois Parentage
264	264	11 Act of 2015, or similar parentage law in any other state, if
265	265	12 that person has been convicted of or pled nolo contendere to a
266	266	13 crime that resulted in the conception of the child under
267	267	14 Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
268	268	15 12-14.1, subsection (a) or (b) (but not subsection (c)) of
269	269	16 Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
270	270	17 (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
271	271	18 Criminal Code of 1961 or the Criminal Code of 2012, or similar
272	272	19 statute in another jurisdiction unless upon motion of any
273	273	20 party, other than the offender, to the juvenile court
274	274	21 proceedings the court finds it is in the child's best interest
275	275	22 to deem the offender a parent for purposes of the juvenile
276	276	23 court proceedings.
277	277	24 (11.1) "Permanency goal" means a goal set by the court as
278	278	25 defined in subdivision (2) of Section 2-28.
279	279	26 (11.2) "Permanency hearing" means a hearing to set the
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290	290	1 permanency goal and to review and determine (i) the
291	291	2 appropriateness of the services contained in the plan and
292	292	3 whether those services have been provided, (ii) whether
293	293	4 reasonable efforts have been made by all the parties to the
294	294	5 service plan to achieve the goal, and (iii) whether the plan
295	295	6 and goal have been achieved.
296	296	7 (12) "Petition" means the petition provided for in Section
297	297	8 2-13, 3-15, 4-12, or 5-520, including any supplemental
298	298	9 petitions thereunder in Section 3-15, 4-12, or 5-520.
299	299	10 (12.1) "Physically capable adult relative" means a person
300	300	11 21 years of age or older who does not have a severe physical
301	301	12 disability or medical condition, or is not suffering from
302	302	13 alcoholism or drug addiction, that prevents the person from
303	303	14 providing the care necessary to safeguard the physical safety
304	304	15 and welfare of a minor who is left in that person's care by the
305	305	16 parent or parents or other person responsible for the minor's
306	306	17 welfare.
307	307	18 (12.2) "Post Permanency Sibling Contact Agreement" has the
308	308	19 meaning ascribed to the term in Section 7.4 of the Children and
309	309	20 Family Services Act.
310	310	21 (12.3) "Residential treatment center" means a licensed
311	311	22 setting that provides 24-hour care to children in a group home
312	312	23 or institution, including a facility licensed as a child care
313	313	24 institution under Section 2.06 of the Child Care Act of 1969, a
314	314	25 licensed group home under Section 2.16 of the Child Care Act of
315	315	26 1969, a qualified residential treatment program under Section
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326	326	1 2.35 of the Child Care Act of 1969, a secure child care
327	327	2 facility as defined in paragraph (18) of this Section, or any
328	328	3 similar facility in another state. "Residential treatment
329	329	4 center" does not include a relative foster home or a licensed
330	330	5 foster family home.
331	331	6 (13) "Residual parental rights and responsibilities" means
332	332	7 those rights and responsibilities remaining with the parent
333	333	8 after the transfer of legal custody or guardianship of the
334	334	9 person, including, but not necessarily limited to, the right
335	335	10 to reasonable visitation (which may be limited by the court in
336	336	11 the best interests of the minor as provided in subsection
337	337	12 (8)(b) of this Section), the right to consent to adoption, the
338	338	13 right to determine the minor's religious affiliation, and the
339	339	14 responsibility for the minor's support.
340	340	15 (14) "Shelter" means the temporary care of a minor in
341	341	16 physically unrestricting facilities pending court disposition
342	342	17 or execution of court order for placement.
343	343	18 (14.05) "Shelter placement" means a temporary or emergency
344	344	19 placement for a minor, including an emergency foster home
345	345	20 placement.
346	346	21 (14.1) "Sibling Contact Support Plan" has the meaning
347	347	22 ascribed to the term in Section 7.4 of the Children and Family
348	348	23 Services Act.
