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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Abused and Neglected Child Reporting Act is | ||||||||||||||||||||||||||||||||
5 | amended by changing Sections 7.14, 7.16, 7.22, and 11.1 as | ||||||||||||||||||||||||||||||||
6 | follows:
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7 | (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
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8 | Sec. 7.14. All reports in the central register shall be | ||||||||||||||||||||||||||||||||
9 | classified in one
of three categories: "indicated", | ||||||||||||||||||||||||||||||||
10 | "unfounded" or "undetermined", as the
case may be. Prior to | ||||||||||||||||||||||||||||||||
11 | classifying the report, the person making the
classification | ||||||||||||||||||||||||||||||||
12 | shall determine whether the child named in the
report is the | ||||||||||||||||||||||||||||||||
13 | subject of an action under Article V of the Juvenile Court Act | ||||||||||||||||||||||||||||||||
14 | of 1987 with an open placement or intact family services case | ||||||||||||||||||||||||||||||||
15 | with the Department or the subject of an action under Article | ||||||||||||||||||||||||||||||||
16 | II of the Juvenile Court
Act of 1987. If the child is either | ||||||||||||||||||||||||||||||||
17 | the subject of an action under Article V of the Juvenile Court | ||||||||||||||||||||||||||||||||
18 | Act of 1987 with an open placement or intact family services | ||||||||||||||||||||||||||||||||
19 | case with the Department or the subject of an action under | ||||||||||||||||||||||||||||||||
20 | Article II of the
Juvenile Court Act of 1987 and the Department | ||||||||||||||||||||||||||||||||
21 | intends to classify the report as indicated, the Department | ||||||||||||||||||||||||||||||||
22 | shall, within 45 days of classification of the report, transmit | ||||||||||||||||||||||||||||||||
23 | a copy of the report to
the attorney or guardian ad litem |
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1 | appointed for the child under Section 2-17 of the
Juvenile | ||||||
2 | Court Act of 1987 or to a guardian ad litem appointed under | ||||||
3 | Section 5-610 of the Juvenile Court Act of 1987 . If the child | ||||||
4 | is either the subject of an action under Article V of the | ||||||
5 | Juvenile Court Act of 1987 with an open placement or intact | ||||||
6 | family services case with the Department or the subject of an | ||||||
7 | action under Article II of the Juvenile Court Act of 1987 and | ||||||
8 | the Department intends to classify the report as unfounded, the | ||||||
9 | Department shall, within 45 days of deciding its intent to | ||||||
10 | classify the report as unfounded, transmit a copy of the report | ||||||
11 | and written notice of the Department's intent to the attorney | ||||||
12 | or guardian ad litem appointed for the child under Section 2-17 | ||||||
13 | of the Juvenile Court Act of 1987 , or to a guardian ad litem | ||||||
14 | appointed under Section 5-610 of the Juvenile Court Act of | ||||||
15 | 1987 . All information identifying the subjects of an unfounded
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16 | report shall be expunged from the register
forthwith, except as | ||||||
17 | provided in Section 7.7.
Unfounded reports may only be made | ||||||
18 | available to the Child
Protective Service Unit when | ||||||
19 | investigating a subsequent report of suspected
abuse or | ||||||
20 | maltreatment involving a child named in the unfounded report; | ||||||
21 | and to
the subject of the report, provided the Department has | ||||||
22 | not expunged the file in accordance with Section 7.7. The Child | ||||||
23 | Protective
Service Unit shall not indicate the subsequent | ||||||
24 | report solely based upon the
existence of the prior unfounded | ||||||
25 | report or reports. Notwithstanding any other
provision of law | ||||||
26 | to the contrary, an unfounded report shall not be admissible
in |
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1 | any judicial or administrative proceeding or action except for | ||||||
2 | proceedings under Sections 2-10 and 2-21 of the Juvenile Court | ||||||
3 | Act of 1987 involving a
petition filed under Section 2-13 of | ||||||
4 | the Juvenile Court Act of 1987 alleging
abuse or neglect to the | ||||||
5 | same child, a sibling of the child, or the same
perpetrator.
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6 | Identifying information on all other records shall be
removed | ||||||
7 | from the register no later than 5 years after the report is | ||||||
8 | indicated.
