100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5791
 
Introduced , by Rep. Michael Halpin
 
SYNOPSIS AS INTRODUCED:






705 ILCS 405/2-17.1

 Amends the Juvenile Court Act of 1987. Provides that a court appointed special advocate or guardian ad litem may be removed by the court from a case upon finding that the court appointed special advocate or guardian ad litem has made a materially false statement under oath.



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A BILL FOR
 


HB5791LRB100 17825 LNS 33005 b



1 AN ACT concerning courts.


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 2-17.1 as follows:




6 (705 ILCS 405/2-17.1)



7 Sec. 2-17.1. Court appointed special advocate. 

8 (1) The court may appoint a special advocate
upon the 
9filing of a petition under this Article or
at any time during 
10the pendency of a proceeding under this Article.
Except in 
11counties with a population over 3,000,000, the
court appointed 
12special advocate may also serve as guardian ad litem by

13appointment of the court under Section 2-17 of this Act.

14 (2) The court appointed special advocate shall act as a 
15monitor and
shall be notified of all
administrative case 
16reviews pertaining to the minor and work with the
parties' 
17attorneys, the guardian ad litem, and others assigned to the

18minor's case to protect the minor's health, safety and best 
19interests and
insure the proper
delivery of child welfare 
20services.
The court may consider, at its discretion, testimony 
21of the court
appointed special advocate pertaining to the 
22well-being of the child.

23 (3) Court appointed special advocates shall serve as 
 
 
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1volunteers without
compensation and shall receive training 
2consistent with nationally developed standards.

3 (4) No person convicted of a criminal offense as specified

4in Section 4.2 of the Child Care Act of 1969 and no person 
5identified as a
perpetrator of an act of child abuse or neglect 
6as reflected in the
Department of Children and Family Services 
7State Central Register shall serve
as a court appointed special 
8advocate.

9 (5) All costs associated with the appointment and duties of 
10the court
appointed special advocate shall be paid by the court 
11appointed special
advocate or an organization of court 
12appointed special advocates.
In no event shall the court 
13appointed special advocate be liable for any
costs of services 
14provided to the child.

15 (6) The court may remove the court appointed special 
16advocate or the
guardian ad litem from a case upon finding that 
17the court appointed special
advocate or the guardian ad litem 
18has acted in a manner contrary to the
child's best interest, 
19made a materially false statement under oath, or if the court 
20otherwise deems continued service is
unwanted or unnecessary.

21 (7) In any county in which a program of court appointed 
22special
advocates is in operation, the provisions
of this 
23Section shall apply unless the county board of that county, by

24resolution, determines that the county shall not be governed by 
25this Section.

26 (8) Any court appointed
special advocate acting in good 
 
 
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1faith within the scope of his or her
appointment shall have 
2immunity from any civil or criminal liability that
otherwise 
3might result by reason of his or her actions, except in cases 
4of
willful and wanton misconduct. For the purpose of any
civil 
5or criminal proceedings, the good faith of any court appointed 
6special
advocate shall be presumed.

7(Source: P.A. 90-28, eff. 1-1-98; 90-608, eff. 6-30-98; 91-357, 
8eff.
7-29-99.)