Rep. Patricia R. Bellock
Filed: 3/22/2013
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2787
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2787 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Abused and Neglected Child Reporting Act is | ||||||
5 | amended by changing Sections 7.7, 7.14, 7.16, and 7.21 and by | ||||||
6 | adding Section 7.22 as follows:
| ||||||
7 | (325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
| ||||||
8 | Sec. 7.7.
There shall be a central register of all cases of | ||||||
9 | suspected
child abuse or neglect reported and maintained by the | ||||||
10 | Department under this
Act. Through the recording of initial, | ||||||
11 | preliminary, and final
reports, the central register shall be | ||||||
12 | operated in such a manner as to enable
the Department to: (1) | ||||||
13 | immediately identify and locate prior reports of
child abuse or | ||||||
14 | neglect; (2) continuously monitor the current status
of all | ||||||
15 | reports of child abuse or neglect being provided services under | ||||||
16 | this
Act; and (3) regularly evaluate the effectiveness of |
| |||||||
| |||||||
1 | existing laws and programs
through the development and analysis | ||||||
2 | of statistical and other information.
| ||||||
3 | The Department shall maintain in the central register a | ||||||
4 | listing of unfounded
reports where the subject of the unfounded | ||||||
5 | report requests that the record
not be expunged because the | ||||||
6 | subject alleges an intentional false report
was made. Such a | ||||||
7 | request must be made by the subject in writing to the
| ||||||
8 | Department, within 10 days of the investigation. By January 1, | ||||||
9 | 2014, the Department shall promulgate rules establishing | ||||||
10 | criteria and standards for labeling an unfounded report as an | ||||||
11 | intentional false report in the central register. The rules | ||||||
12 | shall permit the reporter to submit a statement regarding the | ||||||
13 | report unless the reporter has been convicted of knowingly | ||||||
14 | transmitting a false report to the Department under paragraph | ||||||
15 | (7) of subsection (a) of Section 26-1 of the Criminal Code of | ||||||
16 | 2012.
| ||||||
17 | The Department shall also maintain in the central register | ||||||
18 | a listing of
unfounded reports where the report was classified | ||||||
19 | as a priority one or priority
two report in accordance with the | ||||||
20 | Department's rules or the report was made by
a person mandated | ||||||
21 | to report suspected abuse or neglect under this Act.
| ||||||
22 | The Department shall maintain in the central register for 3 | ||||||
23 | years a listing
of unfounded reports involving the death of a | ||||||
24 | child, the sexual abuse of a
child, or serious physical injury | ||||||
25 | to a child as defined by the Department in
rules.
| ||||||
26 | If an individual is the subject of a subsequent |
| |||||||
| |||||||
1 | investigation that is pending, the Department shall maintain | ||||||
2 | all prior unfounded reports pertaining to that individual until | ||||||
3 | the pending investigation has been completed or for 12 months, | ||||||
4 | whichever time period ends later. | ||||||
5 | The Department shall maintain all other unfounded reports | ||||||
6 | for 12 months following the date of the final finding. | ||||||
7 | For purposes of this Section "child abuse or neglect" | ||||||
8 | includes abuse or neglect of an adult resident as defined in | ||||||
9 | this Act. | ||||||
10 | (Source: P.A. 96-1164, eff. 7-21-10; 96-1446, eff. 8-20-10; | ||||||
11 | 97-333, eff. 8-12-11; 97-1089, eff. 8-24-12.)
| ||||||
12 | (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
| ||||||
13 | Sec. 7.14. All reports in the central register shall be | ||||||
14 | classified in one
of three categories: "indicated", | ||||||
15 | "unfounded" or "undetermined", as the
case may be. After the | ||||||
16 | report is classified, the person making the
classification | ||||||
17 | shall determine whether the child named in the
report is the | ||||||
18 | subject of an action under Article II of the Juvenile Court
Act | ||||||
19 | of 1987. If the child is the subject of an action under Article | ||||||
20 | II of the
Juvenile Court Act, the Department shall , within 45 | ||||||
21 | days of classification of the report, transmit a copy of the | ||||||
22 | report to
the guardian ad litem appointed for the child under | ||||||
23 | Section 2-17 of the
Juvenile Court Act. All information | ||||||
24 | identifying the subjects of an unfounded
report shall be | ||||||
25 | expunged from the register
forthwith, except as provided in |
| |||||||
| |||||||
1 | Section 7.7.
Unfounded reports may only be made available to | ||||||
2 | the Child
Protective Service Unit when investigating a | ||||||
3 | subsequent report of suspected
abuse or maltreatment involving | ||||||
4 | a child named in the unfounded report; and to
the subject of | ||||||
5 | the report, provided the Department has not expunged the file | ||||||
6 | in accordance with Section 7.7. The Child Protective
Service | ||||||
7 | Unit shall not indicate the subsequent report solely based upon | ||||||
8 | the
existence of the prior unfounded report or reports. | ||||||
9 | Notwithstanding any other
provision of law to the contrary, an | ||||||
10 | unfounded report shall not be admissible
in any judicial or | ||||||
11 | administrative proceeding or action.
