Illinois General Assembly - Full Text of SB1478
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1478  103rd General Assembly


Sen. Ann Gillespie

Filed: 2/16/2023





10300SB1478sam001LRB103 25788 KTG 57394 a


2    AMENDMENT NO. ______. Amend Senate Bill 1478 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Children and Family Services Act is
5amended by adding Section 17a-16 as follows:
6    (20 ILCS 505/17a-16 new)
7    Sec. 17a-16. Due Process for Youth Oversight
9    (a) Purpose. The Due Process for Youth Oversight
10Commission is created to oversee the creation and
11implementation of a youth's statutory right to counsel in
12proceedings conducted in accordance with Article II of the
13Juvenile Court Act of 1987. The Commission shall provide
14direction and operational phases for implementation statewide,
15provide status reports and recommendations to the General
16Assembly regarding implementation, and provide ongoing



10300SB1478sam001- 2 -LRB103 25788 KTG 57394 a

1implementation and program oversight for 5 years after
2statewide transition is completed.
3    (b) Membership; operations. The Commission shall consist
4of the following members:
5        (1) One member of the Senate appointed by the Senate
6    President.
7        (2) One member of the Senate appointed by the Senate
8    Minority Leader.
9        (3) One member of the House of Representatives
10    appointed by the Speaker of the House of Representatives.
11        (4) One member of the House of Representatives
12    appointed by the Minority Leader of the House of
13    Representatives.
14        (5) The Director of Children and Family Services or
15    the Director's designee.
16        (6) One member of the Governor's Office appointed by
17    the Governor.
18        (7) Two members who are judges from different counties
19    who preside over proceedings in accordance with Article II
20    of the Juvenile Court Act of 1987, appointed by the Chief
21    Justice of the Illinois Supreme Court.
22        (8) One member representing the Administrative Office
23    of the Illinois Courts, appointed by the Chief Justice of
24    the Illinois Supreme Court.
25        (9) The Public Defender of Cook County or that Public
26    Defender's designee.



10300SB1478sam001- 3 -LRB103 25788 KTG 57394 a

1        (10) One member who provides legal representation on
2    behalf of an Office of the Public Defender from a central
3    region, appointed by that central region's Public
4    Defender.
5        (11) One member who provides legal representation on
6    behalf of an Office of the Public Defender from a
7    downstate county with a population less than 500,000,
8    appointed by that downstate jurisdiction's Public
9    Defender.
10        (12) The Cook County Public Guardian, or the Cook
11    County Public Guardian's designee.
12        (13) One member who is licensed to practice law in the
13    State of Illinois and who provides client-directed legal
14    services to indigent persons on behalf of a not-for-profit
15    civil legal aid organization serving at least 5 counties
16    in Illinois, appointed by the Commission's co-chairs.
17        (14) One member who manages a major law firm's pro
18    bono program serving Illinois residents, appointed by the
19    Commission's co-chairs.
20        (15) One member from a State university law school who
21    is appointed as an attorney to represent minors in
22    proceedings pending under Article II of the Juvenile Court
23    Act of 1987 appointed by the Commission's co-chairs.
24        (16) Two members who have recent experience as youth
25    in the child welfare system, at least one of whom
26    identifies with a population disproportionately



10300SB1478sam001- 4 -LRB103 25788 KTG 57394 a

1    overrepresented in the child welfare system, appointed by
2    the Commission's co-chairs.
3        (17) One member from a statewide organization
4    advocating for the advancement of civil liberties for at
5    least 80 years in Illinois, appointed by the Commission's
6    co-chairs.
7        (18) One member who is a licensed clinical social
8    worker who is employed by a non-for-profit agency
9    contracted by the Department to provide services to youth
10    who are the subjects of cases pending under Article II of
11    the Juvenile Court Act of 1987, appointed by the
12    Commission's co-chairs.
13        (19) A licensed attorney who is a member of the
14    Illinois State Bar Association Child Law Section,
15    appointed by the Commission's co-chairs.
16    The Commission shall have 2 co-chairs, one of whom shall
17be the House member appointed under paragraph (3) by the
18Speaker of the House of Representatives and one of whom shall
19be the Senate member appointed under paragraph (1) by the
20President of the Senate. Members shall serve 5-year terms or
21until the Commission dissolves. If a vacancy occurs in the
22Commission membership, the vacancy shall be filled in the same
23manner as the original appointment for the remainder of the
24unexpired term. Commission members shall serve without
25compensation except for members appointed under paragraph (16)
26of this subsection who shall receive stipends provided or



