Bill Amendment: IL HB4294 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: JUV CT-RECORDS ACCESS-APPEAL

Status: 2020-06-23 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4294 Detail]

Download: Illinois-2019-HB4294-House_Amendment_001.html

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Rep. Will Guzzardi

Filed: 2/20/2020

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AMENDMENT TO HOUSE BILL 4294
AMENDMENT NO. ______. Amend House Bill 4294 by replacing
everything after the enacting clause with the following:
"Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 1-5 and 1-8 as follows:
(705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
Sec. 1-5. Rights of parties to proceedings.
(1) Except as provided in this Section and paragraph (2) of
Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is the
subject of the proceeding and his or her parents, guardian,
legal custodian or responsible relative who are parties
respondent have the right to be present, to be heard, to
present evidence material to the proceedings, to cross-examine
witnesses, to examine pertinent court files and records and
also, although proceedings under this Act are not intended to
be adversary in character, the right to be represented by

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counsel. At the request of any party financially unable to
employ counsel, with the exception of a foster parent permitted
to intervene under this Section, the court shall appoint the
Public Defender or such other counsel as the case may require.
Counsel appointed for the minor and any indigent party shall
appear at all stages of the trial court proceeding, and such
appointment shall continue through the permanency hearings and
termination of parental rights proceedings subject to
withdrawal, vacating of appointment, or substitution pursuant
to Supreme Court Rules or the Code of Civil Procedure.
Following the dispositional hearing, the court may require
appointed counsel, other than counsel for the minor or counsel
for the guardian ad litem, to withdraw his or her appearance
upon failure of the party for whom counsel was appointed under
this Section to attend any subsequent proceedings.
No hearing on any petition or motion filed under this Act
may be commenced unless the minor who is the subject of the
proceeding is represented by counsel. Notwithstanding the
preceding sentence, if a guardian ad litem has been appointed
for the minor under Section 2-17 of this Act and the guardian
ad litem is a licensed attorney at law of this State, or in the
event that a court appointed special advocate has been
appointed as guardian ad litem and counsel has been appointed
to represent the court appointed special advocate, the court
may not require the appointment of counsel to represent the
minor unless the court finds that the minor's interests are in

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conflict with what the guardian ad litem determines to be in
the best interest of the minor. Each adult respondent shall be
furnished a written "Notice of Rights" at or before the first
hearing at which he or she appears.
(1.5) The Department shall maintain a system of response to
inquiry made by parents or putative parents as to whether their
child is under the custody or guardianship of the Department;
and if so, the Department shall direct the parents or putative
parents to the appropriate court of jurisdiction, including
where inquiry may be made of the clerk of the court regarding
the case number and the next scheduled court date of the
minor's case. Effective notice and the means of accessing
information shall be given to the public on a continuing basis
by the Department.
(2) (a) Though not appointed guardian or legal custodian or
otherwise made a party to the proceeding, any current or
previously appointed foster parent or relative caregiver, or
representative of an agency or association interested in the
minor has the right to be heard by the court, but does not
thereby become a party to the proceeding.
In addition to the foregoing right to be heard by the
court, any current foster parent or relative caregiver of a
minor and the agency designated by the court or the Department
of Children and Family Services as custodian of the minor who
is alleged to be or has been adjudicated an abused or neglected
minor under Section 2-3 or a dependent minor under Section 2-4

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of this Act has the right to and shall be given adequate notice
at all stages of any hearing or proceeding under this Act.
Any foster parent or relative caregiver who is denied his
or her right to be heard under this Section may bring a
mandamus action under Article XIV of the Code of Civil
Procedure against the court or any public agency to enforce
that right. The mandamus action may be brought immediately upon
the denial of those rights but in no event later than 30 days
after the foster parent has been denied the right to be heard.
(b) If after an adjudication that a minor is abused or
neglected as provided under Section 2-21 of this Act and a
motion has been made to restore the minor to any parent,
guardian, or legal custodian found by the court to have caused
the neglect or to have inflicted the abuse on the minor, a
foster parent may file a motion to intervene in the proceeding
for the sole purpose of requesting that the minor be placed
with the foster parent, provided that the foster parent (i) is
the current foster parent of the minor or (ii) has previously
been a foster parent for the minor for one year or more, has a
foster care license or is eligible for a license or is not
required to have a license, and is not the subject of any
findings of abuse or neglect of any child. The juvenile court
may only enter orders placing a minor with a specific foster
parent under this subsection (2)(b) and nothing in this Section
shall be construed to confer any jurisdiction or authority on
the juvenile court to issue any other orders requiring the