Identifying information | ||||||
12 | on all other records shall be
removed from the register no | ||||||
13 | later than 5 years after the report is indicated.
However, if | ||||||
14 | another report is received involving the same child, his | ||||||
15 | sibling
or offspring, or a child in the care of the persons | ||||||
16 | responsible for the
child's welfare, or involving the same | ||||||
17 | alleged offender, the
identifying
information may be | ||||||
18 | maintained in the register
until 5 years after the subsequent | ||||||
19 | case or report is closed.
| ||||||
20 | Notwithstanding any other provision of this Section, | ||||||
21 | identifying
information in indicated reports involving serious | ||||||
22 | physical injury to a child as defined by the
Department in | ||||||
23 | rules, may be retained longer than 5 years after the report
is | ||||||
24 | indicated or after the subsequent case or report is closed, and | ||||||
25 | may not
be removed from the register except as provided by the | ||||||
26 | Department in rules. Identifying information in indicated |
| |||||||
| |||||||
1 | reports involving sexual penetration of a child, sexual | ||||||
2 | molestation of a child, sexual exploitation of a child, torture | ||||||
3 | of a child, or the death of a child, as defined by the | ||||||
4 | Department in rules, shall be retained for a period of not less | ||||||
5 | than 50 years after the report is indicated or after the | ||||||
6 | subsequent case or report is closed.
| ||||||
7 | For purposes of this Section "child" includes an adult | ||||||
8 | resident as defined in this Act. | ||||||
9 | (Source: P.A. 96-1164, eff. 7-21-10; 96-1446, eff. 8-20-10; | ||||||
10 | 97-333, eff. 8-12-11.)
| ||||||
11 | (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
| ||||||
12 | Sec. 7.16.
For any investigation or appeal initiated on or | ||||||
13 | after, or
pending on July 1, 1998, the following time frames | ||||||
14 | shall apply.
Within 60 days after the notification of the | ||||||
15 | completion
of the Child Protective Service Unit investigation, | ||||||
16 | determined by the date
of the notification sent by the | ||||||
17 | Department, a subject of a report may
request the Department to | ||||||
18 | amend the record or
remove the record of the report from the | ||||||
19 | register. Such request shall be
in writing and directed to such | ||||||
20 | person as the Department designates in the
notification. If the | ||||||
21 | Department disregards any
request to do so or does
not act | ||||||
22 | within 10 days, the subject shall have the right to a
hearing | ||||||
23 | within
the Department to determine whether the record of the | ||||||
24 | report should be
amended or removed on the grounds that it is | ||||||
25 | inaccurate or it is
being
maintained in a manner inconsistent |
| |||||||
| |||||||
1 | with this Act, except that there
shall be no such right to a | ||||||
2 | hearing on the ground of the report's
inaccuracy if there has | ||||||
3 | been a court finding of child abuse or neglect, the
report's | ||||||
4 | accuracy being conclusively presumed on such finding. Such
| ||||||
5 | hearing shall be held within a reasonable time after the | ||||||
6 | subject's request
and at a reasonable place and hour. The | ||||||
7 | appropriate Child Protective
Service Unit shall be given notice | ||||||
8 | of the hearing. If the minor, who is the subject of an action | ||||||
9 | under Article II of the Juvenile Court Act of 1987, is also the | ||||||
10 | victim named in the report sought to be amended or removed from | ||||||
11 | the central register, the minor shall, through the minor's | ||||||
12 | attorney or guardian ad litem appointed under Section 2-17 of | ||||||
13 | the Juvenile Court Act of 1987, have the right to participate | ||||||
14 | and be heard in such hearing as defined under Department rules. | ||||||
15 | In such hearings, the
burden of proving the accuracy and | ||||||
16 | consistency of the record shall be on
the Department and the | ||||||
17 | appropriate Child Protective Service Unit. The
hearing shall be | ||||||
18 | conducted by the Director or his designee, who is hereby
| ||||||
19 | authorized and empowered to order the amendment or removal of
| ||||||
20 | the record to make it accurate and consistent with this Act. | ||||||
21 | The decision
shall be made, in writing, at the close of the | ||||||
22 | hearing, or within 45
days
thereof, and shall state the reasons | ||||||
23 | upon which it is based. Decisions of
the Department under this | ||||||
24 | Section are administrative decisions subject to
judicial | ||||||
25 | review under the Administrative Review Law.
| ||||||
26 | Should the Department grant the request of the subject of |
| |||||||
| |||||||
1 | the report
pursuant to this Section either on administrative | ||||||
2 | review or after
administrative hearing to amend an indicated | ||||||
3 | report to an unfounded report, the
report shall be released and | ||||||
4 | expunged in accordance
with the standards set forth in Section | ||||||
5 | 7.14 of this Act.
| ||||||
6 | (Source: P.A. 90-15, eff. 6-13-97; 90-608, eff. 6-30-98.)
| ||||||
7 | (325 ILCS 5/7.21)
| ||||||
8 | Sec. 7.21. Multidisciplinary Review Committee.
| ||||||
9 | (a) The Department may establish multidisciplinary review | ||||||
10 | committees in each
region of the State to assure that mandated | ||||||
11 | reporters have the ability to have
a review conducted on any | ||||||
12 | situation where a child abuse or neglect report made
by them | ||||||
13 | was "unfounded", and they have concerns about the adequacy of | ||||||
14 | the
investigation.