However, if another report is received involving the | ||||||
9 | same child, his sibling
or offspring, or a child in the care of | ||||||
10 | the persons responsible for the
child's welfare, or involving | ||||||
11 | the same alleged offender, the
identifying
information may be | ||||||
12 | maintained in the register
until 5 years after the subsequent | ||||||
13 | case or report is closed.
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14 | Notwithstanding any other provision of this Section, | ||||||
15 | identifying
information in indicated reports involving serious | ||||||
16 | physical injury to a child as defined by the
Department in | ||||||
17 | rules, may be retained longer than 5 years after the report
is | ||||||
18 | indicated or after the subsequent case or report is closed, and | ||||||
19 | may not
be removed from the register except as provided by the | ||||||
20 | Department in rules. Identifying information in indicated | ||||||
21 | reports involving sexual penetration of a child, sexual | ||||||
22 | molestation of a child, sexual exploitation of a child, torture | ||||||
23 | of a child, or the death of a child, as defined by the | ||||||
24 | Department in rules, shall be retained for a period of not less | ||||||
25 | than 50 years after the report is indicated or after the | ||||||
26 | subsequent case or report is closed.
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1 | For purposes of this Section "child" includes an adult | ||||||
2 | resident as defined in this Act. | ||||||
3 | (Source: P.A. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14; 99-78, | ||||||
4 | eff. 7-20-15; 99-349, eff. 1-1-16 .)
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5 | (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
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6 | Sec. 7.16.
For any investigation or appeal initiated on or | ||||||
7 | after, or
pending on July 1, 1998, the following time frames | ||||||
8 | shall apply.
Within 60 days after the notification of the | ||||||
9 | completion
of the Child Protective Service Unit investigation, | ||||||
10 | determined by the date
of the notification sent by the | ||||||
11 | Department, the perpetrator named in the notification may
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12 | request the Department to amend the record or
remove the record | ||||||
13 | of the report from the register, except that the 60-day | ||||||
14 | deadline for filing a request to amend the record or remove the | ||||||
15 | record of the report from the State Central Register shall be | ||||||
16 | tolled until after the conclusion of any criminal court action | ||||||
17 | in the circuit court or after adjudication in any juvenile | ||||||
18 | court action concerning the circumstances that give rise to an | ||||||
19 | indicated report. Such request shall be
in writing and directed | ||||||
20 | to such person as the Department designates in the
notification | ||||||
21 | letter notifying the perpetrator of the indicated finding. The | ||||||
22 | perpetrator shall have the right to a timely
hearing within
the | ||||||
23 | Department to determine whether the record of the report should | ||||||
24 | be
amended or removed on the grounds that it is inaccurate or | ||||||
25 | it is
being
maintained in a manner inconsistent with this Act, |
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1 | except that there
shall be no such right to a hearing on the | ||||||
2 | ground of the report's
inaccuracy if there has been a court | ||||||
3 | finding of child abuse or neglect or a criminal finding of | ||||||
4 | guilt as to the perpetrator. Such
hearing shall be held within | ||||||
5 | a reasonable time after the perpetrator's request
and at a | ||||||
6 | reasonable place and hour. The appropriate Child Protective
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7 | Service Unit shall be given notice of the hearing. If the | ||||||
8 | minor, who is the victim named in the report sought to be | ||||||
9 | amended or removed from the State Central Register, is the | ||||||
10 | subject of a pending action under Article V of the Juvenile | ||||||
11 | Court Act of 1987 with an open placement or intact family | ||||||
12 | services case with the Department or Article II of the Juvenile | ||||||
13 | Court Act of 1987, and the report was made while a guardian ad | ||||||
14 | litem was appointed for the minor under Section 5-610 or 2-17 | ||||||
15 | of the Juvenile Court Act of 1987, then the minor shall, | ||||||
16 | through the minor's attorney or guardian ad litem appointed | ||||||
17 | under Section 5-610 or 2-17 of the Juvenile Court Act of 1987, | ||||||
18 | have the right to participate and be heard in such hearing as | ||||||
19 | defined under the Department's rules. In such hearings, the
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20 | burden of proving the accuracy and consistency of the record | ||||||
21 | shall be on
the Department and the appropriate Child Protective | ||||||
22 | Service Unit. The
hearing shall be conducted by the Director or | ||||||
23 | his designee, who is hereby
authorized and empowered to order | ||||||
24 | the amendment or removal of
the record to make it accurate and | ||||||
25 | consistent with this Act. The decision
shall be made, in | ||||||
26 | writing, at the close of the hearing, or within 60
days
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1 | thereof, and shall state the reasons upon which it is based. | ||||||
2 | Decisions of
the Department under this Section are | ||||||
3 | administrative decisions subject to
judicial review under the | ||||||
4 | Administrative Review Law.
