Bill Text: IL HB4906 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Requires (rather than gives discretion to the court) to appoint a special advocate upon the filing of a petition to declare a minor an abused, neglected, or dependent minor and to adjudge the minor a ward of the court. Establishes qualifications of a court appointed special advocate. Provides that a court appointed special advocate shall: (1) conduct an independent assessment to determine the facts and circumstances surrounding the case by monitoring compliance with the court order; (2) maintain regular and sufficient in-person contact with the minor; (3) submit written reports to the court regarding the minor's best interests; (4) advocate for timely court hearings to obtain permanency for the minor; (5) be notified of all administrative case reviews pertaining to the minor as defined by and work with the parties' attorneys, the guardian ad litem, and others assigned to the minor's case to protect the minor's health, safety and best interests and insure the proper delivery of child welfare services; (6) attend all court hearings and other proceedings to advocate for the minor's best interests; (7) monitor compliance with the case plan and all court orders; and (8) review all court related documents. Provides that upon presentation of an order of appointment, a court appointed special advocate shall have access to all records and information relevant to the minor's case. Provides that all records and information acquired, reviewed, or produced by a court appointed special advocate during the course of his or her appointment shall be deemed confidential and shall not be disclosed except as ordered by the court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4906 Detail]

Download: Illinois-2019-HB4906-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4906 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
705 ILCS 405/2-17.1
Amends the Juvenile Court Act of 1987. Requires (rather than gives discretion to the court) to appoint a special advocate upon the filing of a petition to declare a minor an abused, neglected, or dependent minor and to adjudge the minor a ward of the court. Establishes qualifications of a court appointed special advocate. Provides that a court appointed special advocate shall: (1) conduct an independent assessment to determine the facts and circumstances surrounding the case by monitoring compliance with the court order; (2) maintain regular and sufficient in-person contact with the minor; (3) submit written reports to the court regarding the minor's best interests; (4) advocate for timely court hearings to obtain permanency for the minor; (5) be notified of all administrative case reviews pertaining to the minor as defined by and work with the parties' attorneys, the guardian ad litem, and others assigned to the minor's case to protect the minor's health, safety and best interests and insure the proper delivery of child welfare services; (6) attend all court hearings and other proceedings to advocate for the minor's best interests; (7) monitor compliance with the case plan and all court orders; and (8) review all court related documents. Provides that upon presentation of an order of appointment, a court appointed special advocate shall have access to all records and information relevant to the minor's case. Provides that all records and information acquired, reviewed, or produced by a court appointed special advocate during the course of his or her appointment shall be deemed confidential and shall not be disclosed except as ordered by the court.
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A BILL FOR
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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 2-17.1 as follows:
(705 ILCS 405/2-17.1)
Sec. 2-17.1. Court appointed special advocate.
(1) The court shall may appoint a special advocate upon the
filing of a petition under this Article or at any time during
the pendency of a proceeding under this Article. Except in
counties with a population over 3,000,000 or within the
counties that do not have a court appointed special advocate
program established, the court appointed special advocate may
also serve as guardian ad litem by appointment of the court
under Section 2-17 of this Act.
(l.1) In this Section, "court appointed special advocate"
means a community volunteer who:
(A) is of the age of the majority;
(B) shall receive training with State and nationally
developed standards;
(C) has been screened and trained regarding child abuse
and neglect, child development, and juvenile court
proceedings according to the standards of the National

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Court Appointed Special Advocate (CASA) Association;
(D) is being actively supervised by a court appointed
special advocate program in good standing with the Illinois
Association of Court Appointed Special Advocates; and
(E) has been sworn in by a judge of the circuit court
of the county in which he or she wishes to serve;
Court appointed special advocate programs shall
promote policies, practices, and procedures that are
culturally competent. In this Section, "cultural competency"
means the capacity to function in more than one culture,
requiring the ability to appreciate, understand, and interact
with members of diverse populations within the local community.
(2) The court appointed special advocate shall:
(A) conduct an independent assessment to determine the
facts and circumstances surrounding the case by monitoring
compliance with the court order;
(B) maintain regular and sufficient in-person contact
with the minor;
(C) submit written reports to the court regarding the
minor's best interests;
(D) advocate for timely court hearings to obtain
permanency for the minor;
(E) be notified of all administrative case reviews
pertaining to the minor as defined by and work with the
parties' attorneys, the guardian ad litem, and others
assigned to the minor's case to protect the minor's health,

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safety and best interests and insure the proper delivery of
child welfare services;
(F) attend all court hearings and other proceedings to
advocate for the minor's best interests;
(G) monitor compliance with the case plan and all court
orders; and
(H) review all court related documents.
act as a monitor and shall be notified of all
administrative case reviews pertaining to the minor and
work with the parties' attorneys, the guardian ad litem,
and others assigned to the minor's case to protect the
minor's health, safety and best interests and insure the
proper delivery of child welfare services.
(2.1) The court shall may consider, at its discretion,
testimony of the court appointed special advocate pertaining to
the well-being of the minor child.
(2.2) Upon presentation of an order of appointment, a court
appointed special advocate shall have access to all records and
information relevant to the minor's case.
(2.3) All records and information acquired, reviewed, or
produced by a court appointed special advocate during the
course of his or her appointment shall be deemed confidential
and shall not be disclosed except as ordered by the court.
(3) Court appointed special advocates shall serve as
volunteers without compensation and shall receive training
consistent with nationally developed standards.

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(4) No person convicted of a criminal offense as specified
in Section 4.2 of the Child Care Act of 1969 and no person
identified as a perpetrator of an act of child abuse or neglect
as reflected in the Department of Children and Family Services
State Central Register shall serve as a court appointed special
advocate.
(5) All costs associated with the appointment and duties of
the court appointed special advocate shall be paid by the court
appointed special advocate or an organization of court
appointed special advocates. In no event shall the court
appointed special advocate be liable for any costs of services
provided to the minor child.
(6) The court may remove the court appointed special
advocate or the guardian ad litem from a case upon finding that
the court appointed special advocate or the guardian ad litem
has acted in a manner contrary to the minor's child's best
interest or if the court otherwise deems continued service is
unwanted or unnecessary.
(7) In any county in which a program of court appointed
special advocates is in operation, the provisions of this
Section shall apply unless the county board of that county, by
resolution, determines that the county shall not be governed by
this Section.
(8) Any court appointed special advocate acting in good
faith within the scope of his or her appointment shall have
immunity from any civil or criminal liability that otherwise

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might result by reason of his or her actions, except in cases
of willful and wanton misconduct. For the purpose of any civil
or criminal proceedings, the good faith of any court appointed
special advocate shall be presumed.
(Source: P.A. 90-28, eff. 1-1-98; 90-608, eff. 6-30-98; 91-357,
eff. 7-29-99.)