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| Public Act 098-0487 | ||||
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Abused and Neglected Child Reporting Act is | ||||
amended by changing Section 7.16 as follows:
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(325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
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Sec. 7.16.
For any investigation or appeal initiated on or | ||||
after, or
pending on July 1, 1998, the following time frames | ||||
shall apply.
Within 60 days after the notification of the | ||||
completion
of the Child Protective Service Unit investigation, | ||||
determined by the date
of the notification sent by the | ||||
Department, the perpetrator named in the notification a subject | ||||
of a report may
request the Department to amend the record or
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remove the record of the report from the register, except that | ||||
the 60-day deadline for filing a request to amend the record or | ||||
remove the record of the report from the State Central Register | ||||
shall be tolled until after the conclusion of any criminal | ||||
court action in the circuit court or after adjudication in any | ||||
juvenile court action concerning the circumstances that give | ||||
rise to an indicated report. Such request shall be
in writing | ||||
and directed to such person as the Department designates in the
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notification letter notifying the perpetrator of the indicated | ||||
finding. The perpetrator If the Department disregards any
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request to do so or does
not act within 10 days, the subject | ||
shall have the right to a timely
hearing within
the Department | ||
to determine whether the record of the report should be
amended | ||
or removed on the grounds that it is inaccurate or it is
being
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maintained in a manner inconsistent with this Act, except that | ||
there
shall be no such right to a hearing on the ground of the | ||
report's
inaccuracy if there has been a court finding of child | ||
abuse or neglect or a criminal finding of guilt as to the | ||
perpetrator. , the
report's accuracy being conclusively | ||
presumed on such finding. Such
hearing shall be held within a | ||
reasonable time after the perpetrator's subject's request
and | ||
at a reasonable place and hour. The appropriate Child | ||
Protective
Service Unit shall be given notice of the hearing. | ||
If the minor, who is the victim named in the report sought to | ||
be amended or removed from the State Central Register, is the | ||
subject of a pending action under Article II of the Juvenile | ||
Court Act of 1987, and the report was made while a guardian ad | ||
litem was appointed for the minor under Section 2-17 of the | ||
Juvenile Court Act, then the minor shall, through the minor's | ||
attorney or guardian ad litem appointed under Section 2-17 of | ||
the Juvenile Court Act of 1987, have the right to participate | ||
and be heard in such hearing as defined under the Department's | ||
rules. In such hearings, the
burden of proving the accuracy and | ||
consistency of the record shall be on
the Department and the | ||
appropriate Child Protective Service Unit. The
hearing shall be | ||
conducted by the Director or his designee, who is hereby
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authorized and empowered to order the amendment or removal of
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the record to make it accurate and consistent with this Act. | ||
The decision
shall be made, in writing, at the close of the | ||
hearing, or within 60 45
days
thereof, and shall state the | ||
reasons upon which it is based. Decisions of
the Department | ||
under this Section are administrative decisions subject to
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judicial review under the Administrative Review Law.
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Should the Department grant the request of the perpetrator | ||
subject of the report
pursuant to this Section either on | ||
administrative review or after
an administrative hearing to | ||
amend an indicated report to an unfounded report, the
report | ||
shall be released and expunged in accordance
with the standards | ||
set forth in Section 7.14 of this Act.
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(Source: P.A. 90-15, eff. 6-13-97; 90-608, eff. 6-30-98.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2014.
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