10300SB1478sam001- 5 -LRB103 25788 KTG 57394 a

1issued by the Department.
2    The Commission shall convene meetings on a quarterly basis
3at the direction of the co-chairs. The first meeting shall be
4noticed 30 days after the effective date of this amendatory
5Act of the 103rd General Assembly. At the direction of the
6Illinois Supreme Court, the Department of Children and Family
7Services shall provide administrative support to the
8Commission. The Commission shall dissolve 5 years after the
9effective date of this amendatory Act of the 103rd General
11    For the full duration of the Commission and for the
12purposes of achieving the duties required under subsection
13(c), the Department of Children and Family Services shall
14provide the Commission with all necessary data held by the
15Department, with personal identifying information redacted. At
16the direction of the Illinois Supreme Court, the
17Administrative Office of the Illinois Courts shall provide
18necessary information to the Commission to aid the Commission
19in developing phases for statewide implementation of legal
20counsel for youth who are the subjects of proceedings pending
21under Article II of the Juvenile Court Act of 1987.
22    (c) Duties. No later than January 1, 2024, the Commission
23shall be authorized and empowered to take all action that is
24necessary and appropriate to complete the following duties:
25        (1) Review court practices and relevant case docket
26    data related to the provision of legal counsel to parties



10300SB1478sam001- 6 -LRB103 25788 KTG 57394 a

1    in abuse and neglect proceedings.
2        (2) Provide recommendations on how to achieve the goal
3    of ensuring that each youth is appointed an attorney who
4    represents the youth in accordance with the Illinois Rules
5    of Professional Conduct, taking into account current
6    models of practice, applicable federal requirements, and
7    the feasibility of proposed models, including current
8    resources and the time needed to develop resources
9    throughout the State.
10        (3) Provide recommendations regarding caseload levels
11    for attorneys who are appointed to represent youth in
12    pending cases arising under Article II of the Juvenile
13    Court Act of 1987. Such recommendations shall take into
14    account the jurisdictions in which cases are pending, the
15    percentage of the attorney's practice that is spent on
16    cases arising under Article II of the Juvenile Court Act
17    of 1987, the complexity of the cases, and other relevant
18    factors. Provide recommendations on how to ensure
19    adherence to recommended caseload levels.
20        (4) Provide recommendations to the Illinois Supreme
21    Court regarding any changes to any Illinois Supreme Court
22    rules that are applicable to the representation of youth
23    with pending cases arising under Article II of the
24    Juvenile Court Act of 1987.
25        (5) Develop and provide recommendations to the
26    Illinois Supreme Court regarding training for attorneys



10300SB1478sam001- 7 -LRB103 25788 KTG 57394 a

1    who represent youth in proceedings pending under Article
2    II of the Juvenile Court Act.
3        (6) Make recommendations regarding the provision of a
4    written "Notice of Rights" as described in Section 1-5 of
5    the Juvenile Court Act of 1987 to every youth who is the
6    subject of a proceeding under Article II of the Juvenile
7    Court Act of 1987.
8        (7) Determine a plan for eliminating the use of a
9    single attorney filling the dual role of guardian ad litem
10    and client-directed attorney.
11        (8) Report findings and recommendations annually to
12    the Governor, the General Assembly, the Illinois Supreme
13    Court, and the Department of Children and Family Services
14    beginning the first year after the Commission convenes its
15    first meeting. The report shall include, but not be
16    limited to, the following:
17            (A) recommendations on the framework, guidelines,
18        implementation phases, and timeline or benchmarks for
19        the program providing attorneys to youth with pending
20        cases arising under Article II of the Juvenile Court
21        Act of 1987;
22            (B) recommendations for strengthening and
23        expanding attorney workforce capacity;
24            (C) implementation progress and oversight
25        findings;
26            (D) program funding and resource recommendations;