349	349	24 (14.2) "Significant event report" means a written document
350	350	25 describing an occurrence or event beyond the customary
351	351	26 operations, routines, or relationships in the Department of
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362	362	1 Children of Family Services, a child care facility, or other
363	363	2 entity that is licensed or regulated by the Department of
364	364	3 Children of Family Services or that provides services for the
365	365	4 Department of Children of Family Services under a grant,
366	366	5 contract, or purchase of service agreement; involving children
367	367	6 or youth, employees, foster parents, or relative caregivers;
368	368	7 allegations of abuse or neglect or any other incident raising
369	369	8 a concern about the well-being of a minor under the
370	370	9 jurisdiction of the court under Article II of the Juvenile
371	371	10 Court Act of 1987; incidents involving damage to property,
372	372	11 allegations of criminal activity, misconduct, or other
373	373	12 occurrences affecting the operations of the Department of
374	374	13 Children of Family Services or a child care facility; any
375	375	14 incident that could have media impact; and unusual incidents
376	376	15 as defined by Department of Children and Family Services rule.
377	377	16 (15) "Station adjustment" means the informal handling of
378	378	17 an alleged offender by a juvenile police officer.
379	379	18 (16) "Ward of the court" means a minor who is so adjudged
380	380	19 under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
381	381	20 the requisite jurisdictional facts, and thus is subject to the
382	382	21 dispositional powers of the court under this Act.
383	383	22 (17) "Juvenile police officer" means a sworn police
384	384	23 officer who has completed a Basic Recruit Training Course, has
385	385	24 been assigned to the position of juvenile police officer by
386	386	25 the officer's chief law enforcement officer and has completed
387	387	26 the necessary juvenile officers training as prescribed by the
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398	398	1 Illinois Law Enforcement Training Standards Board, or in the
399	399	2 case of a State police officer, juvenile officer training
400	400	3 approved by the Director of the Illinois State Police.
401	401	4 (18) "Secure child care facility" means any child care
402	402	5 facility licensed by the Department of Children and Family
403	403	6 Services to provide secure living arrangements for children
404	404	7 under 18 years of age who are subject to placement in
405	405	8 facilities under the Children and Family Services Act and who
406	406	9 are not subject to placement in facilities for whom standards
407	407	10 are established by the Department of Corrections under Section
408	408	11 3-15-2 of the Unified Code of Corrections. "Secure child care
409	409	12 facility" also means a facility that is designed and operated
410	410	13 to ensure that all entrances and exits from the facility, a
411	411	14 building, or a distinct part of the building are under the
412	412	15 exclusive control of the staff of the facility, whether or not
413	413	16 the child has the freedom of movement within the perimeter of
414	414	17 the facility, building, or distinct part of the building.
415	415	18 (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
416	416	19 103-564, eff. 11-17-23.)
417	417	20 (705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
418	418	21 Sec. 2-17. Guardian ad litem.
419	419	22 (1) Immediately upon the filing of a petition alleging
420	420	23 that the minor is a person described in Sections 2-3 or 2-4 of
421	421	24 this Article, the court shall appoint a guardian ad litem for
422	422	25 the minor if:
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433	433	1 (a) such petition alleges that the minor is an abused
434	434	2 or neglected child; or
435	435	3 (b) such petition alleges that charges alleging the
436	436	4 commission of any of the sex offenses defined in Article
437	437	5 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
438	438	6 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
439	439	7 Criminal Code of 1961 or the Criminal Code of 2012, have
440	440	8 been filed against a defendant in any court and that such
441	441	9 minor is the alleged victim of the acts of the defendant in
442	442	10 the commission of such offense.
443	443	11 Unless the guardian ad litem appointed pursuant to this
444	444	12 paragraph (1) is an attorney at law, the guardian ad litem
445	445	13 shall be represented in the performance of the guardian ad
446	446	14 litem's duties by counsel. The guardian ad litem shall
447	447	15 represent the best interests of the minor and shall present
448	448	16 recommendations to the court consistent with that duty.
