Bill Text: IL HB5638 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Defines a guardian ad litem as either (i) an attorney licensed in Illinois to practice law; or (ii) a person who holds at a minimum a bachelor's degree in psychology, psychiatry, social work, education, or any other relevant child-related discipline involving determining a child's best interests. Provides that a guardian litem must receive training to ensure they have a fundamental working knowledge of abuser tactics and its effects on children in domestic violence cases as ordered by the Supreme Court. Requires a guardian ad litem to meet with a child who has been exposed to domestic violence in an age-appropriate manner for at least an hour before the issuance of any judicial decision affecting the parental rights of the child and to meet with the child for at least an hour every 3 months and provide a written update to the court at least every six months. Amends the Illinois Marriage and Dissolution of Marriage Act to make conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB5638 Detail]

Download: Illinois-2023-HB5638-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5638 Introduced 2/9/2024, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
705 ILCS 405/1-3 from Ch. 37, par. 801-3
705 ILCS 405/2-17 from Ch. 37, par. 802-17
750 ILCS 5/506 from Ch. 40, par. 506
Amends the Juvenile Court Act of 1987. Defines a guardian ad litem as either (i) an attorney licensed in Illinois to practice law; or (ii) a person who holds at a minimum a bachelor's degree in psychology, psychiatry, social work, education, or any other relevant child-related discipline involving determining a child's best interests. Provides that a guardian litem must receive training to ensure they have a fundamental working knowledge of abuser tactics and its effects on children in domestic violence cases as ordered by the Supreme Court. Requires a guardian ad litem to meet with a child who has been exposed to domestic violence in an age-appropriate manner for at least an hour before the issuance of any judicial decision affecting the parental rights of the child and to meet with the child for at least an hour every 3 months and provide a written update to the court at least every six months. Amends the Illinois Marriage and Dissolution of Marriage Act to make conforming changes.
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A BILL FOR
HB5638 LRB103 37439 JRC 67561 b
AN ACT concerning civil law.
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 Sections 1-3 and 2-17 as follows:
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
Sec. 1-3. Definitions. Terms used in this Act, unless the
context otherwise requires, have the following meanings
ascribed to them:
(1) "Adjudicatory hearing" means a hearing to determine
whether the allegations of a petition under Section 2-13,
3-15, or 4-12 that a minor under 18 years of age is abused,
neglected, or dependent, or requires authoritative
intervention, or addicted, respectively, are supported by a
preponderance of the evidence or whether the allegations of a
petition under Section 5-520 that a minor is delinquent are
proved beyond a reasonable doubt.
(2) "Adult" means a person 21 years of age or older.
(3) "Agency" means a public or private child care facility
legally authorized or licensed by this State for placement or
institutional care or for both placement and institutional
care.
(4) "Association" means any organization, public or

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private, engaged in welfare functions which include services
to or on behalf of children but does not include "agency" as
herein defined.
(4.05) Whenever a "best interest" determination is
required, the following factors shall be considered in the
context of the child's age and developmental needs:
(a) the physical safety and welfare of the child,
including food, shelter, health, and clothing;
(b) the development of the child's identity;
(c) the child's background and ties, including
familial, cultural, and religious;
(d) the child's sense of attachments, including:
(i) where the child actually feels love,
attachment, and a sense of being valued (as opposed to
where adults believe the child should feel such love,
attachment, and a sense of being valued);
(ii) the child's sense of security;
(iii) the child's sense of familiarity;
(iv) continuity of affection for the child;
(v) the least disruptive placement alternative for
the child;
(e) the child's wishes and long-term goals;
(f) the child's community ties, including church,
school, and friends;
(g) the child's need for permanence which includes the
child's need for stability and continuity of relationships

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with parent figures and with siblings and other relatives;
(h) the uniqueness of every family and child;
(i) the risks attendant to entering and being in
substitute care; and
(j) the preferences of the persons available to care
for the child.
(4.1) "Chronic truant" shall have the definition ascribed
to it in Section 26-2a of the School Code.
(5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act.
(6) "Dispositional hearing" means a hearing to determine
whether a minor should be adjudged to be a ward of the court,
and to determine what order of disposition should be made in
respect to a minor adjudged to be a ward of the court.
(6.5) "Dissemination" or "disseminate" means to publish,
produce, print, manufacture, distribute, sell, lease, exhibit,
broadcast, display, transmit, or otherwise share information
in any format so as to make the information accessible to
others.
(7) "Emancipated minor" means any minor 16 years of age or
over who has been completely or partially emancipated under
the Emancipation of Minors Act or under this Act.
(7.03) "Expunge" means to physically destroy the records
and to obliterate the minor's name from any official index,
public record, or electronic database.
(7.05) "Foster parent" includes a relative caregiver