10300SB1478sam001- 8 -LRB103 25788 KTG 57394 a

1        and
2            (E) recommended statutory changes to improve
3        program delivery.
4    Section 10. The Foster Children's Bill of Rights Act is
5amended by changing Section 5 as follows:
6    (20 ILCS 521/5)
7    Sec. 5. Foster Children's Bill of Rights. It is the policy
8of this State that every child and adult in the care of the
9Department of Children and Family Services who is placed in
10foster care shall have the following rights:
11        (1) To live in a safe, healthy, and comfortable home
12    where he or she is treated with respect.
13        (2) To be free from physical, sexual, emotional, or
14    other abuse, or corporal punishment.
15        (3) To receive adequate and healthy food, adequate
16    clothing, and, for youth in group homes, residential
17    treatment facilities, and foster homes, an allowance.
18        (4) To receive medical, dental, vision, and mental
19    health services.
20        (5) To be free of the administration of medication or
21    chemical substances, unless authorized by a physician.
22        (6) To contact family members, unless prohibited by
23    court order, and social workers, attorneys, foster youth
24    advocates and supporters, Court Appointed Special



10300SB1478sam001- 9 -LRB103 25788 KTG 57394 a

1    Advocates (CASAs), and probation officers.
2        (7) To visit and contact brothers and sisters, unless
3    prohibited by court order.
4        (8) To contact the Advocacy Office for Children and
5    Families established under the Children and Family
6    Services Act or the Department of Children and Family
7    Services' Office of the Inspector General regarding
8    violations of rights, to speak to representatives of these
9    offices confidentially, and to be free from threats or
10    punishment for making complaints.
11        (9) To make and receive confidential telephone calls
12    and send and receive unopened mail, unless prohibited by
13    court order.
14        (10) To attend religious services and activities of
15    his or her choice.
16        (11) To maintain an emancipation bank account and
17    manage personal income, consistent with the child's age
18    and developmental level, unless prohibited by the case
19    plan.
20        (12) To not be locked in a room, building, or facility
21    premises, unless placed in a secure child care facility
22    licensed by the Department of Children and Family Services
23    under the Child Care Act of 1969 and placed pursuant to
24    Section 2-27.1 of the Juvenile Court Act of 1987.
25        (13) To attend school and participate in
26    extracurricular, cultural, and personal enrichment



10300SB1478sam001- 10 -LRB103 25788 KTG 57394 a

1    activities, consistent with the child's age and
2    developmental level, with minimal disruptions to school
3    attendance and educational stability.
4        (14) To work and develop job skills at an
5    age-appropriate level, consistent with State law.
6        (15) To have social contacts with people outside of
7    the foster care system, including teachers, church
8    members, mentors, and friends.
9        (16) If he or she meets age requirements, to attend
10    services and programs operated by the Department of
11    Children and Family Services or any other appropriate
12    State agency that aim to help current and former foster
13    youth achieve self-sufficiency prior to and after leaving
14    foster care.
15        (17) To attend court hearings and speak to the judge.
16        (18) To have storage space for private use.
17        (19) To be involved in the development of his or her
18    own case plan and plan for permanent placement.
19        (20) To review his or her own case plan and plan for
20    permanent placement, if he or she is 12 years of age or
21    older and in a permanent placement, and to receive
22    information about his or her out-of-home placement and
23    case plan, including being told of changes to the case
24    plan.
25        (21) To be free from unreasonable searches of personal
26    belongings.



