Bill Status of SB 1478   103rd General Assembly

Short Description:  DCFS-DUE PROCESS-YOUTH IN CARE

Senate Sponsors
Sen. Don Harmon, Celina Villanueva, Karina Villa, Omar Aquino, Mike Simmons, Robert Peters, Adriane Johnson-Mattie Hunter, David Koehler, Mary Edly-Allen, Cristina H. Pacione-Zayas-Patrick J. Joyce-Elgie R. Sims, Jr., Rachel Ventura-Christopher Belt, Laura Fine, Javier L. Cervantes, Mike Porfirio, Doris Turner, Emil Jones, III, Suzy Glowiak Hilton, Laura M. Murphy, Cristina Castro and Napoleon Harris, III

House Sponsors
(Rep. Kelly M. Cassidy-Marcus C. Evans, Jr.-Kam Buckner-Edgar Gonzalez, Jr., Justin Slaughter, Will Guzzardi, Camille Y. Lilly, Aaron M. Ortiz, William "Will" Davis, Mark L. Walker, Theresa Mah, Rita Mayfield, Sue Scherer, Carol Ammons, Abdelnasser Rashid, Maurice A. West, II, Kevin John Olickal, Joyce Mason and Elizabeth "Lisa" Hernandez)


Last Action  View All Actions

DateChamber Action
  4/28/2023HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
20 ILCS 505/17a-16 new
20 ILCS 521/5
705 ILCS 405/1-5from Ch. 37, par. 801-5
705 ILCS 405/1-6.5 new

Synopsis As Introduced
Amends the Children and Family Services Act. Creates the Due Process for Youth Oversight Commission (Commission) to oversee the creation and implementation of a youth's statutory right to counsel in abuse and neglect proceedings conducted in accordance with the Juvenile Court Act of 1987. Requires the Commission to provide direction and operational phases for implementation statewide, provide status reports and recommendations to the General Assembly regarding implementation, and provide ongoing implementation and program oversight for 5 years after statewide transition is completed. Contains provisions concerning the Commission's membership; term limits; scheduled meetings; data support provided by the Department of Children and Family Services; Commission duties; and the date of the Commission's dissolution. Amends the Foster Children's Bill of Rights Act. Expands the rights afforded to every child placed in foster care to include the right to have a court appoint an attorney to represent the youth in any abuse or neglect case who will advocate for the youth's wishes and make recommendations to the court regarding the youth's care. Provides that this right applies to court proceedings pending or commenced on or after a date established by the Commission by administrative rule. Amends the Juvenile Court Act of 1987. Provides that immediately upon the filing of an abuse or neglect petition, the court shall appoint counsel for each minor who is the subject of that petition, unless the minor has already retained counsel. Provides that this requirement shall apply to court proceedings pending or commenced on or after a date established by the Commission by administrative rule. Provides that each respondent in any petition filed under the Act who is 8 years of age or older shall be furnished a written "Notice of Rights" at or before the first hearing at which the respondent appears. Provides that counsel appointed by a court to represent a minor in neglect or abuse proceedings shall have a minimum of one in-person contact with the minor prior to each hearing and at least one in-person contact every quarter. Effective immediately.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Children and Family Services Act. Creates the Due Process for Youth Oversight Commission (Commission) to oversee the creation and implementation of a youth's statutory right to counsel in abuse and neglect proceedings conducted in accordance with the Juvenile Court Act of 1987. Requires the Commission to provide direction and operational phases for implementation statewide, provide status reports and recommendations to the General Assembly regarding implementation, and provide ongoing implementation and program oversight for 5 years after statewide transition is completed. Contains provisions concerning the Commission's membership; term limits; scheduled meetings; data support provided by the Department of Children and Family Services; Commission duties; and the date of the Commission's dissolution. Amends the Foster Children's Bill of Rights Act. Expands the rights afforded to every child placed in foster care to include the right to have a court appoint an attorney to represent the youth in any abuse or neglect case who will advocate for the youth's wishes and make recommendations to the court regarding the youth's care. Provides that this right applies to court proceedings pending or commenced on or after 3 years of the effective date of the amendatory Act or a date established by the Due Process for Youth Oversight Commission, whichever is sooner. Amends the Juvenile Court Act of 1987. Provides that immediately upon the filing of an abuse or neglect petition, the court shall appoint counsel for each minor who is the subject of that petition, unless the minor has already retained counsel. Provides that this requirement shall apply to court proceedings pending or commenced on or after 3 years of the effective date of the amendatory Act or a date established by the Due Process for Youth Oversight Commission, whichever is sooner. Provides that each respondent in any petition filed under the Act who is 8 years of age or older shall be furnished a written "Notice of Rights" at or before the first hearing at which the respondent appears. Provides that counsel appointed by a court to represent a minor in neglect or abuse proceedings shall have a minimum of one in-person contact with the minor prior to each hearing and at least one in-person contact every quarter. Provides that such counsel is prohibited from serving as the minor's guardian ad litem or being employed by the same law office as the minor's guardian ad litem. Provides that the preceding sentence applies to proceedings pending or commenced on or after the effective date established by the Due Process for Youth Oversight Commission. Effective immediately.

