98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4203
 
Introduced , by Rep. Dan Brady
 
SYNOPSIS AS INTRODUCED:



  
705 ILCS 405/2-17 from Ch. 37, par. 802-17
750 ILCS 5/601.5

 Amends the Juvenile Court Act of 1987. Provides that the
Department of Children and Family Services shall develop
and
distribute to all guardians ad litem a bibliography containing information
on parental alienation behaviors. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that the training for guardians ad litem shall include a component on the dynamics of parental alienation behaviors and its effect on parents and children. 



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB4203LRB098 15055 RLC 50018 b



1 AN ACT concerning guardians ad litem.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Juvenile Court Act of 1987 is amended by 
5changing 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 that 
9the minor is
a person described in Sections 2-3 or 2-4 of this 
10Article, the court shall
appoint a guardian ad litem for the 
11minor 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 11 
16 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 defendant in the 
21 commission of such offense.

22 Unless the guardian ad litem appointed pursuant to this 
23paragraph
(1) is an attorney at law he shall be represented in 
 
 
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1the performance
of his duties by counsel. The guardian ad litem 
2shall represent the best
interests of the minor and shall 
3present recommendations to the court
consistent with that duty.

4 (2) Before proceeding with the hearing, the court shall

5appoint a guardian ad litem for the minor if


6  (a) no parent, guardian, custodian or relative of the 
7 minor appears
at the first or any subsequent hearing of the 
8 case;


9  (b) the petition prays for the appointment of a 
10 guardian with power
to consent to adoption; or


11  (c) the petition for which the minor is before the 
12 court resulted
from a report made pursuant to the Abused 
13 and Neglected Child Reporting
Act.

14 (3) The court may appoint a guardian ad litem for the minor 
15whenever
it finds that there may be a conflict of interest 
16between the minor and
his parents or other custodian or that it 
17is otherwise in the minor's
best interest to do so.

18 (4) Unless the guardian ad litem is an attorney, he shall 
19be
represented by counsel.

20 (5) The reasonable fees of a guardian ad litem appointed 
21under this
Section shall be fixed by the court and charged to 
22the parents of the
minor, to the extent they are able to pay. 
23If the parents are unable to
pay those fees, they shall be paid 
24from the general fund of the county.

25 (6) A guardian ad litem appointed under this Section, shall 
26receive
copies of any and all classified reports of child abuse 
 
 
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1and neglect made
under the Abused and Neglected Child Reporting 
2Act in which the minor who
is the subject of a report under the 
3Abused and Neglected Child Reporting
Act, is also the minor for 
4whom the guardian ad litem is appointed under
this Section.

5 (7) The appointed
guardian ad
litem shall remain the 
6child's guardian ad litem throughout the entire juvenile
trial 
7court
proceedings, including permanency hearings and 
8termination of parental rights
proceedings, unless there is a 
9substitution entered by order of the court.

10 (8) The guardian
ad
litem or an agent of the guardian ad 
11litem shall have a minimum of one
in-person contact with the 
12minor and one contact with one
of the
current foster parents or 
13caregivers prior to the
adjudicatory hearing, and at
least one 
14additional in-person contact with the child and one contact 
15with
one of the
current foster
parents or caregivers after the 
16adjudicatory hearing but
prior to the first permanency hearing

17and one additional in-person contact with the child and one 
18contact with one
of the current
foster parents or caregivers 
19each subsequent year. For good cause shown, the
judge may 
20excuse face-to-face interviews required in this subsection.

21 (9) In counties with a population of 100,000 or more but 
22less than
3,000,000, each guardian ad litem must successfully 
23complete a training program
approved by the Department of 
24Children and Family Services. The Department of
Children and 
25Family Services shall provide training materials and documents 
26to
guardians ad litem who are not mandated to attend the 
 
 
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1training program. The
Department of Children and Family 
2Services shall develop
and
distribute to all guardians ad litem 
3a bibliography containing information
including but not 
4limited to the juvenile court process, termination of
parental 
5rights, child development, medical aspects of child abuse, 
6parental alienation behaviors, and the
child's need for safety 
7and permanence.

8(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)


9 Section 10. The Illinois Marriage and Dissolution of 
10Marriage Act is amended by changing Section 601.5 as follows:

11 (750 ILCS 5/601.5)

12 Sec. 601.5. Training. The chief circuit judge or designated 
13presiding judge may approve 3 hours of training for guardians 
14ad litem appointed under Section 601 of this Act, professional 
15personnel appointed under Section 604 of this Act, evaluators 
16appointed under Section 604.5 of this Act, and investigators 
17appointed under Section 605 of this Act. This training shall 
18include a component on the dynamics of domestic violence and 
19parental alienation behaviors and their its effect on parents 
20and children.

21(Source: P.A. 94-377, eff. 7-29-05; 95-331, eff. 8-21-07.)