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selected by the Department of Children and Family Services to
provide care for the minor.
(7.07) "Guardian ad litem" means either (i) an attorney
licensed in Illinois to practice law; or (ii) a person who
holds at a minimum a bachelor's degree in psychology,
psychiatry, social work, education, or any other relevant
child-related discipline involving determining a child's best
interests. A guardian litem must receive training as ordered
by the Supreme Court to ensure they have a fundamental working
knowledge of abuser tactics and its effects on children in
domestic violence cases.
(8) "Guardianship of the person" of a minor means the duty
and authority to act in the best interests of the minor,
subject to residual parental rights and responsibilities, to
make important decisions in matters having a permanent effect
on the life and development of the minor and to be concerned
with the minor's general welfare. It includes but is not
necessarily limited to:
(a) the authority to consent to marriage, to
enlistment in the armed forces of the United States, or to
a major medical, psychiatric, and surgical treatment; to
represent the minor in legal actions; and to make other
decisions of substantial legal significance concerning the
minor;
(b) the authority and duty of reasonable visitation,
except to the extent that these have been limited in the

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best interests of the minor by court order;
(c) the rights and responsibilities of legal custody
except where legal custody has been vested in another
person or agency; and
(d) the power to consent to the adoption of the minor,
but only if expressly conferred on the guardian in
accordance with Section 2-29, 3-30, or 4-27.
(8.1) "Juvenile court record" includes, but is not limited
to:
(a) all documents filed in or maintained by the
juvenile court pertaining to a specific incident,
proceeding, or individual;
(b) all documents relating to a specific incident,
proceeding, or individual made available to or maintained
by probation officers;
(c) all documents, video or audio tapes, photographs,
and exhibits admitted into evidence at juvenile court
hearings; or
(d) all documents, transcripts, records, reports, or
other evidence prepared by, maintained by, or released by
any municipal, county, or State agency or department, in
any format, if indicating involvement with the juvenile
court relating to a specific incident, proceeding, or
individual.
(8.2) "Juvenile law enforcement record" includes records
of arrest, station adjustments, fingerprints, probation

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adjustments, the issuance of a notice to appear, or any other
records or documents maintained by any law enforcement agency
relating to a minor suspected of committing an offense, and
records maintained by a law enforcement agency that identifies
a juvenile as a suspect in committing an offense, but does not
include records identifying a juvenile as a victim, witness,
or missing juvenile and any records created, maintained, or
used for purposes of referral to programs relating to
diversion as defined in subsection (6) of Section 5-105.
(9) "Legal custody" means the relationship created by an
order of court in the best interests of the minor which imposes
on the custodian the responsibility of physical possession of
a minor and the duty to protect, train and discipline the minor
and to provide the minor with food, shelter, education, and
ordinary medical care, except as these are limited by residual
parental rights and responsibilities and the rights and
responsibilities of the guardian of the person, if any.
(9.1) "Mentally capable adult relative" means a person 21
years of age or older who is not suffering from a mental
illness that prevents the person from providing the care
necessary to safeguard the physical safety and welfare of a
minor who is left in that person's care by the parent or
parents or other person responsible for the minor's welfare.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Parent" means a father or mother of a child and

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includes any adoptive parent. It also includes a person (i)
whose parentage is presumed or has been established under the
law of this or another jurisdiction or (ii) who has registered
with the Putative Father Registry in accordance with Section
12.1 of the Adoption Act and whose paternity has not been ruled
out under the law of this or another jurisdiction. It does not
include a parent whose rights in respect to the minor have been
terminated in any manner provided by law. It does not include a
person who has been or could be determined to be a parent under
the Illinois Parentage Act of 1984 or the Illinois Parentage
Act of 2015, or similar parentage law in any other state, if
that person has been convicted of or pled nolo contendere to a
crime that resulted in the conception of the child under
Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
12-14.1, subsection (a) or (b) (but not subsection (c)) of
Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, or similar
statute in another jurisdiction unless upon motion of any
party, other than the offender, to the juvenile court
proceedings the court finds it is in the child's best interest
to deem the offender a parent for purposes of the juvenile
court proceedings.
(11.1) "Permanency goal" means a goal set by the court as
defined in subdivision (2) of Section 2-28.
(11.2) "Permanency hearing" means a hearing to set the