Actions 
DateChamber Action
  2/7/2023SenateFiled with Secretary by Sen. Ann Gillespie
  2/7/2023SenateFirst Reading
  2/7/2023SenateReferred to Assignments
  2/14/2023SenateAssigned to Judiciary
  2/15/2023SenateAdded as Co-Sponsor Sen. Celina Villanueva
  2/15/2023SenateAdded as Co-Sponsor Sen. Karina Villa
  2/15/2023SenateAdded as Co-Sponsor Sen. Omar Aquino
  2/16/2023SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Ann Gillespie
  2/16/2023SenateSenate Committee Amendment No. 1 Referred to Assignments
  2/16/2023SenateAdded as Co-Sponsor Sen. Mike Simmons
  2/16/2023SenateAdded as Co-Sponsor Sen. Robert Peters
  2/16/2023SenateAdded as Co-Sponsor Sen. Adriane Johnson
  2/16/2023SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  2/16/2023SenateAdded as Co-Sponsor Sen. David Koehler
  2/17/2023SenateAdded as Co-Sponsor Sen. Mary Edly-Allen
  2/17/2023SenateAdded as Co-Sponsor Sen. Cristina H. Pacione-Zayas
  2/17/2023SenateAdded as Chief Co-Sponsor Sen. Patrick J. Joyce
  2/21/2023SenateAdded as Chief Co-Sponsor Sen. Elgie R. Sims, Jr.
  2/21/2023SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  2/21/2023SenateAdded as Co-Sponsor Sen. Rachel Ventura
  2/21/2023SenateAdded as Chief Co-Sponsor Sen. Christopher Belt
  2/22/2023SenateAdded as Co-Sponsor Sen. Laura Fine
  2/22/2023SenateAdded as Co-Sponsor Sen. Javier L. Cervantes
  3/10/2023SenateRule 2-10 Committee Deadline Established As March 24, 2023
  3/17/2023SenateAdded as Co-Sponsor Sen. Mike Porfirio
  3/20/2023SenateAdded as Co-Sponsor Sen. Doris Turner
  3/21/2023SenateSenate Committee Amendment No. 1 Adopted; Judiciary
  3/22/2023SenateDo Pass as Amended Judiciary; 009-000-000
  3/22/2023SenatePlaced on Calendar Order of 2nd Reading March 23, 2023
  3/23/2023SenateAdded as Co-Sponsor Sen. Emil Jones, III
  3/23/2023SenateSecond Reading
  3/23/2023SenatePlaced on Calendar Order of 3rd Reading March 24, 2023
  3/24/2023SenateAdded as Co-Sponsor Sen. Suzy Glowiak Hilton
  3/24/2023SenateThird Reading - Passed; 052-000-000
  3/24/2023HouseArrived in House
  3/24/2023HouseChief House Sponsor Rep. Lakesia Collins
  3/24/2023HouseAdded Alternate Chief Co-Sponsor Rep. Kelly M. Cassidy
  3/24/2023SenateAdded as Co-Sponsor Sen. Laura M. Murphy
  3/24/2023HouseAdded Alternate Co-Sponsor Rep. Justin Slaughter
  3/24/2023HouseAdded Alternate Co-Sponsor Rep. Edgar Gonzalez, Jr.
  3/24/2023HouseAdded Alternate Co-Sponsor Rep. Will Guzzardi
  3/24/2023HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
  3/24/2023HouseAlternate Co-Sponsor Removed Rep. Marcus C. Evans, Jr.
  3/24/2023HouseAdded Alternate Chief Co-Sponsor Rep. Sue Scherer
  3/24/2023HouseAdded Alternate Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  3/24/2023HouseFirst Reading
  3/24/2023HouseReferred to Rules Committee
  3/24/2023HouseAlternate Chief Co-Sponsor Removed Rep. Sue Scherer
  3/24/2023HouseAlternate Co-Sponsor Removed Rep. Edgar Gonzalez, Jr.
  3/24/2023HouseAlternate Chief Sponsor Changed to Rep. Dan Caulkins
  3/24/2023HouseAlternate Chief Co-Sponsor Removed Rep. Kelly M. Cassidy
  3/24/2023HouseAlternate Chief Sponsor Removed Rep. Dan Caulkins
  3/27/2023HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  3/27/2023HouseAdded Alternate Co-Sponsor Rep. Aaron M. Ortiz
  3/27/2023HouseAdded Alternate Co-Sponsor Rep. William "Will" Davis
  3/27/2023HouseAdded Alternate Co-Sponsor Rep. Mark L. Walker
  3/27/2023SenateAdded as Co-Sponsor Sen. Cristina Castro
  3/30/2023HouseAdded Alternate Chief Co-Sponsor Rep. Kam Buckner
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Theresa Mah
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
  3/30/2023HouseAdded Alternate Chief Co-Sponsor Rep. Edgar Gonzalez, Jr.
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Sue Scherer
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Carol Ammons
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Abdelnasser Rashid
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Maurice A. West, II
  3/30/2023HouseAdded Alternate Co-Sponsor Rep. Kevin John Olickal
  4/11/2023HouseAssigned to Judiciary - Civil Committee
  4/12/2023HouseAdded Alternate Co-Sponsor Rep. Joyce Mason
  4/19/2023SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  4/20/2023HouseAdded Alternate Co-Sponsor Rep. Elizabeth "Lisa" Hernandez
  4/28/2023HouseRule 19(a) / Re-referred to Rules Committee
  10/2/2023HouseChief House Sponsor Rep. Kelly M. Cassidy
  4/15/2024SenateChief Sponsor Changed to Sen. Don Harmon

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