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5 | Should the Department grant the request of the perpetrator
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6 | pursuant to this Section either on administrative review or | ||||||
7 | after
an administrative hearing to amend an indicated report to | ||||||
8 | an unfounded report, the
report shall be released and expunged | ||||||
9 | in accordance
with the standards set forth in Section 7.14 of | ||||||
10 | this Act.
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11 | (Source: P.A. 98-453, eff. 8-16-13; 98-487, eff. 1-1-14; | ||||||
12 | 98-756, eff. 7-16-14.)
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13 | (325 ILCS 5/7.22) | ||||||
14 | Sec. 7.22. Reviews of unfounded reports. | ||||||
15 | (a) Whenever the Department determines that a reported | ||||||
16 | incident of child abuse or neglect will be "unfounded", the | ||||||
17 | Department shall forward a copy of the report and written | ||||||
18 | notice of the Department's intent to classify the report as | ||||||
19 | unfounded to a guardian ad litem appointed under Section 5-610 | ||||||
20 | of the Juvenile Court Act of 1987 for a minor with an open | ||||||
21 | placement or intact family services case with the Department or | ||||||
22 | to the minor's attorney or guardian ad litem appointed under | ||||||
23 | Section 2-17 of the Juvenile Court Act of 1987. The minor's | ||||||
24 | attorney or guardian ad litem may request a review of the | ||||||
25 | investigation within 10 days of receipt of the report and |
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1 | written notice of the Department's intent to classify the | ||||||
2 | report as unfounded, as provided in Section 7.14 of this Act, | ||||||
3 | if the subject of the report is also the minor for whom the | ||||||
4 | attorney or guardian ad litem has been appointed. | ||||||
5 | (b) Reviews requested under subsection (a) may be requested | ||||||
6 | by sending a request via U.S. Mail, postmarked within 10 days | ||||||
7 | after notice of the Department's intent to classify the report | ||||||
8 | as unfounded, or by faxing a request within 10 days after | ||||||
9 | notice of the Department's intent to classify the report as | ||||||
10 | unfounded. The date of notification of the Department's intent | ||||||
11 | to classify the report as unfounded is the date the attorney or | ||||||
12 | guardian ad litem received a copy of the report and written | ||||||
13 | notice from the Department. Following the review, the | ||||||
14 | Department shall inform the minor's attorney or guardian ad | ||||||
15 | litem as to whether the report will be classified as indicated | ||||||
16 | or unfounded. The minor's attorney or guardian ad litem shall | ||||||
17 | also receive a final finding notice from the State Central | ||||||
18 | Register. | ||||||
19 | (c) By January 1, 2014, the Department shall promulgate | ||||||
20 | rules addressing reviews requested under subsection (a). The | ||||||
21 | rules shall provide that a review requested under subsection | ||||||
22 | (a) must occur before the report is classified and a final | ||||||
23 | finding is entered in the central register and that the review | ||||||
24 | must be conducted by a Department employee outside the | ||||||
25 | supervisory chain of the assigned investigator.
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26 | (Source: P.A. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14.)
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1 | (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
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2 | Sec. 11.1. Access to records.
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3 | (a) A person shall have access to the
records described in | ||||||
4 | Section 11 only in furtherance of purposes directly
connected | ||||||
5 | with the administration of this Act or the Intergovernmental | ||||||
6 | Missing
Child Recovery Act of 1984. Those persons and purposes | ||||||
7 | for access include:
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8 | (1) Department staff in the furtherance of their | ||||||
9 | responsibilities under
this Act, or for the purpose of | ||||||
10 | completing background investigations on
persons or | ||||||
11 | agencies licensed by the Department or with whom the | ||||||
12 | Department
contracts for the provision of child welfare | ||||||
13 | services.
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14 | (2) A law enforcement agency investigating known or | ||||||
15 | suspected child abuse
or neglect, known or suspected | ||||||
16 | involvement with child pornography, known or
suspected | ||||||
17 | criminal sexual assault, known or suspected criminal | ||||||
18 | sexual abuse, or
any other sexual offense when a child is | ||||||
19 | alleged to be involved.