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permanency goal and to review and determine (i) the
appropriateness of the services contained in the plan and
whether those services have been provided, (ii) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (iii) whether the plan
and goal have been achieved.
(12) "Petition" means the petition provided for in Section
2-13, 3-15, 4-12, or 5-520, including any supplemental
petitions thereunder in Section 3-15, 4-12, or 5-520.
(12.1) "Physically capable adult relative" means a person
21 years of age or older who does not have a severe physical
disability or medical condition, or is not suffering from
alcoholism or drug addiction, that prevents the person from
providing the care necessary to safeguard the physical safety
and welfare of a minor who is left in that person's care by the
parent or parents or other person responsible for the minor's
welfare.
(12.2) "Post Permanency Sibling Contact Agreement" has the
meaning ascribed to the term in Section 7.4 of the Children and
Family Services Act.
(12.3) "Residential treatment center" means a licensed
setting that provides 24-hour care to children in a group home
or institution, including a facility licensed as a child care
institution under Section 2.06 of the Child Care Act of 1969, a
licensed group home under Section 2.16 of the Child Care Act of
1969, a qualified residential treatment program under Section

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2.35 of the Child Care Act of 1969, a secure child care
facility as defined in paragraph (18) of this Section, or any
similar facility in another state. "Residential treatment
center" does not include a relative foster home or a licensed
foster family home.
(13) "Residual parental rights and responsibilities" means
those rights and responsibilities remaining with the parent
after the transfer of legal custody or guardianship of the
person, including, but not necessarily limited to, the right
to reasonable visitation (which may be limited by the court in
the best interests of the minor as provided in subsection
(8)(b) of this Section), the right to consent to adoption, the
right to determine the minor's religious affiliation, and the
responsibility for the minor's support.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
(14.05) "Shelter placement" means a temporary or emergency
placement for a minor, including an emergency foster home
placement.
(14.1) "Sibling Contact Support Plan" has the meaning
ascribed to the term in Section 7.4 of the Children and Family
Services Act.
(14.2) "Significant event report" means a written document
describing an occurrence or event beyond the customary
operations, routines, or relationships in the Department of

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Children of Family Services, a child care facility, or other
entity that is licensed or regulated by the Department of
Children of Family Services or that provides services for the
Department of Children of Family Services under a grant,
contract, or purchase of service agreement; involving children
or youth, employees, foster parents, or relative caregivers;
allegations of abuse or neglect or any other incident raising
a concern about the well-being of a minor under the
jurisdiction of the court under Article II of the Juvenile
Court Act of 1987; incidents involving damage to property,
allegations of criminal activity, misconduct, or other
occurrences affecting the operations of the Department of
Children of Family Services or a child care facility; any
incident that could have media impact; and unusual incidents
as defined by Department of Children and Family Services rule.
(15) "Station adjustment" means the informal handling of
an alleged offender by a juvenile police officer.
(16) "Ward of the court" means a minor who is so adjudged
under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
the requisite jurisdictional facts, and thus is subject to the
dispositional powers of the court under this Act.
(17) "Juvenile police officer" means a sworn police
officer who has completed a Basic Recruit Training Course, has
been assigned to the position of juvenile police officer by
the officer's chief law enforcement officer and has completed
the necessary juvenile officers training as prescribed by the

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Illinois Law Enforcement Training Standards Board, or in the
case of a State police officer, juvenile officer training
approved by the Director of the Illinois State Police.
(18) "Secure child care facility" means any child care
facility licensed by the Department of Children and Family
Services to provide secure living arrangements for children
under 18 years of age who are subject to placement in
facilities under the Children and Family Services Act and who
are not subject to placement in facilities for whom standards
are established by the Department of Corrections under Section
3-15-2 of the Unified Code of Corrections. "Secure child care
facility" also means a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building, or a distinct part of the building are under the
exclusive control of the staff of the facility, whether or not
the child has the freedom of movement within the perimeter of
the facility, building, or distinct part of the building.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
103-564, eff. 11-17-23.)
(705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
Sec. 2-17. Guardian ad litem.
(1) Immediately upon the filing of a petition alleging
that the minor is a person described in Sections 2-3 or 2-4 of
this Article, the court shall appoint a guardian ad litem for
the minor if:

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(a) such petition alleges that the minor is an abused
or neglected child; or
(b) such petition alleges that charges alleging the
commission of any of the sex offenses defined in Article
11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, have
been filed against a defendant in any court and that such
minor is the alleged victim of the acts of the defendant in
the commission of such offense.
Unless the guardian ad litem appointed pursuant to this
paragraph (1) is an attorney at law, the guardian ad litem
shall be represented in the performance of the guardian ad
litem's duties by counsel. The guardian ad litem shall
represent the best interests of the minor and shall present
recommendations to the court consistent with that duty.
(2) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if:
(a) no parent, guardian, custodian or relative of the
minor appears at the first or any subsequent hearing of
the case;
(b) the petition prays for the appointment of a
guardian with power to consent to adoption; or
(c) the petition for which the minor is before the
court resulted from a report made pursuant to the Abused
and Neglected Child Reporting Act.