449	449	17 (2) Before proceeding with the hearing, the court shall
450	450	18 appoint a guardian ad litem for the minor if:
451	451	19 (a) no parent, guardian, custodian or relative of the
452	452	20 minor appears at the first or any subsequent hearing of
453	453	21 the case;
454	454	22 (b) the petition prays for the appointment of a
455	455	23 guardian with power to consent to adoption; or
456	456	24 (c) the petition for which the minor is before the
457	457	25 court resulted from a report made pursuant to the Abused
458	458	26 and Neglected Child Reporting Act.
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469	469	1 (3) The court may appoint a guardian ad litem for the minor
470	470	2 whenever it finds that there may be a conflict of interest
471	471	3 between the minor and the minor's parents or other custodian
472	472	4 or that it is otherwise in the minor's best interest to do so.
473	473	5 (4) Unless the guardian ad litem is an attorney, the
474	474	6 guardian ad litem shall be represented by counsel.
475	475	7 (4.5) Pursuant to Section 6b-1 of the Children and Family
476	476	8 Services Act, the Department of Children and Family Services
477	477	9 must maintain the name, electronic mail address, and telephone
478	478	10 number for each minor's court-appointed guardian ad litem and,
479	479	11 if applicable, the guardian ad litem's supervisor. The
480	480	12 Department of Children and Family Services must update this
481	481	13 contact information within 5 days of receiving notice of a
482	482	14 change. The Advocacy Office for Children and Families,
483	483	15 established pursuant to Section 5e of the Children and Family
484	484	16 Services Act, must make this contact information available to
485	485	17 the minor, current foster parent or caregiver, or caseworker,
486	486	18 if requested.
487	487	19 (5) The reasonable fees of a guardian ad litem appointed
488	488	20 under this Section shall be fixed by the court and charged to
489	489	21 the parents of the minor, to the extent they are able to pay.
490	490	22 If the parents are unable to pay those fees, they shall be paid
491	491	23 from the general fund of the county.
492	492	24 (6) A guardian ad litem appointed under this Section,
493	493	25 shall receive copies of any and all classified reports of
494	494	26 child abuse and neglect made under the Abused and Neglected
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505	505	1 Child Reporting Act in which the minor who is the subject of a
506	506	2 report under the Abused and Neglected Child Reporting Act, is
507	507	3 also the minor for whom the guardian ad litem is appointed
508	508	4 under this Section.
509	509	5 (6.5) A guardian ad litem appointed under this Section or
510	510	6 attorney appointed under this Act shall receive a copy of each
511	511	7 significant event report that involves the minor no later than
512	512	8 3 days after the Department learns of an event requiring a
513	513	9 significant event report to be written, or earlier as required
514	514	10 by Department rule.
515	515	11 (7) The appointed guardian ad litem shall remain the
516	516	12 minor's guardian ad litem throughout the entire juvenile trial
517	517	13 court proceedings, including permanency hearings and
518	518	14 termination of parental rights proceedings, unless there is a
519	519	15 substitution entered by order of the court.
520	520	16 (8) The guardian ad litem or an agent of the guardian ad
521	521	17 litem shall do the following:
522	522	18 (A) have a minimum of one in-person contact with the
523	523	19 minor and one contact with one of the current foster
524	524	20 parents or caregivers prior to the adjudicatory hearing; ,
525	525	21 and
526	526	22 (B) at least one additional in-person contact with the
527	527	23 child and one contact with one of the current foster
528	528	24 parents or caregivers after the adjudicatory hearing but
529	529	25 prior to the first permanency hearing; and
530	530	26 (C) one additional in-person contact with the child
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541	541	1 and one contact with one of the current foster parents or
542	542	2 caregivers each subsequent year; .
543	543	3 (D) meet with a child who has been exposed to domestic
544	544	4 violence in an age-appropriate manner for at least an hour
545	545	5 before the issuance of any judicial decision affecting the
546	546	6 parental rights of the child; and
547	547	7 (E) meet with the child for at least an hour every 3
548	548	8 months and provide a written update to the court at least
549	549	9 every six months.
