ILCS » Chapter 705 · Act 405
Illinois Compiled Statutes

705 ILCS 405/2-17 (2026)

Guardian ad litem

✓ current as of May 2026
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(705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
    Sec. 2-17. Guardian ad litem.
    (1) Immediately upon the filing of a petition alleging that the minor is a person described in Sections 2-3 or 2-4 of this Article, the court shall appoint a guardian ad litem for the minor if:
        (a) such petition alleges that the minor is an abused
    
or neglected child; or
        (b) such petition alleges that charges alleging the
    
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.
    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. The guardian ad litem shall represent the best interests of the minor and shall present recommendations to the court consistent with that duty.
    (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
    
minor appears at the first or any subsequent hearing of the case;
        (b) the petition prays for the appointment of a
    
guardian with power to consent to adoption; or
        (c) the petition for which the minor is before the
    
court resulted from a report made pursuant to the Abused and Neglected Child Reporting Act.
    (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 best interest to do so.
    (4) Unless the guardian ad litem is an attorney, the guardian ad litem shall be represented by counsel.
    (4.5) Pursuant to Section 6b-1 of the Children and Family Services Act, the Department of Children and Family Services must maintain the name, electronic mail address, and telephone number for each minor's court-appointed guardian ad litem and, if applicable, the guardian ad litem's supervisor. The Department of Children and Family Services must update this contact information within 5 days of receiving notice of a change. The Advocacy Office for Children and Families, established pursuant to Section 5e of the Children and Family Services Act, must make this contact information available to the minor, current foster parent or caregiver, or caseworker, if requested.
    (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.
    (6) A guardian ad litem appointed under this Section, shall receive copies of any and all classified reports of child abuse and neglect made under the Abused and Neglected Child Reporting Act in which the minor who is the subject of a report under the Abused and Neglected Child Reporting Act, is also the minor for whom the guardian ad litem is appointed under this Section.
    (6.5) A guardian ad litem appointed under this Section or attorney appointed under this Act shall receive a copy of each significant event report that involves the minor no later than 3 days after the Department learns of an event requiring a significant event report to be written, or earlier as required by Department rule.
    (7) The appointed guardian ad litem shall remain the minor's guardian ad litem throughout the entire juvenile trial court proceedings, including permanency hearings and termination of parental rights proceedings, unless there is a substitution entered by order of the court.
    (8) The guardian ad litem or an agent of the guardian ad litem shall have a minimum of one in-person contact with the minor and one contact with one of the current foster parents or caregivers prior to the adjudicatory hearing, and at least one additional in-person contact with the child and one contact with one of the current foster parents or caregivers after the adjudicatory hearing but prior to the first permanency hearing and one additional in-person contact with the child and one contact with one of the current foster parents or caregivers each subsequent year. For good cause shown, the judge may excuse face-to-face interviews required in this subsection.
    (9) In counties with a population of 100,000 or more but less than 3,000,000, each guardian ad litem must successfully complete a training program approved by the Department of Children and Family Services. The Department of Children and Family Services shall provide training materials and documents to guardians ad litem who are not mandated to attend the training program. The Department of Children and Family Services shall develop and distribute to all guardians ad litem a bibliography containing information including but not limited to the juvenile court process, termination of parental rights, child development, medical aspects of child abuse, and the child's need for safety and permanence.
(Source: P.A. 102-208, eff. 7-30-21; 103-22, eff. 8-8-23.)

