104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3416 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED: 705 ILCS 405/2-17 from Ch. 37, par. 802-17 Amends the Juvenile Court Act of 1987. Provides that a parent may request one substitution of a guardian ad litem during the entire juvenile court proceedings, upon request to the judge. Provides that the judge shall review the request and grant the substitution if the judge finds that the parent has good cause for believing that the guardian ad litem is not fulfilling his or her duties. Provides that the bibliography containing information developed and distributed to guardians ad litem by the Department of Children and Family Services shall contain information on the effects of trauma and household domestic violence on children and teens and on mental health disorders. LRB104 10753 RLC 20832 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3416 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED: 705 ILCS 405/2-17 from Ch. 37, par. 802-17 705 ILCS 405/2-17 from Ch. 37, par. 802-17 Amends the Juvenile Court Act of 1987. Provides that a parent may request one substitution of a guardian ad litem during the entire juvenile court proceedings, upon request to the judge. Provides that the judge shall review the request and grant the substitution if the judge finds that the parent has good cause for believing that the guardian ad litem is not fulfilling his or her duties. Provides that the bibliography containing information developed and distributed to guardians ad litem by the Department of Children and Family Services shall contain information on the effects of trauma and household domestic violence on children and teens and on mental health disorders. LRB104 10753 RLC 20832 b LRB104 10753 RLC 20832 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3416 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
705 ILCS 405/2-17 from Ch. 37, par. 802-17 705 ILCS 405/2-17 from Ch. 37, par. 802-17
705 ILCS 405/2-17 from Ch. 37, par. 802-17
Amends the Juvenile Court Act of 1987. Provides that a parent may request one substitution of a guardian ad litem during the entire juvenile court proceedings, upon request to the judge. Provides that the judge shall review the request and grant the substitution if the judge finds that the parent has good cause for believing that the guardian ad litem is not fulfilling his or her duties. Provides that the bibliography containing information developed and distributed to guardians ad litem by the Department of Children and Family Services shall contain information on the effects of trauma and household domestic violence on children and teens and on mental health disorders.
LRB104 10753 RLC 20832 b LRB104 10753 RLC 20832 b
LRB104 10753 RLC 20832 b
A BILL FOR
HB3416LRB104 10753 RLC 20832 b HB3416 LRB104 10753 RLC 20832 b
HB3416 LRB104 10753 RLC 20832 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 as follows:
6 (705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
7 Sec. 2-17. Guardian ad litem.
8 (1) Immediately upon the filing of a petition alleging
9 that the minor is a person described in Sections 2-3 or 2-4 of
10 this Article, the court shall appoint a guardian ad litem for
11 the minor if:
12 (a) such petition alleges that the minor is an abused
13 or neglected child; or
14 (b) such petition alleges that charges alleging the
15 commission of any of the sex offenses defined in Article
16 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
17 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
18 Criminal Code of 1961 or the Criminal Code of 2012, have
19 been filed against a defendant in any court and that such
20 minor is the alleged victim of the acts of the defendant in
21 the commission of such offense.
22 Unless the guardian ad litem appointed pursuant to this
23 paragraph (1) is an attorney at law, the guardian ad litem
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3416 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
705 ILCS 405/2-17 from Ch. 37, par. 802-17 705 ILCS 405/2-17 from Ch. 37, par. 802-17
705 ILCS 405/2-17 from Ch. 37, par. 802-17
Amends the Juvenile Court Act of 1987. Provides that a parent may request one substitution of a guardian ad litem during the entire juvenile court proceedings, upon request to the judge. Provides that the judge shall review the request and grant the substitution if the judge finds that the parent has good cause for believing that the guardian ad litem is not fulfilling his or her duties. Provides that the bibliography containing information developed and distributed to guardians ad litem by the Department of Children and Family Services shall contain information on the effects of trauma and household domestic violence on children and teens and on mental health disorders.