10300SB1478sam001- 11 -LRB103 25788 KTG 57394 a

1        (22) To the confidentiality of all juvenile court
2    records consistent with existing law.
3        (23) To have fair and equal access to all available
4    services, placement, care, treatment, and benefits, and to
5    not be subjected to discrimination or harassment on the
6    basis of actual or perceived race, ethnic group
7    identification, ancestry, national origin, color,
8    religion, sex, sexual orientation, gender identity, mental
9    or physical disability, or HIV status.
10        (24) To have caregivers and child welfare personnel
11    who have received sensitivity training and instruction on
12    matters concerning race, ethnicity, national origin,
13    color, ancestry, religion, mental and physical disability,
14    and HIV status.
15        (25) To have caregivers and child welfare personnel
16    who have received instruction on cultural competency and
17    sensitivity relating to, and best practices for, providing
18    adequate care to lesbian, gay, bisexual, and transgender
19    youth in out-of-home care.
20        (26) At 16 years of age or older, to have access to
21    existing information regarding the educational options
22    available, including, but not limited to, the coursework
23    necessary for vocational and postsecondary educational
24    programs, and information regarding financial aid for
25    postsecondary education.
26        (27) To have access to age-appropriate, medically



10300SB1478sam001- 12 -LRB103 25788 KTG 57394 a

1    accurate information about reproductive health care, the
2    prevention of unplanned pregnancy, and the prevention and
3    treatment of sexually transmitted infections at 12 years
4    of age or older.
5        (28) To receive a copy of this Act from and have it
6    fully explained by the Department of Children and Family
7    Services when the child or adult is placed in the care of
8    the Department of Children and Family Services.
9        (29) To be placed in the least restrictive and most
10    family-like setting available and in close proximity to
11    his or her parent's home consistent with his or her
12    health, safety, best interests, and special needs.
13        (30) To participate in an age and developmentally
14    appropriate intake process immediately after placement in
15    the custody or guardianship of the Department. During the
16    intake process, the Department shall provide the youth
17    with a document describing inappropriate acts of
18    affection, discipline, and punishment by guardians, foster
19    parents, foster siblings, or any other adult responsible
20    for the youth's welfare. The Department shall review and
21    discuss the document with the child. The Department must
22    document completion of the intake process in the child's
23    records as well as giving a copy of the document to the
24    child.
25        (31) To participate in appropriate intervention and
26    counseling services after removal from the home of origin



10300SB1478sam001- 13 -LRB103 25788 KTG 57394 a

1    in order to assess whether the youth is exhibiting signs
2    of traumatic stress, special needs, or mental illness.
3        (32) To receive a home visit by an assigned child
4    welfare specialist, per existing Department policies and
5    procedures, on a monthly basis or more frequently as
6    needed. In addition to what existing policies and
7    procedures outline, home visits shall be used to assess
8    the youth's well-being and emotional health following
9    placement, to determine the youth's relationship with the
10    youth's guardian or foster parent or with any other adult
11    responsible for the youth's welfare or living in or
12    frequenting the home environment, and to determine what
13    forms of discipline, if any, the youth's guardian or
14    foster parent or any other person in the home environment
15    uses to correct the youth.
16        (33) To be enrolled in an independent living services
17    program prior to transitioning out of foster care where
18    the youth will receive classes and instruction,
19    appropriate to the youth's age and developmental capacity,
20    on independent living and self-sufficiency in the areas of
21    employment, finances, meals, and housing as well as help
22    in developing life skills and long-term goals.
23        (34) To be assessed by a third-party entity or agency
24    prior to enrollment in any independent living services
25    program in order to determine the youth's readiness for a
26    transition out of foster care based on the youth's



