IL SB1478 | 2023-2024 | 103rd General Assembly

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 43-0)
Status: Failed on January 7 2025 - 100% progression
Action: 2025-01-07 - Session Sine Die
Text: Latest bill text (Engrossed) [HTML]

Summary

Amends the Children and Family Services Act. Creates the Due Process for Youth Oversight Commission (Commission) to oversee the creation and implementation of a youth's statutory right to counsel in abuse and neglect proceedings conducted in accordance with the Juvenile Court Act of 1987. Requires the Commission to provide direction and operational phases for implementation statewide, provide status reports and recommendations to the General Assembly regarding implementation, and provide ongoing implementation and program oversight for 5 years after statewide transition is completed. Contains provisions concerning the Commission's membership; term limits; scheduled meetings; data support provided by the Department of Children and Family Services; Commission duties; and the date of the Commission's dissolution. Amends the Foster Children's Bill of Rights Act. Expands the rights afforded to every child placed in foster care to include the right to have a court appoint an attorney to represent the youth in any abuse or neglect case who will advocate for the youth's wishes and make recommendations to the court regarding the youth's care. Provides that this right applies to court proceedings pending or commenced on or after 3 years of the effective date of the amendatory Act or a date established by the Due Process for Youth Oversight Commission, whichever is sooner. Amends the Juvenile Court Act of 1987. Provides that immediately upon the filing of an abuse or neglect petition, the court shall appoint counsel for each minor who is the subject of that petition, unless the minor has already retained counsel. Provides that this requirement shall apply to court proceedings pending or commenced on or after 3 years of the effective date of the amendatory Act or a date established by the Due Process for Youth Oversight Commission, whichever is sooner. Provides that each respondent in any petition filed under the Act who is 8 years of age or older shall be furnished a written "Notice of Rights" at or before the first hearing at which the respondent appears. Provides that counsel appointed by a court to represent a minor in neglect or abuse proceedings shall have a minimum of one in-person contact with the minor prior to each hearing and at least one in-person contact every quarter. Provides that such counsel is prohibited from serving as the minor's guardian ad litem or being employed by the same law office as the minor's guardian ad litem. Provides that the preceding sentence applies to proceedings pending or commenced on or after the effective date established by the Due Process for Youth Oversight Commission. Effective immediately.

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Title

DCFS-DUE PROCESS-YOUTH IN CARE

Sponsors


Roll Calls

2023-03-24 - Senate - Third Reading in Senate (Y: 52 N: 0 NV: 7 Abs: 0) [PASS]

