Child Law

(Croke, D-Chicago; Feigenholtz, D-Chicago) amends the School Code provisions to include in the definition of bullying to include bullying based on physical appearance, socioeconomic status, academic status, pregnancy, parenting status, and homelessness. Requires that a school district’s bullying prevention policy must include procedures for informing parents or guardians of all students involved in the alleged incident of bullying within 24 hours after the school’s administration is made aware of the incident. Requires that all individual instances of bullying, as well as all threats, suggestions, or instances of self-harm be reported to the parents or legal guardians of those involved under the guidelines provided. Passed both chambers. 

(Costa-Howard, D-Lombard; Halpin, D-Rock Island) amends the guardian ad litem statute in the Illinois Marriage and Dissolution of Marriage Act to clarify and resolve issues with the duties of guardian ad litem. These changes are as follows:  (1) Requiring a written report or recommendations not less than 30 days before a final hearing or trial unless the court directs otherwise. It also allows the judge to direct that the GAL propose an allocation order in addition to the written report or recommendations. This is to prevent going to trial and having a “surprise” GAL recommendation at trial with no writing provided in advance. 
(2) It also states that the report or recommendations are to be admitted into evidence without the need for any foundation. 
(3) Allows the GAL, at the discretion of the court, to: (a) be present for all proceedings, including in-camera examinations of the child;
(b) issue subpoenas for records as part of his or her investigation; and 
(c) file pleadings relating to procedural matters. 

Passed both chambers. 
 

(Tarver, D-Chicago; Ventura, D-Joliet) amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963 to expand the definition of “protected person” in provisions prohibiting certain deceptive tactics during custodial interrogation to include persons with severe or profound intellectual or developmental disabilities. Passed both chambers. 

(Niemerg, R-Teutopolis; Rose, R-Champaign) amends the Code of Criminal procedure to make a rebuttable presumption that the testimony of a victim who is a child under 13 years of age may testify outside the courtroom to be shown in the courtroom by means of closed-circuit television. This presumption may be overcome if the defendant can prove by clear and convincing evidence that the child victim will not suffer severe emotional distress. Before the court permits the testimony of victims under this Section by means of a closed-circuit television, the court must make a finding that the testimony does not prejudice the defendant. Passed both chambers. 

(Jimenez, D-Chicago; Simmons, D-Chicago) amends the Juvenile Court Act to give judges more discretion in sentencing if the minor was a survivor of sexual assault, sex trafficking or domestic violence. Passed both chambers. 

(Costa-Howard, D-Lombard; Halpin, D-Rock Island) amends the guardian ad litem statute in the Illinois Marriage and Dissolution of Marriage Act to clarify and resolve issues with the duties of guardian ad litem. These changes are as follows:

● Requiring a written report or recommendations not less than 30 days before a final hearing or trial unless the court directs otherwise. It also allows the judge to direct that the GAL propose an allocation order in addition to the written report or recommendations. This is to prevent going to trial and having a “surprise” GAL recommendation at trial with no writing provided in advance. 

● It also states that the report or recommendations are to be admitted into evidence without the need for any foundation.

● Allows the GAL, at the discretion of the court, to:

(a) be present for all proceedings, including in-camera examinations of the child;

(b) issue subpoenas for records as part of his or her investigation; and

(c) file pleadings relating to procedural matters.

House Bill 1555 has passed both chambers.