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(3) The court may appoint a guardian ad litem for the minor
whenever it finds that there may be a conflict of interest
between the minor and the minor's parents or other custodian
or that it is otherwise in the minor's best interest to do so.
(4) Unless the guardian ad litem is an attorney, the
guardian ad litem shall be represented by counsel.
(4.5) Pursuant to Section 6b-1 of the Children and Family
Services Act, the Department of Children and Family Services
must maintain the name, electronic mail address, and telephone
number for each minor's court-appointed guardian ad litem and,
if applicable, the guardian ad litem's supervisor. The
Department of Children and Family Services must update this
contact information within 5 days of receiving notice of a
change. The Advocacy Office for Children and Families,
established pursuant to Section 5e of the Children and Family
Services Act, must make this contact information available to
the minor, current foster parent or caregiver, or caseworker,
if requested.
(5) The reasonable fees of a guardian ad litem appointed
under this Section shall be fixed by the court and charged to
the parents of the minor, to the extent they are able to pay.
If the parents are unable to pay those fees, they shall be paid
from the general fund of the county.
(6) A guardian ad litem appointed under this Section,
shall receive copies of any and all classified reports of
child abuse and neglect made under the Abused and Neglected

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Child Reporting Act in which the minor who is the subject of a
report under the Abused and Neglected Child Reporting Act, is
also the minor for whom the guardian ad litem is appointed
under this Section.
(6.5) A guardian ad litem appointed under this Section or
attorney appointed under this Act shall receive a copy of each
significant event report that involves the minor no later than
3 days after the Department learns of an event requiring a
significant event report to be written, or earlier as required
by Department rule.
(7) The appointed guardian ad litem shall remain the
minor's guardian ad litem throughout the entire juvenile trial
court proceedings, including permanency hearings and
termination of parental rights proceedings, unless there is a
substitution entered by order of the court.
(8) The guardian ad litem or an agent of the guardian ad
litem shall do the following:
(A) have a minimum of one in-person contact with the
minor and one contact with one of the current foster
parents or caregivers prior to the adjudicatory hearing; ,
and
(B) at least one additional in-person contact with the
child and one contact with one of the current foster
parents or caregivers after the adjudicatory hearing but
prior to the first permanency hearing; and
(C) one additional in-person contact with the child

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and one contact with one of the current foster parents or
caregivers each subsequent year; .
(D) meet with a child who has been exposed to domestic
violence in an age-appropriate manner for at least an hour
before the issuance of any judicial decision affecting the
parental rights of the child; and
(E) meet with the child for at least an hour every 3
months and provide a written update to the court at least
every six months.
(F) For good cause shown, the judge may excuse
face-to-face interviews required in this subsection.
(9) In counties with a population of 100,000 or more but
less than 3,000,000, each guardian ad litem must successfully
complete a training program approved by the Department of
Children and Family Services. The Department of Children and
Family Services shall provide training materials and documents
to guardians ad litem who are not mandated to attend the
training program. The Department of Children and Family
Services shall develop and distribute to all guardians ad
litem a bibliography containing information including but not
limited to the juvenile court process, termination of parental
rights, child development, medical aspects of child abuse, and
the child's need for safety and permanence.
(Source: P.A. 102-208, eff. 7-30-21; 103-22, eff. 8-8-23.)
Section 10. The Illinois Marriage and Dissolution of

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Marriage Act is amended by changing Section 506 as follows:
(750 ILCS 5/506) (from Ch. 40, par. 506)
Sec. 506. Representation of child.
(a) Appointment Duties. In any proceedings involving the
support, custody, visitation, allocation of parental
responsibilities, education, parentage, property interest, or
general welfare of a minor or dependent child, the court may,
on its own motion or that of any party, appoint an attorney to
serve in one of the following capacities to address the issues
the court delineates:
(1) Attorney. The attorney shall provide independent
legal counsel for the child and shall owe the same duties
of undivided loyalty, confidentiality, and competent
representation as are due an adult client.
(2) Guardian ad litem qualifications. A guardian ad
litem must either be one of the following: .
(A) an attorney licensed in Illinois to practice
law; or
(B) a person who holds at a minimum a bachelor's
degree in psychology, psychiatry, social work,
education, or any other relevant child-related
discipline involving determining a child's best
interests.
(C) Duties of a guardian ad litem. The guardian ad
litem shall do the following:

