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| [ Introduced ] | [ House Amendment 001 ] |
92_HB0001eng HB0001 Engrossed LRB9201545REdv 1 AN ACT in relation to child death review. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Open Meetings Act is amended by changing 5 Section 1.02 as follows: 6 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02) 7 Sec. 1.02. For the purposes of this Act: 8 "Meeting" means any gathering of a majority of a quorum 9 of the members of a public body held for the purpose of 10 discussing public business. 11 "Public body" includes all legislative, executive, 12 administrative or advisory bodies of the State, counties, 13 townships, cities, villages, incorporated towns, school 14 districts and all other municipal corporations, boards, 15 bureaus, committees or commissions of this State, and any 16 subsidiary bodies of any of the foregoing including but not 17 limited to committees and subcommittees which are supported 18 in whole or in part by tax revenue, or which expend tax 19 revenue, except the General Assembly and committees or 20 commissions thereof. "Public body" includes tourism boards 21 and convention or civic center boards located in counties 22 that are contiguous to the Mississippi River with populations 23 of more than 250,000 but less than 300,000. "Public body" 24 includes the Health Facilities Planning Board. "Public body" 25 does not include a child death review team or the Illinois 26 Child Death Review Teams Executive Council established under 27 the Child Death Review Team Act or an ethics commission, 28 ethics officer, or ultimate jurisdictional authority acting 29 under the State Gift Ban Act as provided by Section 80 of 30 that Act. 31 (Source: P.A. 90-517, eff. 8-22-97; 90-737, eff. 1-1-99; HB0001 Engrossed -2- LRB9201545REdv 1 91-782, eff. 6-9-00.) 2 Section 10. The Freedom of Information Act is amended by 3 changing Section 2 as follows: 4 (5 ILCS 140/2) (from Ch. 116, par. 202) 5 Sec. 2. Definitions. As used in this Act: 6 (a) "Public body" means any legislative, executive, 7 administrative, or advisory bodies of the State, state 8 universities and colleges, counties, townships, cities, 9 villages, incorporated towns, school districts and all other 10 municipal corporations, boards, bureaus, committees, or 11 commissions of this State, and any subsidiary bodies of any 12 of the foregoing including but not limited to committees and 13 subcommittees which are supported in whole or in part by tax 14 revenue, or which expend tax revenue. "Public body" does not 15 include a child death review team or the Illinois Child Death 16 Review Teams Executive Council established under the Child 17 Death Review Team Act. 18 (b) "Person" means any individual, corporation, 19 partnership, firm, organization or association, acting 20 individually or as a group. 21 (c) "Public records" means all records, reports, forms, 22 writings, letters, memoranda, books, papers, maps, 23 photographs, microfilms, cards, tapes, recordings, electronic 24 data processing records, recorded information and all other 25 documentary materials, regardless of physical form or 26 characteristics, having been prepared, or having been or 27 being used, received, possessed or under the control of any 28 public body. "Public records" includes, but is expressly not 29 limited to: (i) administrative manuals, procedural rules, 30 and instructions to staff, unless exempted by Section 7(p) of 31 this Act; (ii) final opinions and orders made in the 32 adjudication of cases, except an educational institution's HB0001 Engrossed -3- LRB9201545REdv 1 adjudication of student or employee grievance or disciplinary 2 cases; (iii) substantive rules; (iv) statements and 3 interpretations of policy which have been adopted by a public 4 body; (v) final planning policies, recommendations, and 5 decisions; (vi) factual reports, inspection reports, and 6 studies whether prepared by or for the public body; (vii) all 7 information in any account, voucher, or contract dealing with 8 the receipt or expenditure of public or other funds of public 9 bodies; (viii) the names, salaries, titles, and dates of 10 employment of all employees and officers of public bodies; 11 (ix) materials containing opinions concerning the rights of 12 the state, the public, a subdivision of state or a local 13 government, or of any private persons; (x) the name of every 14 official and the final records of voting in all proceedings 15 of public bodies; (xi) applications for any contract, permit, 16 grant, or agreement except as exempted from disclosure by 17 subsection (g) of Section 7 of this Act; (xii) each report, 18 document, study, or publication prepared by independent 19 consultants or other independent contractors for the public 20 body; (xiii) all other information required by law to be made 21 available for public inspection or copying; (xiv) information 22 relating to any grant or contract made by or between a public 23 body and another public body or private organization; (xv) 24 waiver documents filed with the State Superintendent of 25 Education or the president of the University of Illinois 26 under Section 30-12.5 of the School Code, concerning nominees 27 for General Assembly scholarships under Sections 30-9, 30-10, 28 and 30-11 of the School Code and (xvi) complaints, results of 29 complaints, and Department of Children and Family Services 30 staff findings of licensing violations at day care 31 facilities, provided that personal and identifying 32 information is not released. 