Section 336.60  What May Be Appealed

The following issues may be appealed through the appeal process:

a)         an indicated finding of child abuse or neglect;

b)         failure to remove an unfounded report of child abuse or neglect from the State Central Register involving the death of a child, the sexual abuse of a child, or serious physical injury to a child after the passage of three years from the date the final finding is entered into the State Central Register, unless the report is being retained as a false report at the subject's request;

c)         failure to remove an unfounded report made by a mandated report involving a report designated as a Priority One or Two in Appendix B of 89 Ill. Adm. Code 300 (Reports of Child Abuse and Neglect) after the passage of 12 months from the date the final finding is entered into the State Central Register, unless the report is being retained longer under subsection (b) of this Section or the report is being retained as a false report at the subject's request;

d)         failure to remove an unfounded report made by a mandated reporter involving a report designated as a Priority Three in Appendix B of 89 Ill. Adm. Code 300 after passage of 60 days from the date the final finding is entered into the State Central Register, unless the report is being retained longer under subsection (b) or (c) of this Section or the report is being retained as a false report at the subject's request;

e)         failure to remove any other unfounded report, not retained for a longer period of time under any of the preceding subsections, within 30 days from the date the final finding is entered into the State Central Register, unless the report is being retained as a false report at the subject's request;

f)          failure to expunge or remove information about an indicated report of child abuse or neglect that the appellant believes is maintained in a manner inconsistent with the Abused and Neglected Child Reporting Act; and

g)         whether the Department determined retention period assigned to the indicated report is in accordance with 89 Ill. Adm. Code 431 (Confidentiality of Personal Information of Persons Served by DCFS).

(Source:  Amended at 24 Ill. Reg. 7660, effective June 1, 2000)