10300SB1478sam001- 14 -LRB103 25788 KTG 57394 a

1    individual needs, emotional development, and ability,
2    regardless of age, to make a successful transition to
3    adulthood.
4        (35) To have a court appoint an attorney to represent
5    the youth in any case arising under Article II of the
6    Juvenile Court Act of 1987 who will advocate for the
7    youth's wishes and make recommendations to the court
8    regarding the youth's care, including requests for court
9    intervention to address the youth's concerns, quality of
10    care, permanency goals, visitation, placement and service
11    plans, education, and needs. The changes made to this
12    Section by this amendatory Act of the 103rd General
13    Assembly apply to court proceedings pending or commenced
14    on or after 3 years of the effective date of this
15    amendatory Act of the 103rd General Assembly or a date
16    established by the Due Process for Youth Oversight
17    Commission, whichever is sooner.
18(Source: P.A. 102-810, eff. 1-1-23.)
19    Section 15. The Juvenile Court Act of 1987 is amended by
20changing Section 1-5 and by adding Section 1-6.5 as follows:
21    (705 ILCS 405/1-5)  (from Ch. 37, par. 801-5)
22    Sec. 1-5. Rights of parties to proceedings.
23    (1) Except as provided in this Section and paragraph (2)
24of Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is



10300SB1478sam001- 15 -LRB103 25788 KTG 57394 a

1the subject of the proceeding and his or her parents,
2guardian, legal custodian or responsible relative who are
3parties respondent have the right to be present, to be heard,
4to present evidence material to the proceedings, to
5cross-examine witnesses, to examine pertinent court files and
6records and also, although proceedings under this Act are not
7intended to be adversary in character, the right to be
8represented by counsel. Immediately upon the filing of a
9petition under Article II of this Act, the court shall appoint
10counsel for each minor who is the subject of that petition,
11unless the minor has already retained counsel. The changes
12made to this Section by this amendatory Act of the 103rd
13General Assembly apply to court proceedings pending or
14commenced on or after 3 years of the effective date of this
15amendatory Act of the 103rd General Assembly or a date
16established by the Due Process for Youth Oversight Commission,
17whichever is sooner.
18    At the request of any party financially unable to employ
19counsel, with the exception of a foster parent permitted to
20intervene under this Section, the court shall appoint the
21Public Defender or such other counsel as the case may require.
22Counsel appointed for the minor and any indigent party shall
23appear at all stages of the trial court proceeding, and such
24appointment shall continue through the permanency hearings and
25termination of parental rights proceedings subject to
26withdrawal, vacating of appointment, or substitution pursuant



10300SB1478sam001- 16 -LRB103 25788 KTG 57394 a

1to Supreme Court Rules or the Code of Civil Procedure.
2Following the dispositional hearing, the court may require
3appointed counsel, other than counsel for the minor or counsel
4for the guardian ad litem, to withdraw his or her appearance
5upon failure of the party for whom counsel was appointed under
6this Section to attend any subsequent proceedings.
7    No hearing on any petition or motion filed under this Act
8may be commenced unless the minor who is the subject of the
9proceeding is represented by counsel. Notwithstanding the
10preceding sentence, if a guardian ad litem has been appointed
11for the minor under Section 2-17 of this Act and the guardian
12ad litem is a licensed attorney at law of this State, or in the
13event that a court appointed special advocate has been
14appointed as guardian ad litem and counsel has been appointed
15to represent the court appointed special advocate, the court
16may not require the appointment of counsel to represent the
17minor unless the court finds that the minor's interests are in
18conflict with what the guardian ad litem determines to be in
19the best interest of the minor. Each adult respondent 8 years
20of age or older shall be furnished a written "Notice of Rights"
21at or before the first hearing at which the respondent he or
22she appears.
23    (1.5) The Department shall maintain a system of response
24to inquiry made by parents or putative parents as to whether
25their child is under the custody or guardianship of the
26Department; and if so, the Department shall direct the parents



