SB1207 98TH GENERAL ASSEMBLY

LRB098 02583 KTG 32588 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1207

Introduced 1/30/2013, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

325 ILCS 5/7.16

from Ch. 23, par. 2057.16

Amends the Abused and Neglected Child Reporting Act. Provides that 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 of Children and Family Services, the perpetrator named in the notification (rather than a subject of a report) may request the Department to amend the record or 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 record shall be tolled by the pendency of any criminal court or juvenile court action concerning the circumstances that gave rise to an indicated report. Provides that the perpetrator shall have the right to a timely hearing (rather than if the Department disregards any request to do so or does not act within 10 days, the subject shall have a right to a hearing) to determine whether the record of the report should be amended or removed on the grounds that it is inaccurate or it is being 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 (rather than if there has been a court finding of child abuse or neglect, the report's accuracy being conclusively presumed on such finding). Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Abused and Neglected Child Reporting Act is amended by changing Section 7.16 as follows:

(325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)

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 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 record shall be tolled by the pendency of any criminal court or juvenile court action concerning the circumstances that gave rise to an indicated report. Such request shall be in writing and directed to such person as the Department designates in the notification letter notifying the perpetrator of the indicated finding. The perpetrator If the Department disregards any 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 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. 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 authorized and empowered to order the amendment or removal of 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 judicial review under the Administrative Review Law.

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, or should a court grant the request of the perpetrator 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.

(Source: P.A. 90-15, eff. 6-13-97; 90-608, eff. 6-30-98.)

Section 99. Effective date. This Act takes effect upon becoming law.