550	550	10 (F) For good cause shown, the judge may excuse
551	551	11 face-to-face interviews required in this subsection.
552	552	12 (9) In counties with a population of 100,000 or more but
553	553	13 less than 3,000,000, each guardian ad litem must successfully
554	554	14 complete a training program approved by the Department of
555	555	15 Children and Family Services. The Department of Children and
556	556	16 Family Services shall provide training materials and documents
557	557	17 to guardians ad litem who are not mandated to attend the
558	558	18 training program. The Department of Children and Family
559	559	19 Services shall develop and distribute to all guardians ad
560	560	20 litem a bibliography containing information including but not
561	561	21 limited to the juvenile court process, termination of parental
562	562	22 rights, child development, medical aspects of child abuse, and
563	563	23 the child's need for safety and permanence.
564	564	24 (Source: P.A. 102-208, eff. 7-30-21; 103-22, eff. 8-8-23.)
565	565	25 Section 10. The Illinois Marriage and Dissolution of
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576	576	1 Marriage Act is amended by changing Section 506 as follows:
577	577	2 (750 ILCS 5/506) (from Ch. 40, par. 506)
578	578	3 Sec. 506. Representation of child.
579	579	4 (a) Appointment Duties. In any proceedings involving the
580	580	5 support, custody, visitation, allocation of parental
581	581	6 responsibilities, education, parentage, property interest, or
582	582	7 general welfare of a minor or dependent child, the court may,
583	583	8 on its own motion or that of any party, appoint an attorney to
584	584	9 serve in one of the following capacities to address the issues
585	585	10 the court delineates:
586	586	11 (1) Attorney. The attorney shall provide independent
587	587	12 legal counsel for the child and shall owe the same duties
588	588	13 of undivided loyalty, confidentiality, and competent
589	589	14 representation as are due an adult client.
590	590	15 (2) Guardian ad litem qualifications. A guardian ad
591	591	16 litem must either be one of the following: .
592	592	17 (A) an attorney licensed in Illinois to practice
593	593	18 law; or
594	594	19 (B) a person who holds at a minimum a bachelor's
595	595	20 degree in psychology, psychiatry, social work,
596	596	21 education, or any other relevant child-related
597	597	22 discipline involving determining a child's best
598	598	23 interests.
599	599	24 (C) Duties of a guardian ad litem. The guardian ad
600	600	25 litem shall do the following:
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611	611	1 (i) investigate the facts of the case and
612	612	2 interview the child and the parties; .
613	613	3 (ii) unless Unless the court directs
614	614	4 otherwise, the guardian ad litem shall submit to
615	615	5 the court and the parties a written report,
616	616	6 written recommendations, or a proposed parenting
617	617	7 plan, in accordance with the child's best
618	618	8 interests, not less than 30 days before a final
619	619	9 hearing or trial. The guardian ad litem's written
620	620	10 report or written recommendations shall be
621	621	11 admitted into evidence without the need for
622	622	12 foundation. The guardian ad litem shall be
623	623	13 available for deposition before a final hearing or
624	624	14 trial notwithstanding any other discovery cutoff.
625	625	15 The guardian ad litem may be called as a witness
626	626	16 for purposes of cross-examination regarding the
627	627	17 guardian ad litem's report or recommendations. At
628	628	18 the discretion of the court, the guardian ad
629	629	19 litem:
630	630	20 (iii) unless (i) may be present for all
631	631	21 proceedings, including in camera examinations of
632	632	22 the child;
633	633	23 (iv) unless (ii) may issue subpoenas for
634	634	24 records as part of the guardian ad litem's
635	635	25 investigation; and
636	636	26 (v) unless (iii) may file pleadings relating
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647	647	1 to procedural matters.
648	648	2 (vi) meet with a child who has been exposed to
649	649	3 domestic violence in an age-appropriate manner for
650	650	4 at least an hour before the issuance of any
651	651	5 judicial decision affecting the parental rights of
652	652	6 the child; and
653	653	7 (vii) meet with the child for at least an hour
654	654	8 every 3 months and provide a written update to the
655	655	9 court at least every six months.