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appointed guardian or custodian of a minor to place the minor
in a designated foster home or facility. This Section is not
intended to encompass any matters that are within the scope or
determinable under the administrative and appeal process
established by rules of the Department of Children and Family
Services under Section 5(o) of the Children and Family Services
Act. Nothing in this Section shall relieve the court of its
responsibility, under Section 2-14(a) of this Act to act in a
just and speedy manner to reunify families where it is the best
interests of the minor and the child can be cared for at home
without endangering the child's health or safety and, if
reunification is not in the best interests of the minor, to
find another permanent home for the minor. Nothing in this
Section, or in any order issued by the court with respect to
the placement of a minor with a foster parent, shall impair the
ability of the Department of Children and Family Services, or
anyone else authorized under Section 5 of the Abused and
Neglected Child Reporting Act, to remove a minor from the home
of a foster parent if the Department of Children and Family
Services or the person removing the minor has reason to believe
that the circumstances or conditions of the minor are such that
continuing in the residence or care of the foster parent will
jeopardize the child's health and safety or present an imminent
risk of harm to that minor's life.
(c) If a foster parent has had the minor who is the subject
of the proceeding under Article II in his or her home for more

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than one year on or after July 3, 1994 and if the minor's
placement is being terminated from that foster parent's home,
that foster parent shall have standing and intervenor status
except in those circumstances where the Department of Children
and Family Services or anyone else authorized under Section 5
of the Abused and Neglected Child Reporting Act has removed the
minor from the foster parent because of a reasonable belief
that the circumstances or conditions of the minor are such that
continuing in the residence or care of the foster parent will
jeopardize the child's health or safety or presents an imminent
risk of harm to the minor's life.
(d) The court may grant standing to any foster parent if
the court finds that it is in the best interest of the child
for the foster parent to have standing and intervenor status.
(3) Parties respondent are entitled to notice in compliance
with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14 and 4-15 or
5-525 and 5-530, as appropriate. At the first appearance before
the court by the minor, his parents, guardian, custodian or
responsible relative, the court shall explain the nature of the
proceedings and inform the parties of their rights under the
first 2 paragraphs of this Section.
If the child is alleged to be abused, neglected or
dependent, the court shall admonish the parents that if the
court declares the child to be a ward of the court and awards
custody or guardianship to the Department of Children and
Family Services, the parents must cooperate with the Department

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of Children and Family Services, comply with the terms of the
service plans, and correct the conditions that require the
child to be in care, or risk termination of their parental
rights.
Upon an adjudication of wardship of the court under
Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform the
parties of their right to appeal therefrom as well as from any
other final judgment of the court.
When the court finds that a child is an abused, neglected,
or dependent minor under Section 2-21, the court shall admonish
the parents that the parents must cooperate with the Department
of Children and Family Services, comply with the terms of the
service plans, and correct the conditions that require the
child to be in care, or risk termination of their parental
rights.
When the court declares a child to be a ward of the court
and awards guardianship to the Department of Children and
Family Services under Section 2-22, the court shall admonish
the parents, guardian, custodian, or responsible relative that
the parents must cooperate with the Department of Children and
Family Services, comply with the terms of the service plans,
and correct the conditions that require the child to be in
care, or risk termination of their parental rights.
(4) No sanction may be applied against the minor who is the
subject of the proceedings by reason of his refusal or failure
to testify in the course of any hearing held prior to final