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20 | (3) The Department of State Police when administering | ||||||
21 | the provisions of
the Intergovernmental Missing Child | ||||||
22 | Recovery Act of 1984.
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23 | (4) A physician who has before him a child whom he | ||||||
24 | reasonably
suspects may be abused or neglected.
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25 | (5) A person authorized under Section 5 of this Act to |
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1 | place a child
in temporary protective custody when such | ||||||
2 | person requires the
information in the report or record to | ||||||
3 | determine whether to place the
child in temporary | ||||||
4 | protective custody.
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5 | (6) A person having the legal responsibility or | ||||||
6 | authorization to
care for, treat, or supervise a child, or | ||||||
7 | a parent, prospective adoptive parent, foster parent,
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8 | guardian, or other
person responsible for the child's | ||||||
9 | welfare, who is the subject of a report.
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10 | (7) Except in regard to harmful or detrimental | ||||||
11 | information as
provided in Section 7.19, any subject of the | ||||||
12 | report, and if the subject of
the report is a minor, his | ||||||
13 | guardian or guardian ad litem.
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14 | (8) A court, upon its finding that access to such | ||||||
15 | records may be
necessary for the determination of an issue | ||||||
16 | before such court; however,
such access shall be limited to | ||||||
17 | in camera inspection, unless the court
determines that | ||||||
18 | public disclosure of the information contained therein
is | ||||||
19 | necessary for the resolution of an issue then pending | ||||||
20 | before it.
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21 | (8.1) A probation officer or other authorized | ||||||
22 | representative of a
probation or court services department | ||||||
23 | conducting an investigation ordered
by a court under the | ||||||
24 | Juvenile Court Act of l987.
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25 | (9) A grand jury, upon its determination that access to | ||||||
26 | such records
is necessary in the conduct of its official |
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1 | business.
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2 | (10) Any person authorized by the Director, in writing, | ||||||
3 | for audit or
bona fide research purposes.
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4 | (11) Law enforcement agencies, coroners or medical | ||||||
5 | examiners,
physicians, courts, school superintendents and | ||||||
6 | child welfare agencies
in other states who are responsible | ||||||
7 | for child abuse or neglect
investigations or background | ||||||
8 | investigations.
| ||||||
9 | (12) The Department of Professional Regulation, the | ||||||
10 | State Board of
Education and school superintendents in | ||||||
11 | Illinois, who may use or disclose
information from the | ||||||
12 | records as they deem necessary to conduct
investigations or | ||||||
13 | take disciplinary action, as provided by law.
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14 | (13) A coroner or medical examiner who has reason to
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15 | believe that a child has died as the result of abuse or | ||||||
16 | neglect.
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17 | (14) The Director of a State-operated facility when an | ||||||
18 | employee of that
facility is the perpetrator in an | ||||||
19 | indicated report.
| ||||||
20 | (15) The operator of a licensed child care facility or | ||||||
21 | a facility licensed
by the Department of Human Services (as | ||||||
22 | successor to the Department of
Alcoholism and Substance | ||||||
23 | Abuse) in which children reside
when a current or | ||||||
24 | prospective employee of that facility is the perpetrator in
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25 | an indicated child abuse or neglect report, pursuant to | ||||||
26 | Section 4.3 of the
Child Care Act of 1969.
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1 | (16) Members of a multidisciplinary team in the | ||||||
2 | furtherance of its
responsibilities under subsection (b) | ||||||
3 | of Section 7.1. All reports
concerning child abuse and | ||||||
4 | neglect made available to members of such
| ||||||
5 | multidisciplinary teams and all records generated as a | ||||||
6 | result of such
reports shall be confidential and shall not | ||||||
7 | be disclosed, except as
specifically authorized by this Act | ||||||
8 | or other applicable law. It is a Class
A misdemeanor to | ||||||
9 | permit, assist or encourage the unauthorized release of
any | ||||||
10 | information contained in such reports or records. Nothing | ||||||
11 | contained in
this Section prevents the sharing of reports | ||||||
12 | or records relating or pertaining
to the death of a minor | ||||||
13 | under the care of or receiving services from the
Department | ||||||
14 | of Children and Family Services and under the jurisdiction | ||||||
15 | of the
juvenile court with the juvenile court, the State's | ||||||
16 | Attorney, and the minor's
attorney.
| ||||||
17 | (17) The Department of Human Services, as provided
in | ||||||
18 | Section 17 of the Rehabilitation of Persons with | ||||||
19 | Disabilities Act.