    
Notes of Decisions
Cited in 17 cases (4 in the last 5 years), 1997–2026 · leading case: People v. Austin M., 2012 IL 111194 (Ill. 2012).
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People v. Austin M., 2012 IL 111194 (Ill. 2012). · cites it 5× “” 705 ILCS 405/2-17(1) (West 2006). Thus, in an abuse and neglect proceeding, a GAL is, in essence, an arm of the court.”
People v. Delores W., 862 N.E.2d 589 (Ill. App. Ct. 2006). · cites it 4× “Compare 705 ILCS 405/2-17(1) (West 1998). Additionally, we noted that Delores W.”
In Re Gustavo H., 841 N.E.2d 50 (Ill. App. Ct. 2005). · cites it 2× “705 ILCS 405/2-17(1) (West 2004). The guardian ad litem is charged with representing the best interests of the minor and with presenting recommendations to the court consistent with that duty.”
People v. Tracie G., 941 N.E.2d 192 (Ill. App. Ct. 2010). “705 ILCS 405/2-17 (West 2008); S.G., 347 Ill.”
In Re Jd, 815 N.E.2d 13 (Ill. App. Ct. 2004). · cites it 2× “705 ILCS 405/2-17(1)(a) (West 2000). The guardian ad litem must also be represented by counsel unless the guardian ad litem is an attorney himself.”
In re R.J., 2022 IL App (1st) 211542 (Ill. App. Ct. 2022). “§ 11a-3(a); 705 ILCS 405/2-17 (West 2020). ¶ 40 And it makes perfect sense that guardianship proceedings would be included in this rule along with estate proceedings.”
In Re Justin T., 684 N.E.2d 930 (Ill. App. Ct. 1997). · cites it 2× “Justin contends that the trial court was required to appoint a guardian ad litem to represent him because the plain language of section 2-17 of the Juvenile Court Act (705 ILCS 405/2-17 (West 1992)) provides that the court "shall" appoint a guardian ad litem upon the filing of…”
In Re Ds, 763 N.E.2d 251 (Ill. 2002). “" 705 ILCS 405/2-17(1) (West 1998). Therefore, minors, such as D.”
Nichols v. Fahrenkamp, 2019 IL 123990 (Ill. 2021). “§ 27-3; 750 ILCS 5/506 (West 2016); see also 705 ILCS 405/2-17 (West 2016). Reconciling all these provisions would help prevent further confusion.”
Nichols v. Fahrenkamp, 2019 IL 123990 (Ill. 2019). “§ 27-3; 750 ILCS 5/506 (West 2016); see also 705 ILCS 405/2-17 (West 2016). Reconciling all these provisions would help prevent further confusion.”
In re M.G., 2022 IL App (4th) 210679 (Ill. App. Ct. 2022). “”); compare 705 ILCS 405/2-17 (West 2020) (requiring the court to appoint a GAL if the minor is an alleged abused or neglected child or the victim of a sexual offense), with 705 ILCS 405/5-610(1) (West 2020) (the court may appoint a GAL for a minor if it finds there is a…”
In re Timothy T., 343 Ill. App. 3d 1260 (Ill. App. Ct. 2003). “The guardian ad litem has had personal contact with the minor and with the foster parents or care caregivers of the minor or such contact has been excused [705 ILCS 405/2-17(8)]. e. □ The minor is not abused, neglected or dependent based on the following facts:…”
Show all 17 citing cases →
— 705 ILCS 405/2-17(1) — 5 cases
People v. Austin M., 2012 IL 111194 (Ill. 2012). “” 705 ILCS 405/2-17(1) (West 2006). Thus, in an abuse and neglect proceeding, a GAL is, in essence, an arm of the court.”
In Re Gustavo H., 841 N.E.2d 50 (Ill. App. Ct. 2005). “705 ILCS 405/2-17(1) (West 2004). The guardian ad litem is charged with representing the best interests of the minor and with presenting recommendations to the court consistent with that duty.”
People v. Delores W., 862 N.E.2d 589 (Ill. App. Ct. 2006). “Compare 705 ILCS 405/2-17(1) (West 1998). Additionally, we noted that Delores W.”
In Re Ds, 763 N.E.2d 251 (Ill. 2002). “" 705 ILCS 405/2-17(1) (West 1998). Therefore, minors, such as D.”
In re: Mark w., a Minor (Ill. App. Ct. 2006).
— 705 ILCS 405/2-17(1)(a) — 3 cases
People v. Austin M., 2012 IL 111194 (Ill. 2012). “” 705 ILCS 405/2-17(1) (West 2006). Thus, in an abuse and neglect proceeding, a GAL is, in essence, an arm of the court.”
People v. Delores W., 862 N.E.2d 589 (Ill. App. Ct. 2006). “Compare 705 ILCS 405/2-17(1) (West 1998). Additionally, we noted that Delores W.”
In Re Jd, 815 N.E.2d 13 (Ill. App. Ct. 2004). “705 ILCS 405/2-17(1)(a) (West 2000). The guardian ad litem must also be represented by counsel unless the guardian ad litem is an attorney himself.”
— 705 ILCS 405/2-17(4) — 1 case
In Re Jd, 815 N.E.2d 13 (Ill. App. Ct. 2004). “705 ILCS 405/2-17(1)(a) (West 2000). The guardian ad litem must also be represented by counsel unless the guardian ad litem is an attorney himself.”
— 705 ILCS 405/2-17(8) — 2 cases
In re Timothy T., 343 Ill. App. 3d 1260 (Ill. App. Ct. 2003). “The guardian ad litem has had personal contact with the minor and with the foster parents or care caregivers of the minor or such contact has been excused [705 ILCS 405/2-17(8)]. e. □ The minor is not abused, neglected or dependent based on the following facts:…”
In re J.M.J., 2020 IL App (5th) 200014-U (Ill. App. Ct. 2020).
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