10300SB1478sam001- 17 -LRB103 25788 KTG 57394 a

1or putative parents to the appropriate court of jurisdiction,
2including where inquiry may be made of the clerk of the court
3regarding the case number and the next scheduled court date of
4the minor's case. Effective notice and the means of accessing
5information shall be given to the public on a continuing basis
6by the Department.
7    (2) (a) Though not appointed guardian or legal custodian
8or otherwise made a party to the proceeding, any current or
9previously appointed foster parent or relative caregiver, or
10representative of an agency or association interested in the
11minor has the right to be heard by the court, but does not
12thereby become a party to the proceeding.
13    In addition to the foregoing right to be heard by the
14court, any current foster parent or relative caregiver of a
15minor and the agency designated by the court or the Department
16of Children and Family Services as custodian of the minor who
17is alleged to be or has been adjudicated an abused or neglected
18minor under Section 2-3 or a dependent minor under Section 2-4
19of this Act has the right to and shall be given adequate notice
20at all stages of any hearing or proceeding under this Act.
21    Any foster parent or relative caregiver who is denied his
22or her right to be heard under this Section may bring a
23mandamus action under Article XIV of the Code of Civil
24Procedure against the court or any public agency to enforce
25that right. The mandamus action may be brought immediately
26upon the denial of those rights but in no event later than 30



10300SB1478sam001- 18 -LRB103 25788 KTG 57394 a

1days after the foster parent has been denied the right to be
3    (b) If after an adjudication that a minor is abused or
4neglected as provided under Section 2-21 of this Act and a
5motion has been made to restore the minor to any parent,
6guardian, or legal custodian found by the court to have caused
7the neglect or to have inflicted the abuse on the minor, a
8foster parent may file a motion to intervene in the proceeding
9for the sole purpose of requesting that the minor be placed
10with the foster parent, provided that the foster parent (i) is
11the current foster parent of the minor or (ii) has previously
12been a foster parent for the minor for one year or more, has a
13foster care license or is eligible for a license or is not
14required to have a license, and is not the subject of any
15findings of abuse or neglect of any child. The juvenile court
16may only enter orders placing a minor with a specific foster
17parent under this subsection (2)(b) and nothing in this
18Section shall be construed to confer any jurisdiction or
19authority on the juvenile court to issue any other orders
20requiring the appointed guardian or custodian of a minor to
21place the minor in a designated foster home or facility. This
22Section is not intended to encompass any matters that are
23within the scope or determinable under the administrative and
24appeal process established by rules of the Department of
25Children and Family Services under Section 5(o) of the
26Children and Family Services Act. Nothing in this Section



10300SB1478sam001- 19 -LRB103 25788 KTG 57394 a

1shall relieve the court of its responsibility, under Section
22-14(a) of this Act to act in a just and speedy manner to
3reunify families where it is the best interests of the minor
4and the child can be cared for at home without endangering the
5child's health or safety and, if reunification is not in the
6best interests of the minor, to find another permanent home
7for the minor. Nothing in this Section, or in any order issued
8by the court with respect to the placement of a minor with a
9foster parent, shall impair the ability of the Department of
10Children and Family Services, or anyone else authorized under
11Section 5 of the Abused and Neglected Child Reporting Act, to
12remove a minor from the home of a foster parent if the
13Department of Children and Family Services or the person
14removing the minor has reason to believe that the
15circumstances or conditions of the minor are such that
16continuing in the residence or care of the foster parent will
17jeopardize the child's health and safety or present an
18imminent risk of harm to that minor's life.
19    (c) If a foster parent has had the minor who is the subject
20of the proceeding under Article II in his or her home for more
21than one year on or after July 3, 1994 and if the minor's
22placement is being terminated from that foster parent's home,
23that foster parent shall have standing and intervenor status
24except in those circumstances where the Department of Children
25and Family Services or anyone else authorized under Section 5
26of the Abused and Neglected Child Reporting Act has removed



10300SB1478sam001- 20 -LRB103 25788 KTG 57394 a

1the minor from the foster parent because of a reasonable
2belief that the circumstances or conditions of the minor are
3such that continuing in the residence or care of the foster
4parent will jeopardize the child's health or safety or
5presents an imminent risk of harm to the minor's life.
6    (d) The court may grant standing to any foster parent if
7the court finds that it is in the best interest of the child
8for the foster parent to have standing and intervenor status.
9    (3) Parties respondent are entitled to notice in
10compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
11and 4-15 or 5-525 and 5-530, as appropriate. At the first
12appearance before the court by the minor, his parents,
13guardian, custodian or responsible relative, the court shall
14explain the nature of the proceedings and inform the parties
15of their rights under the first 2 paragraphs of this Section.
16    If the child is alleged to be abused, neglected or
17dependent, the court shall admonish the parents that if the
18court declares the child to be a ward of the court and awards
19custody or guardianship to the Department of Children and
20Family Services, the parents must cooperate with the
21Department of Children and Family Services, comply with the
22terms of the service plans, and correct the conditions that
23require the child to be in care, or risk termination of their
24parental rights.
25    Upon an adjudication of wardship of the court under
26Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform the