History

DateChamberAction
2025-01-07SenateSession Sine Die
2024-04-15SenateChief Sponsor Changed to Sen. Don Harmon
2023-10-02HouseChief House Sponsor Rep. Kelly M. Cassidy
2023-04-28HouseRule 19(a) / Re-referred to Rules Committee
2023-04-20HouseAdded Alternate Co-Sponsor Rep. Elizabeth "Lisa" Hernandez
2023-04-19SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
2023-04-12HouseAdded Alternate Co-Sponsor Rep. Joyce Mason
2023-04-11HouseAssigned to Judiciary - Civil Committee
2023-03-30HouseAdded Alternate Co-Sponsor Rep. Kevin John Olickal
2023-03-30HouseAdded Alternate Co-Sponsor Rep. Maurice A. West, II
2023-03-30HouseAdded Alternate Co-Sponsor Rep. Abdelnasser Rashid
2023-03-30HouseAdded Alternate Co-Sponsor Rep. Carol Ammons
2023-03-30HouseAdded Alternate Co-Sponsor Rep. Sue Scherer
2023-03-30HouseAdded Alternate Chief Co-Sponsor Rep. Edgar González, Jr.
2023-03-30HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
2023-03-30HouseAdded Alternate Co-Sponsor Rep. Theresa Mah
2023-03-30HouseAdded Alternate Chief Co-Sponsor Rep. Kam Buckner
2023-03-27SenateAdded as Co-Sponsor Sen. Cristina Castro
2023-03-27HouseAdded Alternate Co-Sponsor Rep. Mark L. Walker
2023-03-27HouseAdded Alternate Co-Sponsor Rep. William "Will" Davis
2023-03-27HouseAdded Alternate Co-Sponsor Rep. Aarón M. Ortíz
2023-03-27HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
2023-03-24HouseAlternate Chief Sponsor Removed Rep. Dan Caulkins
2023-03-24HouseAlternate Chief Co-Sponsor Removed Rep. Kelly M. Cassidy
2023-03-24HouseAlternate Chief Sponsor Changed to Rep. Dan Caulkins
2023-03-24HouseAlternate Co-Sponsor Removed Rep. Edgar González, Jr.
2023-03-24HouseAlternate Chief Co-Sponsor Removed Rep. Sue Scherer
2023-03-24HouseReferred to Rules Committee
2023-03-24HouseFirst Reading
2023-03-24HouseAdded Alternate Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
2023-03-24HouseAdded Alternate Chief Co-Sponsor Rep. Sue Scherer
2023-03-24HouseAlternate Co-Sponsor Removed Rep. Marcus C. Evans, Jr.
2023-03-24HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
2023-03-24HouseAdded Alternate Co-Sponsor Rep. Will Guzzardi
2023-03-24HouseAdded Alternate Co-Sponsor Rep. Edgar González, Jr.
2023-03-24HouseAdded Alternate Co-Sponsor Rep. Justin Slaughter
2023-03-24SenateAdded as Co-Sponsor Sen. Laura M. Murphy
2023-03-24HouseAdded Alternate Chief Co-Sponsor Rep. Kelly M. Cassidy
2023-03-24HouseChief House Sponsor Rep. Lakesia Collins
2023-03-24HouseArrived in House
2023-03-24SenateThird Reading - Passed; 052-000-000
2023-03-24SenateAdded as Co-Sponsor Sen. Suzy Glowiak Hilton
2023-03-23SenatePlaced on Calendar Order of 3rd Reading March 24, 2023
2023-03-23SenateSecond Reading
2023-03-23SenateAdded as Co-Sponsor Sen. Emil Jones, III
2023-03-22SenatePlaced on Calendar Order of 2nd Reading March 23, 2023
2023-03-22SenateDo Pass as Amended Judiciary; 009-000-000
2023-03-21SenateSenate Committee Amendment No. 1 Adopted; Judiciary
2023-03-20SenateAdded as Co-Sponsor Sen. Doris Turner
2023-03-17SenateAdded as Co-Sponsor Sen. Mike Porfirio
2023-03-10SenateRule 2-10 Committee Deadline Established As March 24, 2023
2023-02-22SenateAdded as Co-Sponsor Sen. Javier L. Cervantes
2023-02-22SenateAdded as Co-Sponsor Sen. Laura Fine
2023-02-21SenateAdded as Chief Co-Sponsor Sen. Christopher Belt
2023-02-21SenateAdded as Co-Sponsor Sen. Rachel Ventura
2023-02-21SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
2023-02-21SenateAdded as Chief Co-Sponsor Sen. Elgie R. Sims, Jr.
2023-02-17SenateAdded as Chief Co-Sponsor Sen. Patrick J. Joyce
2023-02-17SenateAdded as Co-Sponsor Sen. Cristina H. Pacione-Zayas
2023-02-17SenateAdded as Co-Sponsor Sen. Mary Edly-Allen
2023-02-16SenateAdded as Co-Sponsor Sen. David Koehler
2023-02-16SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
2023-02-16SenateAdded as Co-Sponsor Sen. Adriane Johnson
2023-02-16SenateAdded as Co-Sponsor Sen. Robert Peters
2023-02-16SenateAdded as Co-Sponsor Sen. Mike Simmons
2023-02-16SenateSenate Committee Amendment No. 1 Referred to Assignments
2023-02-16SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Ann Gillespie
2023-02-15SenateAdded as Co-Sponsor Sen. Omar Aquino
2023-02-15SenateAdded as Co-Sponsor Sen. Karina Villa
2023-02-15SenateAdded as Co-Sponsor Sen. Celina Villanueva
2023-02-14SenateAssigned to Judiciary
2023-02-07SenateReferred to Assignments
2023-02-07SenateFirst Reading
2023-02-07SenateFiled with Secretary by Sen. Ann Gillespie

Code Citations

ChapterArticleSectionCitation TypeStatute Text
2050517a-16New CodeSee Bill Text
205215Amended CodeCitation Text
7054051-5Amended CodeCitation Text
7054051-6.5New CodeSee Bill Text

Illinois State Sources


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