33 (d) "Copying" means the reproduction of any public 34 record by means of any photographic, electronic, mechanical HB0001 Engrossed -4- LRB9201545REdv 1 or other process, device or means. 2 (e) "Head of the public body" means the president, 3 mayor, chairman, presiding officer, director, superintendent, 4 manager, supervisor or individual otherwise holding primary 5 executive and administrative authority for the public body, 6 or such person's duly authorized designee. 7 (f) "News media" means a newspaper or other periodical 8 issued at regular intervals, a news service, a radio station, 9 a television station, a community antenna television service, 10 or a person or corporation engaged in making news reels or 11 other motion picture news for public showing. 12 (Source: P.A. 89-681, eff. 12-13-96; 90-144, eff. 7-23-97; 13 90-670, eff. 7-31-98.) 14 Section 15. The Child Death Review Team Act is amended 15 by changing Sections 10, 15, 30, and 35 and by adding Section 16 40 as follows: 17 (20 ILCS 515/10) 18 Sec. 10. Definitions. As used in this Act, unless the 19 context requires otherwise: 20 "Child" means any person under the age of 18 years unless 21 legally emancipated by reason of marriage or entry into a 22 branch of the United States armed services. 23 "Department" means the Department of Children and Family 24 Services. 25 "Director" means the Director of Children and Family 26 Services. 27 "Executive Council" means the Illinois Child Death Review 28 Teams Executive Council. 29 (Source: P.A. 90-239, eff. 7-28-97.) 30 (20 ILCS 515/15) 31 Sec. 15. Child death review teams; establishment. HB0001 Engrossed -5- LRB9201545REdv 1 (a) The Director, in consultation with the Executive 2 Council, law enforcement, and other professionals who work in 3 the field of investigating, treating, or preventing child 4 abuse or neglect in that subregion, shall appoint members to 5 a child death review team in each of the Department's 6 administrative subregions of the State outside Cook County 7 and at least one child death review team in Cook County. The 8 members of a team shall be appointed for 2-year terms and 9 shall be eligible for reappointment upon the expiration of 10 the terms. 11 (b) Each child death review team shall consist of at 12 least one member from each of the following categories: 13 (1) Pediatrician or other physician knowledgeable 14 about child abuse and neglect. 15 (2) Representative of the Department. 16 (3) State's attorney or State's attorney's 17 representative. 18 (4) Representative of a local law enforcement 19 agency. 20 (5) Psychologist or psychiatrist. 21 (6) Representative of a local health department. 22 (7) Representative of a school district or other 23 education or child care interests. 24 (8) Coroner or forensic pathologist. 25 (9) Representative of a child welfare agency or 26 child advocacy organization. 27 (10) Representative of a local hospital, trauma 28 center, or provider of emergency medical services. 29 Each child death review team may make recommendations to 30 the Director concerning additional appointments. 31 Each child death review team member must have 32 demonstrated experience and an interest in investigating, 33 treating, or preventing child abuse or neglect. 34 (c) Each child death review team shall select a HB0001 Engrossed -6- LRB9201545REdv 1 chairperson from among its members. The chairperson shall 2 also serve on the Illinois Child Death Review Teams Executive 3 Council. 4 (Source: P.A. 88-614, eff. 9-7-94.) 5 (20 ILCS 515/30) 6 Sec. 30. Public access to information. 7 (a) Meetings of the child death review teams and the 8 Executive Council shall be closed to the public. Meetings of 9 the child death review teams and the Executive Council are 10 not subject to the Open Meetings Act (5 ILCS 120/1 et seq.), 11 as provided in that Act. 12 (b) Records and information provided to a child death 13 review team and the Executive Council, and records maintained 14 by a team or the Executive Council, are confidential and not 15 subject to the Freedom of Information Act (5 ILCS 140/1 et16seq.), as provided in that Act. 17 Nothing contained in this subsection (b) prevents the 18 sharing or disclosure of records, other than those produced 19 by a Child Death Review Team or the Executive Council, 20 relating or pertaining to the death of a minor under the care 21 of or receiving services from the Department of Children and 22 Family Services and under the jurisdiction of the juvenile 23 court with the juvenile court, the State's Attorney, and the 24 minor's attorney. 