| ||||||
20 | (18) Any other agency or investigative body, including | ||||||
21 | the Department of
Public Health and a local board of | ||||||
22 | health, authorized by State law to
conduct an investigation | ||||||
23 | into the quality of care provided to children in
hospitals | ||||||
24 | and other State regulated care facilities. The access to | ||||||
25 | and
release of information from such records shall be | ||||||
26 | subject to the approval
of the Director of the Department |
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1 | or his designee.
| ||||||
2 | (19) The person appointed, under Section 2-17 of the | ||||||
3 | Juvenile Court
Act of 1987, as the guardian ad litem of a | ||||||
4 | minor who is the subject of a
report or
records under this | ||||||
5 | Act ; or the person appointed, under Section 5-610 of the | ||||||
6 | Juvenile Court Act of 1987, as the guardian ad litem of a | ||||||
7 | minor who has an open placement or intact family services | ||||||
8 | case with the Department and who is the subject of a report | ||||||
9 | or records made pursuant to this Act .
| ||||||
10 | (20) The Department of Human Services, as provided in | ||||||
11 | Section 10 of the
Early
Intervention Services System Act, | ||||||
12 | and the operator of a facility providing
early
intervention | ||||||
13 | services pursuant to that Act, for the purpose of | ||||||
14 | determining
whether a
current or prospective employee who | ||||||
15 | provides or may provide direct services
under that
Act is | ||||||
16 | the perpetrator in an indicated report of child abuse or | ||||||
17 | neglect filed
under this Act.
| ||||||
18 | (b) Nothing contained in this Act prevents the sharing or
| ||||||
19 | disclosure of information or records relating or pertaining to | ||||||
20 | juveniles
subject to the provisions of the Serious Habitual | ||||||
21 | Offender Comprehensive
Action Program when that information is | ||||||
22 | used to assist in the early
identification and treatment of | ||||||
23 | habitual juvenile offenders.
| ||||||
24 | (c) To the extent that persons or agencies are given access | ||||||
25 | to
information pursuant to this Section, those persons or | ||||||
26 | agencies may give this
information to and
receive this |
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| |||||||
1 | information from each other in order to facilitate an
| ||||||
2 | investigation
conducted by those persons or agencies.
| ||||||
3 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
4 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
5 | changing Section 5-610 as follows:
| ||||||
6 | (705 ILCS 405/5-610)
| ||||||
7 | Sec. 5-610. Guardian ad litem and appointment of attorney.
| ||||||
8 | (1) The court may appoint a guardian ad litem for the minor | ||||||
9 | whenever it
finds that there may be a conflict of interest | ||||||
10 | between the minor and his
or her parent, guardian or legal | ||||||
11 | custodian or that it is otherwise in the
minor's interest to do | ||||||
12 | so.
| ||||||
13 | (2) Unless the guardian ad litem is an attorney, he or she | ||||||
14 | shall be
represented
by counsel.
| ||||||
15 | (3) The reasonable fees of a guardian ad litem appointed | ||||||
16 | under this
Section shall be fixed by the court and charged to | ||||||
17 | the parents of the minor, to
the extent they are able to pay. | ||||||
18 | If the parents are unable to pay those fees,
they shall be paid | ||||||
19 | from the general fund of the
county.
| ||||||
20 | (4) If, during the court proceedings, the parents, | ||||||
21 | guardian, or legal
custodian prove that he or she has an actual | ||||||
22 | conflict of interest with the
minor in that delinquency | ||||||
23 | proceeding and that the parents, guardian, or legal
custodian | ||||||
24 | are indigent, the court shall appoint a separate attorney for |
| |||||||
| |||||||
1 | that
parent, guardian, or legal custodian.
| ||||||
2 | (5) A guardian ad litem appointed under this Section for a | ||||||
3 | minor with an open placement or intact family services case | ||||||
4 | with the Department of Children and Family Services is entitled | ||||||
5 | to receive copies of any and all classified reports of child | ||||||
6 | abuse or neglect made pursuant to the Abused and Neglected | ||||||
7 | Child Reporting Act in which the minor, who is the subject of | ||||||
8 | the report under the Abused and Neglected Child Reporting Act, | ||||||
9 | is also a minor for whom the guardian ad litem is appointed | ||||||
10 | under this Act. | ||||||
11 | (Source: P.A. 90-590, eff. 1-1-99.)
|