Illinois 2025-2026 Regular Session

Illinois House Bill HB3416 Compare Versions

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

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1	1	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
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3416 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/2-17 from Ch. 37, par. 802-17 705 ILCS 405/2-17 from Ch. 37, par. 802-17
4	4	705 ILCS 405/2-17 from Ch. 37, par. 802-17
5	5	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.
6	6	LRB104 10753 RLC 20832 b LRB104 10753 RLC 20832 b
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8	8	A BILL FOR
9	9	HB3416LRB104 10753 RLC 20832 b HB3416 LRB104 10753 RLC 20832 b
10	10	HB3416 LRB104 10753 RLC 20832 b
11	11	1 AN ACT concerning courts.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Juvenile Court Act of 1987 is amended by
15	15	5 changing Section 2-17 as follows:
16	16	6 (705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
17	17	7 Sec. 2-17. Guardian ad litem.
18	18	8 (1) Immediately upon the filing of a petition alleging
19	19	9 that the minor is a person described in Sections 2-3 or 2-4 of
20	20	10 this Article, the court shall appoint a guardian ad litem for
21	21	11 the minor if:
22	22	12 (a) such petition alleges that the minor is an abused
23	23	13 or neglected child; or
24	24	14 (b) such petition alleges that charges alleging the
25	25	15 commission of any of the sex offenses defined in Article
26	26	16 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
27	27	17 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
28	28	18 Criminal Code of 1961 or the Criminal Code of 2012, have
29	29	19 been filed against a defendant in any court and that such
30	30	20 minor is the alleged victim of the acts of the defendant in
31	31	21 the commission of such offense.
32	32	22 Unless the guardian ad litem appointed pursuant to this
33	33	23 paragraph (1) is an attorney at law, the guardian ad litem
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3416 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
38	38	705 ILCS 405/2-17 from Ch. 37, par. 802-17 705 ILCS 405/2-17 from Ch. 37, par. 802-17
39	39	705 ILCS 405/2-17 from Ch. 37, par. 802-17
40	40	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.
41	41	LRB104 10753 RLC 20832 b LRB104 10753 RLC 20832 b
42	42	LRB104 10753 RLC 20832 b
43	43	A BILL FOR
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49	49	705 ILCS 405/2-17 from Ch. 37, par. 802-17
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68	68	1 shall be represented in the performance of the guardian ad
69	69	2 litem's duties by counsel. The guardian ad litem shall
70	70	3 represent the best interests of the minor and shall present
71	71	4 recommendations to the court consistent with that duty.
72	72	5 (2) Before proceeding with the hearing, the court shall
73	73	6 appoint a guardian ad litem for the minor if:
74	74	7 (a) no parent, guardian, custodian or relative of the
75	75	8 minor appears at the first or any subsequent hearing of
76	76	9 the case;
77	77	10 (b) the petition prays for the appointment of a
78	78	11 guardian with power to consent to adoption; or
79	79	12 (c) the petition for which the minor is before the
80	80	13 court resulted from a report made pursuant to the Abused
81	81	14 and Neglected Child Reporting Act.
82	82	15 (3) The court may appoint a guardian ad litem for the minor
83	83	16 whenever it finds that there may be a conflict of interest
84	84	17 between the minor and the minor's parents or other custodian
85	85	18 or that it is otherwise in the minor's best interest to do so.
86	86	19 (4) Unless the guardian ad litem is an attorney, the
87	87	20 guardian ad litem shall be represented by counsel.
88	88	21 (4.5) Pursuant to Section 6b-1 of the Children and Family
89	89	22 Services Act, the Department of Children and Family Services
90	90	23 must maintain the name, electronic mail address, and telephone
91	91	24 number for each minor's court-appointed guardian ad litem and,
92	92	25 if applicable, the guardian ad litem's supervisor. The
93	93	26 Department of Children and Family Services must update this
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104	104	1 contact information within 5 days of receiving notice of a
105	105	2 change. The Advocacy Office for Children and Families,
106	106	3 established pursuant to Section 5e of the Children and Family
107	107	4 Services Act, must make this contact information available to
108	108	5 the minor, current foster parent or caregiver, or caseworker,
109	109	6 if requested.
110	110	7 (5) The reasonable fees of a guardian ad litem appointed
111	111	8 under this Section shall be fixed by the court and charged to
112	112	9 the parents of the minor, to the extent they are able to pay.
113	113	10 If the parents are unable to pay those fees, they shall be paid
114	114	11 from the general fund of the county.
115	115	12 (6) A guardian ad litem appointed under this Section,
116	116	13 shall receive copies of any and all classified reports of
117	117	14 child abuse and neglect made under the Abused and Neglected
118	118	15 Child Reporting Act in which the minor who is the subject of a
119	119	16 report under the Abused and Neglected Child Reporting Act, is
120	120	17 also the minor for whom the guardian ad litem is appointed
121	121	18 under this Section.
122	122	19 (6.5) A guardian ad litem appointed under this Section or
123	123	20 attorney appointed under this Act shall receive a copy of each
124	124	21 significant event report that involves the minor no later than
125	125	22 3 days after the Department learns of an event requiring a
126	126	23 significant event report to be written, or earlier as required
127	127	24 by Department rule.
128	128	25 (7) The appointed guardian ad litem shall remain the
129	129	26 minor's guardian ad litem throughout the entire juvenile trial
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140	140	1 court proceedings, including permanency hearings and
141	141	2 termination of parental rights proceedings, unless there is a
142	142	3 substitution entered by order of the court. A parent may
143	143	4 request one substitution of a guardian ad litem during the
144	144	5 entire juvenile court proceedings, upon request to the judge.
145	145	6 The judge shall review the request and grant the substitution
146	146	7 if the judge finds that the parent has good cause for believing
147	147	8 that the guardian ad litem is not fulfilling his or her duties.
148	148	9 (8) The guardian ad litem or an agent of the guardian ad
149	149	10 litem shall have a minimum of one in-person contact with the
150	150	11 minor and one contact with one of the current foster parents or
151	151	12 caregivers prior to the adjudicatory hearing, and at least one
152	152	13 additional in-person contact with the child and one contact
153	153	14 with one of the current foster parents or caregivers after the
154	154	15 adjudicatory hearing but prior to the first permanency hearing
155	155	16 and one additional in-person contact with the child and one
156	156	17 contact with one of the current foster parents or caregivers
157	157	18 each subsequent year. For good cause shown, the judge may
158	158	19 excuse face-to-face interviews required in this subsection.
159	159	20 (9) In counties with a population of 100,000 or more but
160	160	21 less than 3,000,000, each guardian ad litem must successfully
161	161	22 complete a training program approved by the Department of
162	162	23 Children and Family Services. The Department of Children and
163	163	24 Family Services shall provide training materials and documents
164	164	25 to guardians ad litem who are not mandated to attend the
165	165	26 training program. The Department of Children and Family
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