Rule 21.08 - GUARDIANS AD LITEM(a) Appointment. In all cases for adoption, with the exception of adult adoptions, a Guardian ad Litem (GAL) shall be appointed to represent the best interests of the minor child(ren) to be adopted. The appointment shall be made at the time of initial presentment or the entry of any Interim Order providing for the care, custody or control of the person sought to be adopted. It shall be the duty of counsel for the Petitioner(s) to furnish the appointed GAL with a copy of the Petition for Adoption, Interim Order, consents and surrenders, and any other material normally provided to the GALs in similar cases.
In adoptions where the GAL is appointed as investigator, counsel for the Petitioner(s) shall deliver a completed affidavit from each Petitioner concerning their background, including medical history, religious background, general demographic information, together with any exhibits required.
(b) Duties. In all cases, the Guardian shall file an appearance as Guardian ad Litem for the adoptee within 14 days of appointment. From the date of appointment, the GAL shall receive notice of all requests for relief made to the Court by any party as required by either the Rules of the Illinois Supreme Court or the Circuit Court of for the Eighteenth Judicial Circuit. The GAL may file any response deemed necessary to advance the best interest of the adoptee.
If the GAL chooses, an answer may be filed on behalf of the adoptee. This pleading must comply with 735 ILCS 5/2-610. No default will be entered against a child for the failure to file an answer absent an order compelling the filing of such pleading.
The GAL shall, in addition to the above, do the following:
(1) Review the Court file in each case to make certain that pleadings are proper, service is effected on all necessary parties, and that all parental rights have been finally and properly terminated.(2) Verify that the search of the Illinois Putative Father Registry has been completed.(3) In all cases where the Petitioner(s) are related to the child-adoptee as defined by 750 ILCS 50/1 B, and where investigative report has been prepared by a licensed agency or the Department of Supportive Services, the GAL shall have the discretion to meet with the child-adoptee in an appropriate setting to determine the child's position concerning the proposed adoption. In such cases where one of the Petitioners is the stepparent of the child, the GAL shall obtain and review all documents necessary to determine whether the child is available for adoption and the Petitioners' legal relationship to each other and the child(ren).(4) The GAL is appointed to represent the child's best interest and not the expressed preference of the child. In those cases where an irreconcilable conflict arises in those positions, the GAL shall request the Court to appoint separate representation for the child.(5) Remain apprised of all situations that affect the child-adoptee's status quo as it existed at the time of the entry of the Interim Order.(6) Attend and participate in all contested and/or settlement hearings or conferences in the case.(7) Conduct all necessary discovery in connection therewith.(8) In cases where an agency has conducted a home study of the petitioners' home, the GAL is not required, but is permitted, to conduct a home visit. If no home study has been completed, the GAL should conduct a home visit.(9) In cases where the parental rights of the adoptee's biological parents have been terminated in a Juvenile Court proceeding which remains pending, contact the child's GAL in those proceedings to determine if anything has arisen in the child's life that remains to be brought to the attention of the Juvenile Court Judge which that person believes would be relevant to the decision to be made by this Court. In such instances, the GAL may desire to contact the Assistant State' s Attorney and the Case Worker to determine if such information is material to a determination of whether the adoption is in the child's best interest. The accounts received should be analyzed by the GAL to determine whether such information should be brought to the attention of the Court. If so, the GAL should file the appropriate motion for leave to obtain any and all supporting material which the GAL deems relevant to the child's best interest. In exercising discretion in this area, the GAL should consider that this Court is not sitting in review of decisions made by the Judges of the Juvenile Division of this Court.(10) Review the investigative reports prepared in connection with the adoption and investigate any issues that arise in the report which adversely impact what the GAL believes is in the adoptee's best interest. Absent the known existence of contrary facts or an inherent inconsistency in the investigative report, the GAL is presumed to be acting in a reasonable manner by relying on the facts set out in the investigative report without undertaking any independent investigation.(11) If no investigative report by a licensed agency has been required by the court or the separate social history investigation has been waived and it comes to the attention of the GAL that a petitioner who is not the biological parent of the adoptee has committed any offense involving sexual abuse of any person, physical abuse or abandonment of a child, or been convicted of any felony offense as defined by the laws of the jurisdiction in which it occurred, the GAL shall petition the Court to order an investigative report prior to the entry of a judgment of adoption. Nothing herein shall preclude the GAL from requesting the Court to order a new or additional investigative report in any case where the GAL believes that such information will be relevant and necessary to the Court's resolution of the matter.(12) In all cases, in lieu of an answer, file with the Court a recommendation as to what is in the best interest of the child based upon a review of all available data.(13) If the GAL wishes to support or oppose any relief sought by the movant, a proper pleading must be filed which advances the GAL's position. Copies of such pleadings must be served on all parties as required by the applicable Rules.(c) Fees for Guardians ad litem. Prior to the entry of Judgment for Adoption, the GAL shall prepare and submit to the Court a Petition for Award of Fees and Costs, with supporting billing records or invoices. The Court will address the reasonableness of the fees at the entry of Judgment for Adoption or set a hearing on said fees, if contested.(d) There shall be no appearance fee charged by the Clerk of the Circuit Court for the GAL's appearance in an adoption proceeding.Ill. R. Cir. Ct. Dupage Cnty. 21.08