DCFS-DUE PROCESS-YOUTH IN CARE
Summary
Amends the Children and Family Services Act. Creates the Due Process for Youth Oversight Commission (Commission) to oversee the creation and implementation of a youth's statutory right to counsel in abuse and neglect proceedings conducted in accordance with the Juvenile Court Act of 1987. Requires the Commission to provide direction and operational phases for implementation statewide, provide status reports and recommendations to the General Assembly regarding implementation, and provide ongoing implementation and program oversight for 5 years after statewide transition is completed. Contains provisions concerning the Commission's membership; term limits; scheduled meetings; data support provided by the Department of Children and Family Services; Commission duties; and the date of the Commission's dissolution. Amends the Foster Children's Bill of Rights Act. Expands the rights afforded to every child placed in foster care to include the right to have a court appoint an attorney to represent the youth in any abuse or neglect case who will advocate for the youth's wishes and make recommendations to the court regarding the youth's care. Provides that this right applies to court proceedings pending or commenced on or after a date established by the Commission by administrative rule. Amends the Juvenile Court Act of 1987. Provides that immediately upon the filing of an abuse or neglect petition, the court shall appoint counsel for each minor who is the subject of that petition, unless the minor has already retained counsel. Provides that this requirement shall apply to court proceedings pending or commenced on or after a date established by the Commission by administrative rule. Provides that each respondent in any petition filed under the Act who is 8 years of age or older shall be furnished a written "Notice of Rights" at or before the first hearing at which the respondent appears. Provides that counsel appointed by a court to represent a minor in neglect or abuse proceedings shall have a minimum of one in-person contact with the minor prior to each hearing and at least one in-person contact every quarter. Effective immediately.
Bill status
passed
3 of 4 stages cleared
Introduction
Mar 2023
Committee Review
Apr 2023
House Passage
Mar 2023
Governor
Introduced Mar 24, 2023
Last action Apr 15, 2024
Floor votes
How they voted
This bill passed the House by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
73
Key actions
5
Committee
9
Amendments
2
Apr 28, 2023
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Apr 11, 2023
Committee
Assigned to Judiciary - Civil Committee
lower
Mar 24, 2023
Committee
Referred to Rules Committee
lower
Mar 24, 2023
Introduced
Arrived in House
lower
Mar 24, 2023
Lower · Passed
Third Reading - Passed; 052-000-000
lower
Mar 22, 2023
Lower · Passed
Do Pass as Amended Judiciary; 009-000-000
lower
Mar 21, 2023
Lower · Passed
Senate Committee Amendment No. 1 Adopted; Judiciary
lower
Mar 10, 2023
Lower · Passed
Rule 2-10 Committee Deadline Established As March 24, 2023
lower
Feb 21, 2023
Lower · Passed
Senate Committee Amendment No. 1 Assignments Refers to Judiciary
lower
Feb 16, 2023
Committee
Senate Committee Amendment No. 1 Referred to Assignments
lower
Feb 16, 2023
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Ann Gillespie
lower
Feb 14, 2023
Committee
Assigned to Judiciary
lower
Feb 7, 2023
Committee
Referred to Assignments
lower
2 primary · 38 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Don Harmon
DDemocratic
P
Kelly Cassidy
DDemocratic
Co
Abdelnasser Rashid
DDemocratic
Co
Adriane Johnson
DDemocratic
Co
Camille Lilly
DDemocratic
Co
Carol Ammons
DDemocratic
Co
Celina Villanueva
DDemocratic
Co
Christopher Belt
DDemocratic
Co
Cristina Castro
DDemocratic
Co
Cristina H. Pacione-Zayas
DDemocratic
Co
Dave Koehler
DDemocratic
Co
Doris Turner
DDemocratic
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