705 ILCS 405/2-17
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article II - Abused, Neglected Or Dependent Minors

 (from Ch. 37, par. 802-17)Sec. 2-17. Guardian ad litem.(1) Immediately upon the filing of a petition alleging that the minor is  a person described in Sections 2-3 or 2-4 of this Article, the court shall  appoint a guardian ad litem for the minor if:(a) such petition alleges that the minor is an abused     or neglected child; or(b) such petition alleges that charges alleging the     commission of any of the sex offenses defined in Article 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, have been filed against a defendant in any court and that such minor is the alleged victim of the acts of defendant in the commission of such offense.Unless the guardian ad litem appointed pursuant to this paragraph  (1) is an attorney at law, he or she shall be represented in the performance  of his or her duties by counsel.  The guardian ad litem shall represent the best  interests of the minor and shall present recommendations to the court  consistent with that duty.(2) Before proceeding with the hearing, the court shall  appoint a guardian ad litem for the minor if:(a) no parent, guardian, custodian or relative of the     minor appears at the first or any subsequent hearing of the case;(b) the petition prays for the appointment of a     guardian with power to consent to adoption; or(c) the petition for which the minor is before the     court resulted from a report made pursuant to the Abused and Neglected Child Reporting Act.(3) The court may appoint a guardian ad litem for the minor whenever  it finds that there may be a conflict of interest between the minor and  his parents or other custodian or that it is otherwise in the minor's  best interest to do so.(4) Unless the guardian ad litem is an attorney, he or she shall be  represented by counsel.(4.5) Pursuant to Section 6b-1 of the Children and Family Services Act, the Department of Children and Family Services must maintain the name, electronic mail address, and telephone number for each minor's court-appointed guardian ad litem and, if applicable, the guardian ad litem's supervisor. The Department of Children and Family Services must update this contact information within 5 days of receiving notice of a change. The Advocacy Office for Children and Families, established pursuant to Section 5e of the Children and Family Services Act, must make this contact information available to the minor, current foster parent or caregiver, or caseworker, if requested.(5) The reasonable fees of a guardian ad litem appointed under this  Section shall be fixed by the court and charged to the parents of the  minor, to the extent they are able to pay.  If the parents are unable to  pay those fees, they shall be paid from the general fund of the county.(6) A guardian ad litem appointed under this Section, shall receive  copies of any and all classified reports of child abuse and neglect made  under the Abused and Neglected Child Reporting Act in which the minor who  is the subject of a report under the Abused and Neglected Child Reporting  Act, is also the minor for whom the guardian ad litem is appointed under  this Section.(6.5) A guardian ad litem appointed under this Section or attorney appointed under this Act shall receive  a copy of each significant event report that involves the minor no later than 3 days after the Department learns of an event requiring a significant event report to be written, or earlier as required by Department rule.(7) The appointed  guardian ad  litem shall remain the minor's guardian ad litem throughout the entire juvenile  trial court  proceedings, including permanency hearings and termination of parental rights  proceedings, unless there is a substitution entered by order of the court.(8) The guardian  ad  litem or an agent of the guardian ad litem shall have a minimum of one  in-person contact with the minor and one contact with one  of the  current foster parents or caregivers prior to the  adjudicatory hearing, and at  least one additional in-person contact with the child and one contact with  one of the  current foster  parents or caregivers after the adjudicatory hearing but  prior to the first permanency hearing  and one additional in-person contact with the child and one contact with one  of the current  foster parents or caregivers each subsequent year.  For good cause shown, the  judge may excuse face-to-face interviews required in this subsection.(9) In counties with a population of 100,000 or more but less than  3,000,000, each guardian ad litem must successfully complete a training program  approved by the Department of Children and Family Services.  The Department of  Children and Family Services shall provide training materials and documents to  guardians ad litem who are not mandated to attend the training program.  The  Department of Children and Family Services shall develop  and  distribute to all guardians ad litem a bibliography containing information  including but not limited to the juvenile court process, termination of  parental rights, child development, medical aspects of child abuse, and the  child's need for safety and permanence.  (Source: P.A. 101-81, eff. 7-12-19; 102-208, eff. 7-30-21.)