25 (c) Members of a child death review team and the 26 Executive Council are not subject to examination, in any 27 civil or criminal proceeding, concerning information 28 presented to members of the team or the Executive Council or 29 opinions formed by members of the team or the Executive 30 Council based on that information. A person may, however, be 31 examined concerning information provided to a child death 32 review team or the Executive Council that is otherwise 33 available to the public. HB0001 Engrossed -7- LRB9201545REdv 1 (d) Records and information produced by a child death 2 review team and the Executive Council are not subject to 3 discovery or subpoena and are not admissible as evidence in 4 any civil or criminal proceeding. Those records and 5 information are, however, subject to discovery or a subpoena, 6 and are admissible as evidence, to the extent they are 7 otherwise available to the public. 8 (Source: P.A. 90-15, eff. 6-13-97) 9 (20 ILCS 515/35) 10 Sec. 35. Indemnification. The State shall indemnify and 11 hold harmless members of a child death review team and the 12 Executive Council for all their acts, omissions, decisions, 13 or other conduct arising out of the scope of their service on 14 the team or Executive Council, except those involving willful 15 or wanton misconduct. The method of providing 16 indemnification shall be as provided in the State Employee 17 Indemnification Act (5 ILCS 350/1 et seq.). 18 (Source: P.A. 88-614, eff. 9-7-94.) 19 (20 ILCS 515/40 new) 20 Sec. 40. Illinois Child Death Review Teams Executive 21 Council. 22 (a) The Illinois Child Death Review Teams Executive 23 Council, consisting of the chairpersons of the 9 child death 24 review teams in Illinois, is the coordinating and oversight 25 body for child death review teams and activities in Illinois. 26 The vice-chairperson of a child death review team, as 27 designated by the chairperson, may serve as a back-up member 28 or an alternate member of the Executive Council, if the 29 chairperson of the child death review team is unavailable to 30 serve on the Executive Council. The Inspector General of the 31 Department, ex officio, is a non-voting member of the 32 Executive Council. The Director may appoint to the Executive HB0001 Engrossed -8- LRB9201545REdv 1 Council any ex-officio members deemed necessary. Persons 2 with expertise needed by the Executive Council may be invited 3 to meetings. The Executive Council must select from its 4 members a chairperson and a vice-chairperson, each to serve a 5 2-year, renewable term. 6 The Executive Council must meet at least 4 times during 7 each calendar year. 8 (b) The Department must provide or arrange for the staff 9 support necessary for the Executive Council to carry out its 10 duties. The Director, in cooperation and consultation with 11 the Executive Council, shall appoint, reappoint, and remove 12 team members. 13 (c) The Executive Council has, but is not limited to, 14 the following duties: 15 (1) To serve as the voice of child death review 16 teams in Illinois. 17 (2) To oversee the regional teams in order to 18 ensure that the teams' work is coordinated and in 19 compliance with the statutes and the operating protocol. 20 (3) To ensure that the data, results, findings, and 21 recommendations of the teams are adequately used to make 22 any necessary changes in the policies, procedures, and 23 statutes in order to protect children in a timely manner. 24 (4) To collaborate with the General Assembly, the 25 Department, and others in order to develop any 26 legislation needed to prevent child fatalities and to 27 protect children. 28 (5) To assist in the development of quarterly and 29 annual reports based on the work and the findings of the 30 teams. 31 (6) To ensure that the regional teams' review 32 processes are standardized in order to convey data, 33 findings, and recommendations in a usable format. 34 (7) To serve as a link with child death review HB0001 Engrossed -9- LRB9201545REdv 1 teams throughout the country and to participate in 2 national child death review team activities. 3 (8) To develop an annual statewide symposium to 4 update the knowledge and skills of child death review 5 team members and to promote the exchange of information 6 between teams. 7 (9) To provide the child death review teams with 8 the most current information and practices concerning 9 child death review and related topics. 10 (10) To perform any other functions necessary to 11 enhance the capability of the child death review teams to 12 reduce and prevent child injuries and fatalities. 13 (d) In any instance when a child death review team does 14 not operate in accordance with established protocol, the 15 Director, in consultation and cooperation with the Executive 16 Council, must take any necessary actions to bring the team 17 into compliance with the protocol. 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.