UNIT II - ABUSED, NEGLECTED, OR DEPENDENT MINORS (ARTICLE II, 705 ILCS 405/2)

I. Guardian ad litem (705 ILCS 405/2-17): Immediately upon the filing of a petition alleging that a minor is abused, neglected or dependent, the court shall appoint a 'Guardian ad litem' for the minor. This appointment is based upon the allegation of child abuse itself, if the charges involve sex offenses (as described in ILCS 720), and the minor is the alleged victim.

Before proceeding with the hearing, the court will appoint a Guardian ad litem for the minor if:

No parent, guardian, custodian, or relative appears at the first or any subsequent hearing of the case;

The petition prays for the appointment of a guardian with power to consent to adoption; or

The petition for which the minor is before the court resulted from a report made pursuant to the Abused, Neglected Child Reporting Act (325 ILCS 5/1).

Unless the guardian ad litem is an attorney at law, he or she will be represented by counsel. It is important to remember that the Guardian ad litem shall represent the best interests of the minor and present recommendations to the court that are consistent with that duty.

In certain counties with a population under three million, the court may appoint a special advocate in addition to a Guardian ad litem upon the filing of a petition under this Article at the Disposition Hearing.