Public Act 102-0607
 
HB3277 EnrolledLRB102 03958 RLC 13974 b


  
    AN ACT concerning courts.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Juvenile Court Act of 1987 is amended  by 
changing Section 2-17.1 as follows:
 



    (705 ILCS 405/2-17.1)



    Sec. 2-17.1. Court appointed special advocate. 

    (1) The court shall may appoint a special advocate
upon 
the filing of a petition under this Article or
at any time 
during the pendency of a proceeding under this Article if 
special advocates are available.
The Except in counties with a 
population over 3,000,000, the
court appointed special 
advocate may also serve as guardian ad litem by
appointment of 
the court under Section 2-17 of this Act.

    (1.2) In counties of populations over 3,000,000 the court 
may appoint a special advocate upon the filing of a petition 
under this Article or at any time during the pendency of a 
proceeding under this Article. No special advocate shall act 
as guardian ad litem in counties of populations over 
3,000,000. 
    (1.5) "Court appointed special advocate" means a community 
volunteer who:
        (a) is 21 or older;
        (b) shall receive training with State and nationally 
    developed standards, has been screened and trained 
    regarding child abuse and neglect, child development, and 
    juvenile court proceedings according to the standards of 
    the National CASA Association;
        (c) is being actively supervised by a court appointed 
    special advocate program in good standing with the 
    Illinois Association of Court Appointed Special Advocates; 
    and
        (d) has been sworn in by a circuit court judge 
    assigned to  juvenile cases in the circuit court in which 
    he or she wishes to serve.
        Court appointed special advocate programs shall 
promote policies, practices, and procedures that are 
culturally competent. As used in this Section, "cultural 
competency" means the capacity to function in more than one 
culture, requiring the ability to appreciate, understand, and 
interact with members of diverse populations within the local 
community. 
    (2) The court appointed special advocate shall:
        (a) conduct an independent assessment to monitor the 
    facts and circumstances surrounding the case by monitoring 
    the court order;
        (b) maintain regular and sufficient in-person contact 
    with the minor;
        (c) submit written reports to the court regarding the 
    minor's best interests;
        (d) advocate for timely court hearings to obtain 
    permanency for the minor;
        (e) be notified of all administrative case reviews 
    pertaining to the minor and work with the parties' 
    attorneys, the guardian ad litem, and others assigned to 
    the minor's case to protect the minor's health, safety, 
    and best interests and insure the proper delivery of child 
    welfare services;
        (f) attend all court hearings and other proceedings to 
    advocate for the minor's best interests;
        (g) monitor compliance with the case plan and all 
    court orders; and
        (h) review all court documents that relate to the 
    minor child.
         act as a monitor and
shall be notified of all

    administrative case reviews pertaining to the minor and 
    work with the
parties' attorneys, the guardian ad litem, 
    and others assigned to the
minor's case to protect the 
    minor's health, safety and best interests and
insure the 
    proper
delivery of child welfare services.
    (2.1)
The court may consider, at its discretion, testimony 
of the court
appointed special advocate pertaining to the 
well-being of the minor child.
    (2.2) Upon presentation of an order of appointment, a 
court appointed special advocate shall have access to all 
records and information relevant to the minor's case with 
regard to the minor child.
    (2.2-1) All records and information acquired, reviewed, or 
produced by a court appointed special advocate during the 
course of his or her appointment shall be deemed confidential 
and shall not be disclosed except as ordered by the court. 

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

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

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

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

    (6) The court may remove the court appointed special 
advocate or the
guardian ad litem from a case upon finding that 
the court appointed special
advocate or the guardian ad litem 
has acted in a manner contrary to the
child's best interest or 
if the court otherwise deems continued service is
unwanted or 
unnecessary.

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

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

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

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