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adjudication under Section 2-22, 3-23, 4-20 or 5-705.
(5) In the discretion of the court, the minor may be
excluded from any part or parts of a dispositional hearing and,
with the consent of the parent or parents, guardian, counsel or
a guardian ad litem, from any part or parts of an adjudicatory
hearing.
(6) The general public except for the news media and the
crime victim, as defined in Section 3 of the Rights of Crime
Victims and Witnesses Act, shall be excluded from any hearing
involving a case brought under this Act, including the
reviewing courts, and, except for the persons specified in this
Section only persons, including representatives of agencies
and associations, who in the opinion of the court have a direct
interest in the case or in the work of the court shall be
admitted to the hearing. Audio or visual broadcasts involving a
case under this Act shall be prohibited, except that any
recording made may be released upon petition under the
provisions of Section 1-8. However, the court may, for the
minor's safety and protection and for good cause shown,
prohibit any person or agency present in court from further
disclosing the minor's identity. Nothing in this subsection (6)
prevents the court from allowing other juveniles to be present
or to participate in a court session being held under the
Juvenile Drug Court Treatment Act.
(7) A party shall not be entitled to exercise the right to
a substitution of a judge without cause under subdivision

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(a)(2) of Section 2-1001 of the Code of Civil Procedure in a
proceeding under this Act if the judge is currently assigned to
a proceeding involving the alleged abuse, neglect, or
dependency of the minor's sibling or half sibling and that
judge has made a substantive ruling in the proceeding involving
the minor's sibling or half sibling.
(Source: P.A. 101-147, eff. 1-1-20.)
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
(A) A juvenile adjudication shall never be considered a
conviction nor shall an adjudicated individual be considered a
criminal. Unless expressly allowed by law, a juvenile
adjudication shall not operate to impose upon the individual
any of the civil disabilities ordinarily imposed by or
resulting from conviction. Unless expressly allowed by law,
adjudications shall not prejudice or disqualify the individual
in any civil service application or appointment, from holding
public office, or from receiving any license granted by public
authority. All juvenile court records, including records and
files in the reviewing courts, which have not been expunged are
sealed and may never be disclosed to the general public or
otherwise made widely available. Sealed juvenile court records
may be obtained only under this Section and Section 1-7 and
Part 9 of Article V of this Act, when their use is needed for

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good cause and with an order from the juvenile court or
reviewing court. Inspection and copying of juvenile court
records relating to a minor who is the subject of a proceeding
under this Act shall be restricted to the following:
(1) The minor who is the subject of record, his or her
parents, guardian, and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing an
arrest or search warrant or other compulsory process, or to
conducting an ongoing investigation or relating to a minor
who has been adjudicated delinquent and there has been a
previous finding that the act which constitutes the
previous offense was committed in furtherance of criminal
activities by a criminal street gang.
Before July 1, 1994, for the purposes of this Section,
"criminal street gang" means any ongoing organization,
association, or group of 3 or more persons, whether formal
or informal, having as one of its primary activities the
commission of one or more criminal acts and that has a
common name or common identifying sign, symbol or specific
color apparel displayed, and whose members individually or
collectively engage in or have engaged in a pattern of
criminal activity.
Beginning July 1, 1994, for purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus

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Prevention Act.
(3) Judges, hearing officers, prosecutors, public
defenders, probation officers, social workers, or other
individuals assigned by the court to conduct a
pre-adjudication or pre-disposition investigation, and
individuals responsible for supervising or providing
temporary or permanent care and custody for minors under
the order of the juvenile court when essential to
performing their responsibilities.
(4) Judges, federal, State, and local prosecutors,
public defenders, probation officers, and designated
staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a proceeding to determine the amount of
bail;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a pre-trial investigation, pre-sentence
investigation or fitness hearing, or proceedings on an
application for probation; or
(d) when a minor becomes 18 years of age or older,
and is the subject of criminal proceedings, including a

