HB4569 - 104th General Assembly
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| 1 | AN ACT concerning children. | |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||
| 4 | Section 5. The Abused and Neglected Child Reporting Act is | |||||||||||||||||||
| 5 | amended by changing Section 4.2 as follows: | |||||||||||||||||||
| 6 | (325 ILCS 5/4.2) | |||||||||||||||||||
| 7 | Sec. 4.2. Departmental report on death or serious | |||||||||||||||||||
| 8 | life-threatening injury of child. | |||||||||||||||||||
| 9 | (a) When the Department is notified through the State | |||||||||||||||||||
| 10 | Central Register of the death of a child and the report is | |||||||||||||||||||
| 11 | accepted for investigation of abuse or neglect, the Department | |||||||||||||||||||
| 12 | shall conduct a formal review of all available internal | |||||||||||||||||||
| 13 | records if any of the following conditions are present: | |||||||||||||||||||
| 14 | (1) The deceased child was a youth in care at the time | |||||||||||||||||||
| 15 | of death, regardless of the youth's age. | |||||||||||||||||||
| 16 | (2) The deceased child or the child's parent is or has | |||||||||||||||||||
| 17 | been the subject of a permanency or intact family case | |||||||||||||||||||
| 18 | with the Department. | |||||||||||||||||||
| 19 | (3) The Department has a history of one or more prior | |||||||||||||||||||
| 20 | investigations of abuse or neglect involving the deceased | |||||||||||||||||||
| 21 | child or the child's parents. | |||||||||||||||||||
| 22 | The formal review shall evaluate the quality, timeliness, | |||||||||||||||||||
| 23 | and appropriateness of previous actions taken and services | |||||||||||||||||||
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| 1 | provided by the Department to address identified safety and | ||||||
| 2 | risk issues. | ||||||
| 3 | In the case of the death or serious life-threatening | ||||||
| 4 | injury of a child whose care and custody or custody and | ||||||
| 5 | guardianship has been transferred to the Department, or in the | ||||||
| 6 | case of a child abuse or neglect report made to the central | ||||||
| 7 | register involving the death of a child, the Department shall | ||||||
| 8 | (i) investigate or provide for an investigation of the cause | ||||||
| 9 | of and circumstances surrounding the death or serious | ||||||
| 10 | life-threatening injury, (ii) review the investigation, and | ||||||
| 11 | (iii) prepare and issue a report on the death or serious | ||||||
| 12 | life-threatening injury. | ||||||
| 13 | (b) The report shall include: | ||||||
| 14 | (1) (i) the manner cause of death or serious | ||||||
| 15 | life-threatening injury, whether from natural, accident, | ||||||
| 16 | suicide, homicide, or undetermined or other causes; | ||||||
| 17 | (2) a brief summary of the report to the State Central | ||||||
| 18 | Register involving the death of the child; , (ii) any | ||||||
| 19 | extraordinary or pertinent information concerning the | ||||||
| 20 | circumstances of the child's death or serious | ||||||
| 21 | life-threatening injury | ||||||
| 22 | (3) , (iii) identification of any prior actions taken | ||||||
| 23 | or child protective or other social services provided by | ||||||
| 24 | the Department to the deceased child or parents and an | ||||||
| 25 | evaluation of the quality, timeliness, and appropriateness | ||||||
| 26 | of actions taken or services provided to address | ||||||
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| 1 | identified issues; or actions taken regarding the child or | ||||||
| 2 | the child's family at the time of the death or serious | ||||||
| 3 | life-threatening injury or within the preceding 5 years, | ||||||
| 4 | (4) identification of underlying conditions, such as | ||||||
| 5 | multigenerational child welfare involvement, paramour | ||||||
| 6 | involvement, domestic violence, mental health issues, | ||||||
| 7 | substance use, economic stability, and developmental | ||||||
| 8 | disabilities; (iv) any action or further investigation | ||||||
| 9 | undertaken by the Department since the death or serious | ||||||
| 10 | life-threatening injury of the child, | ||||||
| 11 | (5) (v) as appropriate, recommendations for State | ||||||
| 12 | administrative or policy changes; and , | ||||||
| 13 | (6) (vi) whether the alleged perpetrator of the abuse | ||||||
| 14 | or neglect has been charged with committing a crime | ||||||
| 15 | related to the report and allegation of abuse or neglect. | ||||||
| 16 | , and (vii) a copy of any documents, files, records, | ||||||
| 17 | books, and papers created or used in connection with the | ||||||
| 18 | Department's investigation of the death or serious | ||||||
| 19 | life-threatening injury of the child. In any case | ||||||
| 20 | involving the death or near death of a child, when a person | ||||||
| 21 | responsible for the child has been charged with committing | ||||||
