HB 3886 — JUV CT-MEDIA ACCESS TO MINOR

Summary

Amends the Juvenile Court Act of 1987. Provides that any party may file a motion requesting the court to review the decision of a temporary custodian or guardian appointed under the Act to deny a minor under the age of 18 access to the media. Provides that the Department of Children and Family Services bears the burden of demonstrating by clear and convincing evidence that its decision to deny the minor access to the media is in the minor's best interest. Provides that, in making its determination, the court shall weigh specified factors. Provides that the Department of Children and Family Services shall provide notice to a minor's guardian ad litem and attorney appointed under this Act any time that the Department, in its capacity as the minor's temporary custodian or guardian, denies a request by the media to speak with the minor. The Department shall provide the notice within one business day of its decision. The notice must at a minimum include the following: the name of the child, the name of the media, the date of the inquiry from the media, and the rationale for the Department's decision. House Floor Amendment No. 1 Deletes reference to: 705 ILCS 405/2-17 Adds reference to: 705 ILCS 405/2-10.3 new Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services and its assigns shall not interfere with the right of any youth in its custody or guardianship to communicate with the news media if the youth choses to do so. Provides that any time the news media requests to speak with a minor under 18 years of age, the Department of Children and Family Services shall provide notice to the minor, the minor's attorney, and guardian ad litem within one business day of the request. Provides that if the minor is under 18 years of age and the Department has determined that the minor does not have sufficient maturity to make the decision to communicate with the news media and that contact with the news media will, more likely than not, cause serious physical, emotional or mental harm the notice shall also include the basis, with specificity, for the Department's determination. Provides that if a minor 18 years of age or older chooses to speak to the news media, the Department shall not take any action to interfere with the minor's contact with the news media. Provides that if a minor under 18 years of age wishes to speak to the news media, but the Department seeks to prevent the minor's contact with the news media, the Department shall file a motion for court review of its determination within one day of its determination and in no event more than 48 hours from the news media's request. Provides that the court may not impose any limitations on the speech of a minor based on viewpoints the minor may express or information the minor may divulge, unless it is confidential information regarding third parties. Defines "interfere" and "less restrictive means". Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services and its assigns shall not interfere with the right of any youth in its custody or guardianship to communicate with the news media if the youth chooses to do so. Provides that any time the news media requests to speak with a specific, identified minor under 18 years of age, the Department of Children and Family Services shall immediately provide notice of the news media's request to the minor's attorney and guardian ad litem. Provides that the notice shall include at a minimum the minor's name, the news media name, and the date of the inquiry from the news media. Provides that within one business day of the news media's request, the Department shall determine whether the minor wants to speak with the news media, whether the minor has sufficient maturity to make his or her own decision to communicate with the news media and whether contact with the news media will more likely than not cause the minor serious physical, emotional or mental harm. Provides that the Department shall provide notice of its determination to the minor's attorney and guardian ad litem within one business day of its determination. Provides that the Department shall not take any action to interfere with the right of a minor over 18 to speak with the news media. Provides that the court shall not impose any limitations on the speech of a minor based on viewpoints the minor may express or information the minor may divulge, unless it is confidential information regarding third parties. Provides that any party may file a motion seeking to enforce certain rights relating to access to news media. Defines terms. Makes other changes. Effective immediately.

Bill Text

• Enrolled View text Current pdf
• Engrossed View text pdf
• Introduced View text pdf

• Senate Amendment 001 Show changes
• House Amendment 001 Show changes

Action History

1. August 27, 2021

   Public Act . . . . . . . . . 102-0615

2. August 27, 2021

   Effective Date August 27, 2021

3. August 27, 2021

   Governor Approved

4. June 29, 2021

   Sent to the Governor

5. May 31, 2021

   Passed Both Houses

6. May 31, 2021

   House Concurs

7. May 31, 2021

   Senate Committee Amendment No. 1 House Concurs 117-000-000

8. May 30, 2021

   Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Adoption & Child Welfare Committee; 005-000-000

9. May 29, 2021

   Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Adoption & Child Welfare Committee

10. May 28, 2021

    Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

11. May 28, 2021

    Senate Committee Amendment No. 1 Motion Filed Concur Rep. Lakesia Collins

12. May 27, 2021

    Placed on Calendar Order of Concurrence Senate Amendment(s) 1

13. May 27, 2021

    Arrived in House

14. May 27, 2021

    Third Reading - Passed; 055-000-000

15. May 26, 2021

    Placed on Calendar Order of 3rd Reading May 27, 2021

16. May 26, 2021

    Second Reading

17. May 25, 2021

    Placed on Calendar Order of 2nd Reading May 26, 2021

18. May 25, 2021

    Do Pass as Amended Judiciary; 006-000-000

19. May 25, 2021

    Senate Committee Amendment No. 1 Adopted

20. May 21, 2021

    Rule 2-10 Committee Deadline Established As May 29, 2021

21. May 17, 2021

    Senate Committee Amendment No. 1 Assignments Refers to Judiciary

22. May 14, 2021

    Senate Committee Amendment No. 1 Referred to Assignments

23. May 14, 2021

    Senate Committee Amendment No. 1 Filed with Secretary by Sen. Sara Feigenholtz

24. May 10, 2021

    Assigned to Judiciary

25. April 22, 2021

    Referred to Assignments

26. April 22, 2021

    First Reading

27. April 22, 2021

    Chief Senate Sponsor Sen. Sara Feigenholtz

28. April 21, 2021

    Placed on Calendar Order of First Reading April 22, 2021

29. April 21, 2021

    Arrive in Senate

30. April 21, 2021

    Added Co-Sponsor Rep. Camille Y. Lilly

31. April 21, 2021

    Third Reading - Short Debate - Passed 114-000-000

32. April 20, 2021

    Placed on Calendar Order of 3rd Reading - Short Debate

33. April 20, 2021

    House Floor Amendment No. 1 Adopted

34. April 20, 2021

    Second Reading - Short Debate

35. April 15, 2021

    House Floor Amendment No. 1 Recommends Be Adopted Adoption & Child Welfare Committee; 007-000-000

36. April 14, 2021

    House Floor Amendment No. 1 Rules Refers to Adoption & Child Welfare Committee

37. April 12, 2021

    House Floor Amendment No. 1 Referred to Rules Committee

38. April 12, 2021

    House Floor Amendment No. 1 Filed with Clerk by Rep. Lakesia Collins

39. April 08, 2021

    Placed on Calendar 2nd Reading - Short Debate

40. March 22, 2021

    Do Pass / Short Debate Adoption & Child Welfare Committee; 008-000-000

41. March 22, 2021

    Added Co-Sponsor Rep. Terra Costa Howard

42. March 22, 2021

    Added Co-Sponsor Rep. Kathleen Willis

43. March 22, 2021

    Added Chief Co-Sponsor Rep. Delia C. Ramirez

44. March 16, 2021

    Assigned to Adoption & Child Welfare Committee

45. February 22, 2021

    Referred to Rules Committee

46. February 22, 2021

    First Reading

47. February 19, 2021

    Filed with the Clerk by Rep. Lakesia Collins

Sponsors

• Lakesia Collins · Primary
• Delia C. Ramirez · Cosponsor
• Kathleen Willis · Cosponsor
• Camille Y. Lilly · Cosponsor
• Sara Feigenholtz · Primary
• Terra Costa Howard · Cosponsor

Votes

Subjects