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(i) investigate the facts of the case and
interview the child and the parties; .
(ii) unless Unless the court directs
otherwise, the guardian ad litem shall submit to
the court and the parties a written report,
written recommendations, or a proposed parenting
plan, in accordance with the child's best
interests, not less than 30 days before a final
hearing or trial. The guardian ad litem's written
report or written recommendations shall be
admitted into evidence without the need for
foundation. The guardian ad litem shall be
available for deposition before a final hearing or
trial notwithstanding any other discovery cutoff.
The guardian ad litem may be called as a witness
for purposes of cross-examination regarding the
guardian ad litem's report or recommendations. At
the discretion of the court, the guardian ad
litem:
(iii) unless (i) may be present for all
proceedings, including in camera examinations of
the child;
(iv) unless (ii) may issue subpoenas for
records as part of the guardian ad litem's
investigation; and
(v) unless (iii) may file pleadings relating

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to procedural matters.
(vi) meet with a child who has been exposed to
domestic violence in an age-appropriate manner for
at least an hour before the issuance of any
judicial decision affecting the parental rights of
the child; and
(vii) meet with the child for at least an hour
every 3 months and provide a written update to the
court at least every six months.
(D) Training of a guardian ad litem. A guardian
litem must receive training as ordered by the Supreme
Court of Illinois to ensure they have a fundamental
working knowledge of abuser tactics and its effects on
children in domestic violence cases.
(3) Child representative. The child representative
shall advocate what the child representative finds to be
in the best interests of the child after reviewing the
facts and circumstances of the case. The child
representative shall meet with the child and the parties,
investigate the facts of the case, and encourage
settlement and the use of alternative forms of dispute
resolution. The child representative shall have the same
authority and obligation to participate in the litigation
as does an attorney for a party and shall possess all the
powers of investigation as does a guardian ad litem. The
child representative shall consider, but not be bound by,

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the expressed wishes of the child. A child representative
shall have received training in child advocacy or shall
possess such experience as determined to be equivalent to
such training by the chief judge of the circuit where the
child representative has been appointed. The child
representative shall not disclose confidential
communications made by the child, except as required by
law or by the Rules of Professional Conduct. The child
representative shall not render an opinion,
recommendation, or report to the court and shall not be
called as a witness, but shall offer evidence-based legal
arguments. The child representative shall disclose the
position as to what the child representative intends to
advocate in a pre-trial memorandum that shall be served
upon all counsel of record prior to the trial. The
position disclosed in the pre-trial memorandum shall not
be considered evidence. The court and the parties may
consider the position of the child representative for
purposes of a settlement conference.
(a-3) Additional appointments. During the proceedings the
court may appoint an additional attorney to serve in the
capacity described in subdivision (a)(1) or an additional
attorney to serve in another of the capacities described in
subdivision (a)(2) or (a)(3) on the court's own motion or that
of a party only for good cause shown and when the reasons for
the additional appointment are set forth in specific findings.

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(a-5) Appointment considerations. In deciding whether to
make an appointment of an attorney for the minor child, a
guardian ad litem, or a child representative, the court shall
consider the nature and adequacy of the evidence to be
presented by the parties and the availability of other methods
of obtaining information, including social service
organizations and evaluations by mental health professions, as
well as resources for payment.
In no event is this Section intended to or designed to
abrogate the decision making power of the trier of fact. Any
appointment made under this Section is not intended to nor
should it serve to place any appointed individual in the role
of a surrogate judge.
(b) Fees and costs. The court shall enter an order as
appropriate for costs, fees, and disbursements, including a
retainer, when the attorney, guardian ad litem, or child's
representative is appointed. Any person appointed under this
Section shall file with the court within 90 days of his or her
appointment, and every subsequent 90-day period thereafter
during the course of his or her representation, a detailed
invoice for services rendered with a copy being sent to each
party. The court shall review the invoice submitted and
approve the fees, if they are reasonable and necessary. Any
order approving the fees shall require payment by either or
both parents, by any other party or source, or from the marital
estate or the child's separate estate. The court may not order

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