10300SB1478sam001- 21 -LRB103 25788 KTG 57394 a

1parties of their right to appeal therefrom as well as from any
2other final judgment of the court.
3    When the court finds that a child is an abused, neglected,
4or dependent minor under Section 2-21, the court shall
5admonish the parents that the parents must cooperate with the
6Department of Children and Family Services, comply with the
7terms of the service plans, and correct the conditions that
8require the child to be in care, or risk termination of their
9parental rights.
10    When the court declares a child to be a ward of the court
11and awards guardianship to the Department of Children and
12Family Services under Section 2-22, the court shall admonish
13the parents, guardian, custodian, or responsible relative that
14the parents must cooperate with the Department of Children and
15Family Services, comply with the terms of the service plans,
16and correct the conditions that require the child to be in
17care, or risk termination of their parental rights.
18    (4) No sanction may be applied against the minor who is the
19subject of the proceedings by reason of his refusal or failure
20to testify in the course of any hearing held prior to final
21adjudication under Section 2-22, 3-23, 4-20 or 5-705.
22    (5) In the discretion of the court, the minor may be
23excluded from any part or parts of a dispositional hearing
24and, with the consent of the parent or parents, guardian,
25counsel or a guardian ad litem, from any part or parts of an
26adjudicatory hearing.



10300SB1478sam001- 22 -LRB103 25788 KTG 57394 a

1    (6) The general public except for the news media and the
2crime victim, as defined in Section 3 of the Rights of Crime
3Victims and Witnesses Act, shall be excluded from any hearing
4and, except for the persons specified in this Section only
5persons, including representatives of agencies and
6associations, who in the opinion of the court have a direct
7interest in the case or in the work of the court shall be
8admitted to the hearing. However, the court may, for the
9minor's safety and protection and for good cause shown,
10prohibit any person or agency present in court from further
11disclosing the minor's identity. Nothing in this subsection
12(6) prevents the court from allowing other juveniles to be
13present or to participate in a court session being held under
14the Juvenile Drug Court Treatment Act.
15    (7) A party shall not be entitled to exercise the right to
16a substitution of a judge without cause under subdivision
17(a)(2) of Section 2-1001 of the Code of Civil Procedure in a
18proceeding under this Act if the judge is currently assigned
19to a proceeding involving the alleged abuse, neglect, or
20dependency of the minor's sibling or half sibling and that
21judge has made a substantive ruling in the proceeding
22involving the minor's sibling or half sibling.
23(Source: P.A. 101-147, eff. 1-1-20.)
24    (705 ILCS 405/1-6.5 new)
25    Sec. 1-6.5. Counsel appointed for minors subject to



10300SB1478sam001- 23 -LRB103 25788 KTG 57394 a

1Article II proceedings.
2    (a) Counsel appointed by a court to represent a minor in
3neglect or abuse proceedings under Article II of this Act
4shall have a minimum of one in-person contact with the minor
5prior to each hearing and at least one in-person contact every
6quarter. For good cause shown, the court may allow video or
7telephonic contact in lieu of face-to-face interviews required
8under this Section or may excuse face-to-face interviews
9required under this Section if the minor's location is unknown
10to the Department or the minor's counsel.
11    (b) Counsel is prohibited from serving as the minor's
12guardian ad litem or being employed by the same law office as
13the minor's guardian ad litem. This subsection applies to
14proceedings pending or commenced on or after the effective
15date established by the Due Process for Youth Oversight
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".