Full Text of SB1207 98th General Assembly
SB1207sam001 98TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 3/11/2013
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| 1 | | AMENDMENT TO SENATE BILL 1207
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1207 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 Section 7.16 as follows:
| 6 | | (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
| 7 | | Sec. 7.16.
For any investigation or appeal initiated on or | 8 | | after, or
pending on July 1, 1998, the following time frames | 9 | | shall apply.
Within 60 days after the notification of the | 10 | | completion
of the Child Protective Service Unit investigation, | 11 | | determined by the date
of the notification sent by the | 12 | | Department, the perpetrator named in the notification a subject | 13 | | of a report may
request the Department to amend the record or
| 14 | | remove the record of the report from the register , except that | 15 | | the 60-day deadline for filing a request to amend the record or | 16 | | remove the record of the report from the record shall be tolled |
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| 1 | | by the pendency of any criminal court or juvenile court action | 2 | | concerning the circumstances that gave rise to an indicated | 3 | | report . Such request shall be
in writing and directed to such | 4 | | person as the Department designates in the
notification letter | 5 | | notifying the perpetrator of the indicated finding . The | 6 | | perpetrator If the Department disregards any
request to do so | 7 | | or does
not act within 10 days, the subject shall have the | 8 | | right to a timely
hearing within
the Department to determine | 9 | | whether the record of the report should be
amended or removed | 10 | | on the grounds that it is inaccurate or it is
being
maintained | 11 | | in a manner inconsistent with this Act, except that there
shall | 12 | | be no such right to a hearing on the ground of the report's
| 13 | | inaccuracy if there has been a court finding of child abuse or | 14 | | neglect or a criminal finding of guilt as to the perpetrator. , | 15 | | the
report's accuracy being conclusively presumed on such | 16 | | finding. Such
hearing shall be held within a reasonable time | 17 | | after the perpetrator's subject's request
and at a reasonable | 18 | | place and hour. The appropriate Child Protective
Service Unit | 19 | | shall be given notice of the hearing. If the minor, who is the | 20 | | subject of a pending case under Article II of the Juvenile | 21 | | Court Act of 1987, is also the subject of a pending hearing to | 22 | | amend or remove the record of the report from the State central | 23 | | register, the minor shall, through the minor's attorney and | 24 | | guardian ad litem appointed under Section 2-17 of the Juvenile | 25 | | Court Act of 1987, have the right to participate and be heard | 26 | | in such hearing as defined under Department rules. In such |
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| 1 | | hearings, the
burden of proving the accuracy and consistency of | 2 | | the record shall be on
the Department and the appropriate Child | 3 | | Protective Service Unit. The
hearing shall be conducted by the | 4 | | Director or his designee, who is hereby
authorized and | 5 | | empowered to order the amendment or removal of
the record to | 6 | | make it accurate and consistent with this Act. The decision
| 7 | | shall be made, in writing, at the close of the hearing, or | 8 | | within 60 45
days
thereof, and shall state the reasons upon | 9 | | which it is based. Decisions of
the Department under this | 10 | | Section are administrative decisions subject to
judicial | 11 | | review under the Administrative Review Law.
| 12 | | Should the Department grant the request of the perpetrator, | 13 | | subject of the report
pursuant to this Section either on | 14 | | administrative review or after
an administrative hearing to | 15 | | amend an indicated report to an unfounded report , or should a | 16 | | court grant the request of the perpetrator to amend an | 17 | | indicated report to an unfounded report , the
report shall be | 18 | | released and expunged in accordance
with the standards set | 19 | | forth in Section 7.14 of this Act.
| 20 | | (Source: P.A. 90-15, eff. 6-13-97; 90-608, eff. 6-30-98.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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