656	656	10 (D) Training of a guardian ad litem. A guardian
657	657	11 litem must receive training as ordered by the Supreme
658	658	12 Court of Illinois to ensure they have a fundamental
659	659	13 working knowledge of abuser tactics and its effects on
660	660	14 children in domestic violence cases.
661	661	15 (3) Child representative. The child representative
662	662	16 shall advocate what the child representative finds to be
663	663	17 in the best interests of the child after reviewing the
664	664	18 facts and circumstances of the case. The child
665	665	19 representative shall meet with the child and the parties,
666	666	20 investigate the facts of the case, and encourage
667	667	21 settlement and the use of alternative forms of dispute
668	668	22 resolution. The child representative shall have the same
669	669	23 authority and obligation to participate in the litigation
670	670	24 as does an attorney for a party and shall possess all the
671	671	25 powers of investigation as does a guardian ad litem. The
672	672	26 child representative shall consider, but not be bound by,
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683	683	1 the expressed wishes of the child. A child representative
684	684	2 shall have received training in child advocacy or shall
685	685	3 possess such experience as determined to be equivalent to
686	686	4 such training by the chief judge of the circuit where the
687	687	5 child representative has been appointed. The child
688	688	6 representative shall not disclose confidential
689	689	7 communications made by the child, except as required by
690	690	8 law or by the Rules of Professional Conduct. The child
691	691	9 representative shall not render an opinion,
692	692	10 recommendation, or report to the court and shall not be
693	693	11 called as a witness, but shall offer evidence-based legal
694	694	12 arguments. The child representative shall disclose the
695	695	13 position as to what the child representative intends to
696	696	14 advocate in a pre-trial memorandum that shall be served
697	697	15 upon all counsel of record prior to the trial. The
698	698	16 position disclosed in the pre-trial memorandum shall not
699	699	17 be considered evidence. The court and the parties may
700	700	18 consider the position of the child representative for
701	701	19 purposes of a settlement conference.
702	702	20 (a-3) Additional appointments. During the proceedings the
703	703	21 court may appoint an additional attorney to serve in the
704	704	22 capacity described in subdivision (a)(1) or an additional
705	705	23 attorney to serve in another of the capacities described in
706	706	24 subdivision (a)(2) or (a)(3) on the court's own motion or that
707	707	25 of a party only for good cause shown and when the reasons for
708	708	26 the additional appointment are set forth in specific findings.
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719	719	1 (a-5) Appointment considerations. In deciding whether to
720	720	2 make an appointment of an attorney for the minor child, a
721	721	3 guardian ad litem, or a child representative, the court shall
722	722	4 consider the nature and adequacy of the evidence to be
723	723	5 presented by the parties and the availability of other methods
724	724	6 of obtaining information, including social service
725	725	7 organizations and evaluations by mental health professions, as
726	726	8 well as resources for payment.
727	727	9 In no event is this Section intended to or designed to
728	728	10 abrogate the decision making power of the trier of fact. Any
729	729	11 appointment made under this Section is not intended to nor
730	730	12 should it serve to place any appointed individual in the role
731	731	13 of a surrogate judge.
732	732	14 (b) Fees and costs. The court shall enter an order as
733	733	15 appropriate for costs, fees, and disbursements, including a
734	734	16 retainer, when the attorney, guardian ad litem, or child's
735	735	17 representative is appointed. Any person appointed under this
736	736	18 Section shall file with the court within 90 days of his or her
737	737	19 appointment, and every subsequent 90-day period thereafter
738	738	20 during the course of his or her representation, a detailed
739	739	21 invoice for services rendered with a copy being sent to each
740	740	22 party. The court shall review the invoice submitted and
741	741	23 approve the fees, if they are reasonable and necessary. Any
742	742	24 order approving the fees shall require payment by either or
743	743	25 both parents, by any other party or source, or from the marital
744	744	26 estate or the child's separate estate. The court may not order
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