| 22 | a crime that results in the child's death or near death, | ||||||
| 23 | there shall be a presumption that the best interest of the | ||||||
| 24 | public will be served by public disclosure of certain | ||||||
| 25 | information concerning the circumstances of the | ||||||
| 26 | investigations of the death or near death of the child and | ||||||
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| 1 | any other investigations concerning that child or other | ||||||
| 2 | children living in the same household. | ||||||
| 3 | If the Department receives from the public a request for | ||||||
| 4 | information relating to a case of child abuse or neglect | ||||||
| 5 | involving the death or serious life-threatening injury of a | ||||||
| 6 | child, the Director shall consult with the State's Attorney in | ||||||
| 7 | the county of venue and release the report related to the case, | ||||||
| 8 | except for the following, which may be redacted from the | ||||||
| 9 | information disclosed to the public: any mental health or | ||||||
| 10 | psychological information that is confidential as otherwise | ||||||
| 11 | provided in State law; privileged communications of an | ||||||
| 12 | attorney; the identity of the individual or individuals, if | ||||||
| 13 | known, who made the report; information that may cause mental | ||||||
| 14 | or physical harm to a sibling or another child living in the | ||||||
| 15 | household; information that may undermine an ongoing criminal | ||||||
| 16 | investigation; and any information prohibited from disclosure | ||||||
| 17 | by federal law or regulation. Any information provided by an | ||||||
| 18 | adult subject of a report that is released about the case in a | ||||||
| 19 | public forum shall be subject to disclosure upon a public | ||||||
| 20 | information request. Information about the case shall also be | ||||||
| 21 | subject to disclosure upon consent of an adult subject. | ||||||
| 22 | Information about the case shall also be subject to disclosure | ||||||
| 23 | if it has been publicly disclosed in a report by a law | ||||||
| 24 | enforcement agency or official, a State's Attorney, a judge, | ||||||
| 25 | or any other State or local investigative agency or official. | ||||||
| 26 | Except as it may apply directly to the cause of the death or | ||||||
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| 1 | serious life-threatening injury of the child, nothing in this | ||||||
| 2 | Section shall be deemed to authorize the release or disclosure | ||||||
| 3 | to the public of the substance or content of any | ||||||
| 4 | psychological, psychiatric, therapeutic, clinical, or medical | ||||||
| 5 | reports, evaluation, or like materials or information | ||||||
| 6 | pertaining to the child or the child's family. | ||||||
| 7 | (c) The Department shall complete the formal review within | ||||||
| 8 | 10 days of receiving a case that meets the eligibility | ||||||
| 9 | criteria set forth in paragraph (a). The Department shall | ||||||
| 10 | prepare and issue an annual cumulative report that summarizes | ||||||
| 11 | the findings of all such reviews. This report shall include | ||||||
| 12 | non-identifying information and aggregated data and shall be | ||||||
| 13 | submitted to the Governor and the General Assembly and | ||||||
| 14 | published on the Department's website. No later than 6 months | ||||||
| 15 | after the date of the death or serious life-threatening injury | ||||||
| 16 | of the child, the Department shall notify the President of the | ||||||
| 17 | Senate, the Minority Leader of the Senate, the Speaker of the | ||||||
| 18 | House of Representatives, the Minority Leader of the House of | ||||||
| 19 | Representatives, and the members of the Senate and the House | ||||||
| 20 | of Representatives in whose district the child's death or | ||||||
| 21 | serious life-threatening injury occurred upon the completion | ||||||
| 22 | of each report and shall submit an annual cumulative report to | ||||||
| 23 | the Governor and the General Assembly incorporating cumulative | ||||||
| 24 | data about the above reports and including appropriate | ||||||
| 25 | findings and recommendations. The reports required by this | ||||||
| 26 | subsection (c) shall be made available to the public after | ||||||
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| 1 | completion or submittal. | ||||||
| 2 | (d) To enable the Department to prepare the report | ||||||
| 3 | required under subsection (c), the Department may request and | ||||||
| 4 | shall timely receive from departments, boards, bureaus, or | ||||||
| 5 | other agencies of the State, or any of its political | ||||||
| 6 | subdivisions, or any duly authorized agency, or any other | ||||||
| 7 | agency which provided assistance, care, or services to the | ||||||
| 8 | deceased or injured child any information they are authorized | ||||||
| 9 | to provide. | ||||||
| 10 | (Source: P.A. 103-22, eff. 8-8-23.) | ||||||
