Illinois Compiled Statutes 705 ILCS 405/4-16 – Guardian ad litem
Current as of: 2024 | Check for updates
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(1) Immediately upon the filing of a petition alleging that the minor is a person described in Section 4-3 of this Act, the court may appoint a guardian ad litem for the minor if:
(a) such petition alleges that the minor is the
(a) such petition alleges that the minor is the
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victim of sexual abuse or misconduct; or
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(b) such petition alleges that charges alleging the
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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 the defendant in the commission of such offense.
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Unless the guardian ad litem appointed pursuant to this paragraph (1) is an attorney at law the guardian ad litem shall be represented in the performance of the guardian ad litem’s duties by counsel.
(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
Terms Used In Illinois Compiled Statutes 705 ILCS 405/4-16
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(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
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minor appears at the first or any subsequent hearing of the case;
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(b) the petition prays for the appointment of a
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guardian with power to consent to adoption; or
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(c) the petition for which the minor is before the
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court resulted from a report made pursuant to the Abused and Neglected Child Reporting Act.
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(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 the minor’s parents or other custodian or that it is otherwise in the minor’s interest to do so.
(4) Unless the guardian ad litem is an attorney, the guardian ad litem shall be represented by counsel.
(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.
(4) Unless the guardian ad litem is an attorney, the guardian ad litem shall be represented by counsel.
(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.