These committees shall draw upon the | ||||||
15 | expertise of the Child Death Review
Teams as necessary and | ||||||
16 | practicable. Each committee will be composed of the
following: | ||||||
17 | a
health care professional, a Department employee, a law | ||||||
18 | enforcement official, a
licensed social
worker, and a | ||||||
19 | representative of the State's attorney's office. In appointing
| ||||||
20 | members of a committee, primary consideration shall be given to | ||||||
21 | a prospective
member's prior experience in dealing with cases | ||||||
22 | of suspected child abuse or
neglect.
| ||||||
23 | (b) Whenever the Department determines that a reported | ||||||
24 | incident of child
abuse or neglect from a mandated reporter is | ||||||
25 | "unfounded", the mandated reporter
may request a review of the |
| |||||||
| |||||||
1 | investigation within 10 days of the notification of
the final | ||||||
2 | finding. Whenever the Department determines that a reported
| ||||||
3 | incident of child abuse or neglect from a mandated reporter or | ||||||
4 | any other
reporter is "unfounded", the minor's guardian ad | ||||||
5 | litem appointed under the
Juvenile Court Act of 1987 may | ||||||
6 | request a review of the investigation within 10
days of the | ||||||
7 | notification of the final finding if the subject of the report | ||||||
8 | is
also the minor for whom the guardian ad litem has been | ||||||
9 | appointed. The review
of the investigation requested by the | ||||||
10 | guardian ad litem may be conducted by
the Regional Child | ||||||
11 | Protection Manager.
| ||||||
12 | A review under this subsection will be conducted by the
| ||||||
13 | committee , except those requests for review that are made by | ||||||
14 | the guardian
ad litem, which shall be conducted by the Regional | ||||||
15 | Child Protection Manager.
The
Department shall make available | ||||||
16 | to the committee all information in the
Department's possession | ||||||
17 | concerning the case. The committee shall make
recommendations | ||||||
18 | to the Department as to the adequacy of the investigation and
| ||||||
19 | of the accuracy of the final finding determination. These | ||||||
20 | findings shall be
forwarded to the Regional Child Protection | ||||||
21 | Manager.
| ||||||
22 | (c) The Department shall provide complete records of these | ||||||
23 | investigations to
the committee. Records provided to the | ||||||
24 | committee and recommendation reports
generated by the | ||||||
25 | committee shall not be public record.
| ||||||
26 | (c-5) On or before October 1 of each year, the Department |
| |||||||
| |||||||
1 | shall prepare a
report setting forth (i) the number of | ||||||
2 | investigations
reviewed by each committee during the previous | ||||||
3 | fiscal year and (ii) the number
of those investigations that | ||||||
4 | the committee found to be
inadequate. The report shall also | ||||||
5 | include a summary of the committee's
comments and a summary of | ||||||
6 | the corrective action, if any, that
was taken in response to | ||||||
7 | the committee's recommendations. The report shall be
a public | ||||||
8 | record. The Department shall submit the
report to the General | ||||||
9 | Assembly and shall make the report available to the
public upon | ||||||
10 | request.
| ||||||
11 | (d) The Department shall adopt rules to implement this | ||||||
12 | Section.
| ||||||
13 | (Source: P.A. 90-239, eff. 7-28-97; 91-812, eff. 6-13-00.)
| ||||||
14 | (325 ILCS 5/7.22 new) | ||||||
15 | Sec. 7.22. Reviews of unfounded reports. | ||||||
16 | (a) Whenever the Department determines that a reported | ||||||
17 | incident of child abuse or neglect is "unfounded", the minor's | ||||||
18 | attorney or guardian ad litem appointed under the Juvenile | ||||||
19 | Court Act of 1987 may request a review of the investigation | ||||||
20 | within 10 days of the notification of the final finding and | ||||||
21 | receipt of the report, as provided in Section 7.14 of this Act, | ||||||
22 | if the subject of the report is also the minor for whom the | ||||||
23 | attorney or guardian ad litem has been appointed. | ||||||
24 | (b) Reviews requested under subsection (a) may be requested | ||||||
25 | by sending a request via U.S. Mail, postmarked within 10 days |
| |||||||
| |||||||
1 | after notice of the final finding, or by faxing a request | ||||||
2 | within 10 days after notice of the final finding. The date of | ||||||
3 | notification of the final finding is the date the attorney or | ||||||
4 | guardian ad litem received a copy of the report from the | ||||||
5 | Department. | ||||||
6 | (c) By January 1, 2014, the Department shall promulgate | ||||||
7 | rules addressing reviews requested under subsection (a). The | ||||||
8 | rules shall provide that a review requested under subsection | ||||||
9 | (a) must occur before the report is classified and a final | ||||||
10 | finding is entered in the central register and that the review | ||||||
11 | must be conducted by a Department employee outside the | ||||||
12 | supervisory chain of the assigned investigator.
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
|