LRB104 10753 RLC 20832 b LRB104 10753 RLC 20832 b
LRB104 10753 RLC 20832 b
A BILL FOR
705 ILCS 405/2-17 from Ch. 37, par. 802-17
LRB104 10753 RLC 20832 b
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1 shall be represented in the performance of the guardian ad
2 litem's duties by counsel. The guardian ad litem shall
3 represent the best interests of the minor and shall present
4 recommendations to the court consistent with that duty.
5 (2) Before proceeding with the hearing, the court shall
6 appoint a guardian ad litem for the minor if:
7 (a) no parent, guardian, custodian or relative of the
8 minor appears at the first or any subsequent hearing of
9 the case;
10 (b) the petition prays for the appointment of a
11 guardian with power to consent to adoption; or
12 (c) the petition for which the minor is before the
13 court resulted from a report made pursuant to the Abused
14 and Neglected Child Reporting Act.
15 (3) The court may appoint a guardian ad litem for the minor
16 whenever it finds that there may be a conflict of interest
17 between the minor and the minor's parents or other custodian
18 or that it is otherwise in the minor's best interest to do so.
19 (4) Unless the guardian ad litem is an attorney, the
20 guardian ad litem shall be represented by counsel.
21 (4.5) Pursuant to Section 6b-1 of the Children and Family
22 Services Act, the Department of Children and Family Services
23 must maintain the name, electronic mail address, and telephone
24 number for each minor's court-appointed guardian ad litem and,
25 if applicable, the guardian ad litem's supervisor. The
26 Department of Children and Family Services must update this
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1 contact information within 5 days of receiving notice of a
2 change. The Advocacy Office for Children and Families,
3 established pursuant to Section 5e of the Children and Family
4 Services Act, must make this contact information available to
5 the minor, current foster parent or caregiver, or caseworker,
6 if requested.
7 (5) The reasonable fees of a guardian ad litem appointed
8 under this Section shall be fixed by the court and charged to
9 the parents of the minor, to the extent they are able to pay.
10 If the parents are unable to pay those fees, they shall be paid
11 from the general fund of the county.
12 (6) A guardian ad litem appointed under this Section,
13 shall receive copies of any and all classified reports of
14 child abuse and neglect made under the Abused and Neglected
15 Child Reporting Act in which the minor who is the subject of a
16 report under the Abused and Neglected Child Reporting Act, is
17 also the minor for whom the guardian ad litem is appointed
18 under this Section.
19 (6.5) A guardian ad litem appointed under this Section or
20 attorney appointed under this Act shall receive a copy of each
21 significant event report that involves the minor no later than
22 3 days after the Department learns of an event requiring a
23 significant event report to be written, or earlier as required
24 by Department rule.
25 (7) The appointed guardian ad litem shall remain the
26 minor's guardian ad litem throughout the entire juvenile trial
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1 court proceedings, including permanency hearings and
2 termination of parental rights proceedings, unless there is a
3 substitution entered by order of the court. A parent may
4 request one substitution of a guardian ad litem during the
5 entire juvenile court proceedings, upon request to the judge.
6 The judge shall review the request and grant the substitution
7 if the judge finds that the parent has good cause for believing
8 that the guardian ad litem is not fulfilling his or her duties.
9 (8) The guardian ad litem or an agent of the guardian ad
10 litem shall have a minimum of one in-person contact with the
11 minor and one contact with one of the current foster parents or
12 caregivers prior to the adjudicatory hearing, and at least one
13 additional in-person contact with the child and one contact
14 with one of the current foster parents or caregivers after the
15 adjudicatory hearing but prior to the first permanency hearing
16 and one additional in-person contact with the child and one
17 contact with one of the current foster parents or caregivers
18 each subsequent year. For good cause shown, the judge may
19 excuse face-to-face interviews required in this subsection.
20 (9) In counties with a population of 100,000 or more but
21 less than 3,000,000, each guardian ad litem must successfully
22 complete a training program approved by the Department of
23 Children and Family Services. The Department of Children and
24 Family Services shall provide training materials and documents
25 to guardians ad litem who are not mandated to attend the
26 training program. The Department of Children and Family
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