Right to counsel for youth in care who are subject to placement or treatment out of state

As to children in abuse and termination of parental rights cases generally, 705 Ill. Comp. Stat. 405/1-5(1) provides:

No hearing on any petition or motion filed under this Act may be commenced unless the minor who is the subject of the proceeding is represented by counsel. Notwithstanding the preceding sentence, if a guardian ad litem has been appointed for the minor under Section 2-17 of this Act and the guardian ad litem is a licensed attorney at law of this State, or in the event that a court appointed special advocate has been appointed as guardian ad litem and counsel has been appointed to represent the court appointed special advocate, the court may not require the appointment of counsel to represent the minor unless the court finds that the minor’s interests are in conflict with what the guardian ad litem determines to be in the best interest of the minor.

In other words, children are entitled to representation, but that representation can be fulfilled by either an attorney GAL, who acts in a best interest (as opposed to client-directed) role, or a CASA volunteer.

However, in 2026, the state legislature enacted HB 4966, which created a right to appointed counsel for a subset of children in abuse cases — youth in care subject to placement / treatment out of state. 705 ILCS 505/7.30(e)(3), 705 ILCS 405/2-27.2(a-5).  Because only certain children are entitled to client-directed counsel, and because all other children are entitled only to either an attorney GAL or representation by a CASA volunteer, we have classified the right to counsel as qualified.