Illinois General Assembly - Full Text of HB3277
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Full Text of HB3277  102nd General Assembly




HB3277 EnrolledLRB102 03958 RLC 13974 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 shall may appoint a special advocate upon
9the filing of a petition under this Article or at any time
10during the pendency of a proceeding under this Article if
11special advocates are available. The Except in counties with a
12population over 3,000,000, the court appointed special
13advocate may also serve as guardian ad litem by appointment of
14the court under Section 2-17 of this Act.
15    (1.2) In counties of populations over 3,000,000 the court
16may appoint a special advocate upon the filing of a petition
17under this Article or at any time during the pendency of a
18proceeding under this Article. No special advocate shall act
19as guardian ad litem in counties of populations over
21    (1.5) "Court appointed special advocate" means a community
22volunteer who:
23        (a) is 21 or older;



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1        (b) shall receive training with State and nationally
2    developed standards, has been screened and trained
3    regarding child abuse and neglect, child development, and
4    juvenile court proceedings according to the standards of
5    the National CASA Association;
6        (c) is being actively supervised by a court appointed
7    special advocate program in good standing with the
8    Illinois Association of Court Appointed Special Advocates;
9    and
10        (d) has been sworn in by a circuit court judge
11    assigned to juvenile cases in the circuit court in which
12    he or she wishes to serve.
13        Court appointed special advocate programs shall
14promote policies, practices, and procedures that are
15culturally competent. As used in this Section, "cultural
16competency" means the capacity to function in more than one
17culture, requiring the ability to appreciate, understand, and
18interact with members of diverse populations within the local
20    (2) The court appointed special advocate shall:
21        (a) conduct an independent assessment to monitor the
22    facts and circumstances surrounding the case by monitoring
23    the court order;
24        (b) maintain regular and sufficient in-person contact
25    with the minor;
26        (c) submit written reports to the court regarding the



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1    minor's best interests;
2        (d) advocate for timely court hearings to obtain
3    permanency for the minor;
4        (e) be notified of all administrative case reviews
5    pertaining to the minor and work with the parties'
6    attorneys, the guardian ad litem, and others assigned to
7    the minor's case to protect the minor's health, safety,
8    and best interests and insure the proper delivery of child
9    welfare services;
10        (f) attend all court hearings and other proceedings to
11    advocate for the minor's best interests;
12        (g) monitor compliance with the case plan and all
13    court orders; and
14        (h) review all court documents that relate to the
15    minor child.
16         act as a monitor and shall be notified of all
17    administrative case reviews pertaining to the minor and
18    work with the parties' attorneys, the guardian ad litem,
19    and others assigned to the minor's case to protect the
20    minor's health, safety and best interests and insure the
21    proper delivery of child welfare services.
22    (2.1) The court may consider, at its discretion, testimony
23of the court appointed special advocate pertaining to the
24well-being of the minor child.
25    (2.2) Upon presentation of an order of appointment, a
26court appointed special advocate shall have access to all



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1records and information relevant to the minor's case with
2regard to the minor child.
3    (2.2-1) All records and information acquired, reviewed, or
4produced by a court appointed special advocate during the
5course of his or her appointment shall be deemed confidential
6and shall not be disclosed except as ordered by the court.
7    (3) Court appointed special advocates shall serve as
8volunteers without compensation and shall receive training
9consistent with nationally developed standards.
10    (4) No person convicted of a criminal offense as specified
11in Section 4.2 of the Child Care Act of 1969 and no person
12identified as a perpetrator of an act of child abuse or neglect
13as reflected in the Department of Children and Family Services
14State Central Register shall serve as a court appointed
15special advocate.
16    (5) All costs associated with the appointment and duties
17of the court appointed special advocate shall be paid by the
18court appointed special advocate or an organization of court
19appointed special advocates. In no event shall the court
20appointed special advocate be liable for any costs of services
21provided to the child.
22    (6) The court may remove the court appointed special
23advocate or the guardian ad litem from a case upon finding that
24the court appointed special advocate or the guardian ad litem
25has acted in a manner contrary to the child's best interest or
26if the court otherwise deems continued service is unwanted or



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2    (7) In any county in which a program of court appointed
3special advocates is in operation, the provisions of this
4Section shall apply unless the county board of that county, by
5resolution, determines that the county shall not be governed
6by this Section.
7    (8) Any court appointed special advocate acting in good
8faith within the scope of his or her appointment shall have
9immunity from any civil or criminal liability that otherwise
10might result by reason of his or her actions, except in cases
11of willful and wanton misconduct. For the purpose of any civil
12or criminal proceedings, the good faith of any court appointed
13special advocate shall be presumed.
14(Source: P.A. 90-28, eff. 1-1-98; 90-608, eff. 6-30-98;
1591-357, eff. 7-29-99.)