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hearing to determine the amount of bail, a pre-trial
investigation, a pre-sentence investigation, a fitness
hearing, or proceedings on an application for
probation.
(5) Adult and Juvenile Prisoner Review Boards.
(6) Authorized military personnel.
(6.5) Employees of the federal government authorized
by law.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment
plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court and
the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity and
protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as
required in Section 6-204 of the Illinois Vehicle Code.
However, information reported relative to these offenses
shall be privileged and available only to the Secretary of
State, courts, and police officers.
(10) The administrator of a bonafide substance abuse

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student assistance program with the permission of the
presiding judge of the juvenile court.
(11) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile court records or
the respondent to a petition brought under the Sexually
Violent Persons Commitment Act, who is the subject of
juvenile court records sought. Any records and any
information obtained from those records under this
paragraph (11) may be used only in sexually violent persons
commitment proceedings.
(12) Collection agencies, contracted or otherwise
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(A-1) Findings and exclusions of paternity entered in
proceedings occurring under Article II of this Act shall be
disclosed, in a manner and form approved by the Presiding Judge
of the Juvenile Court, to the Department of Healthcare and
Family Services when necessary to discharge the duties of the
Department of Healthcare and Family Services under Article X of
the Illinois Public Aid Code.
(B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding

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disclosure of identity as the minor who is the subject of
record.
(C)(0.1) In cases where the records concern a pending
juvenile court case or appeal, the requesting party seeking to
inspect the juvenile court records shall provide actual notice
to the attorney or guardian ad litem of the minor whose records
are sought.
(0.2) In cases where the juvenile court records concern a
juvenile court case that is no longer pending, the requesting
party seeking to inspect the juvenile court records shall
provide actual notice to the minor or the minor's parent or
legal guardian, and the matter shall be referred to the chief
judge presiding over matters pursuant to this Act.
(0.3) In determining whether juvenile court records should
be made available for inspection and whether inspection should
be limited to certain parts of the file, the court shall
consider the minor's interest in confidentiality and
rehabilitation over the requesting party's interest in
obtaining the information. The State's Attorney, the minor, and
the minor's parents, guardian, and counsel shall at all times
have the right to examine court files and records.
(0.4) Any records obtained in violation of this Section
shall not be admissible in any criminal or civil proceeding, or
operate to disqualify a minor from subsequently holding public
office, or operate as a forfeiture of any public benefit,
right, privilege, or right to receive any license granted by

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public authority.
(D) Pending or following any adjudication of delinquency
for any offense defined in Sections 11-1.20 through 11-1.60 or
12-13 through 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the victim of any such offense shall
receive the rights set out in Sections 4 and 6 of the Bill of
Rights for Victims and Witnesses of Violent Crime Act; and the
juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be
treated as an adult for the purpose of affording such rights to
the victim.
(E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of the federal
government, or any state, county, or municipality examining the
character and fitness of an applicant for employment with a law
enforcement agency, correctional institution, or fire
department to ascertain whether that applicant was ever
adjudicated to be a delinquent minor and, if so, to examine the
records of disposition or evidence which were made in
proceedings under this Act.
(F) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,

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shall provide a copy of the dispositional order to the
principal or chief administrative officer of the school. Access
to the dispositional order shall be limited to the principal or
chief administrative officer of the school and any guidance
counselor designated by him or her.
(G) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(H) When a court hearing a proceeding under Article II of
this Act becomes aware that an earlier proceeding under Article
II had been heard in a different county, that court shall
request, and the court in which the earlier proceedings were
initiated shall transmit, an authenticated copy of the juvenile
court record, including all documents, petitions, and orders
filed and the minute orders, transcript of proceedings, and
docket entries of the court.
(I) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required by
the Department of State Police, the final disposition of each
minor who has been arrested or taken into custody before his or
her 18th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information
reported to the Department under this Section may be maintained

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with records that the Department files under Section 2.1 of the
Criminal Identification Act.
(J) The changes made to this Section by Public Act 98-61
apply to juvenile law enforcement records of a minor who has
been arrested or taken into custody on or after January 1, 2014
(the effective date of Public Act 98-61).
(K) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (K) shall not apply to the person who is the
subject of the record.
(L) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18;
100-1162, eff. 12-20-18.)".