HB4220 103RD GENERAL ASSEMBLY

LRB103 35208 KTG 65188 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4220

Introduced 11/7/2023, by Rep. Dan Caulkins

SYNOPSIS AS INTRODUCED:

325 ILCS 5/7.4b new

Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to provide certain written summaries and verbal notifications to parents, guardians, or other persons having legal custody of a child who are under investigation for child abuse or neglect. Provides that, after initiating an abuse or neglect investigation, the Department shall provide the investigated person with a written summary of the following information: (1) the known allegations and factual claims the Department is investigating; (2) the Department's procedures for conducting an investigation of alleged child abuse or neglect; (3) the person's right to file a complaint with the Department or request a review of the Department's investigative findings; (4) the person's right to review all records of the Department's investigation within 24 hours of making the request unless such review would undermine an ongoing criminal investigation or jeopardize the child's safety; and other matters. Requires the Department to provide a verbal notification of the person's right to: (i) not speak with any agent of the Department without an attorney present; (ii) record any interaction or interview the person has with a child protective investigator or any other agent of the Department with the understanding that upon court order the person may be required to disclose the recording to the Department, a law enforcement agency, or another party; (iii) refuse to allow a child protective investigator to enter the home or interview the child without a court order; and other matters. Provides that the Department shall provide a verbal notification to the child of the child's right to have an adult the child is comfortable with present during any investigatory interview with the Department. Provides that the child protective investigator assigned to investigate the report of abuse or neglect shall document in the case record that the investigator provided the written summaries and verbal notifications. Provides that if a parent, guardian, or legal custodian under investigation for child abuse or neglect does not receive the written summaries and verbal notifications, any information obtained from such person is not admissible as evidence against the person in any civil proceeding.

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 adding Section 7.4b as follows:

(325 ILCS 5/7.4b new)

Sec. 7.4b. Notification of parents' and caregivers' rights.

(a) After initiating an abuse or neglect investigation of a parent, legal guardian, or other person having legal custody of a child, the Department shall, at the time of first contact, provide the person with a written summary of the following information:

(1) the known allegations and factual claims the Department is investigating;

(2) the Department's procedures for conducting an investigation of alleged child abuse or neglect, including:

(A) a description of the circumstances under which the Department may take temporary protective custody of the child and petition a court for temporary custody of the child;

(B) a statement that State law requires the Department to refer all reports of alleged child abuse or neglect to the appropriate local law enforcement agency for consideration of a separate criminal investigation or other action;

(C) an explanation that any statement or admission the person makes to a child protective investigator or to any other individual may be used against the person:

(i) in a criminal case;

(ii) as a basis to temporarily or permanently remove from the person's care, custody, or control the child who is the subject of the investigation or any other child in the household; or

(iii) as a basis to terminate the person's parental rights, guardianship, or custodianship of the child who is the subject of the investigation or of any other child in the household;

(3) the person's right to file a complaint with the Department or request a review of the Department's investigative findings;

(4) the person's right to review all records of the Department's investigation within 24 hours of making the request unless such review would undermine an ongoing criminal investigation or jeopardize the child's safety, such as protected confidential information;

(5) the person's right to seek legal counsel;

(6) citations to the statutory and regulatory provisions governing child abuse and neglect investigations conducted by the Department and instructions on how the person may obtain access to or copies of those statutory and regulatory provisions;

(7) the process the person may use to acquire access to the child who is the subject of the investigation, or to any other child from the household, if the child is removed from the home; and

(8) if a petition is filed in court, have a court-appointed attorney if the person is indigent.

(b) The Department shall also provide a verbal notification of the person's right to:

(1) not speak with any agent of the Department without an attorney present;

(2) receive assistance from an attorney;

(3) record any interaction or interview the person has with a child protective investigator or any other agent of the Department with the understanding that upon court order the person may be required to disclose the recording to the Department, a law enforcement agency, or another party;

(4) refuse to allow a child protective investigator to enter the home or interview the child without a court order;

(5) have an attorney present before allowing a child protective investigator to enter the home or interview the child;

(6) withhold consent to the release of any medical or mental health records;

(7) withhold consent to any medical or psychological examination of the child;

(8) refuse to submit to a drug test; and

(9) prior to implementing any safety plan, consult with an attorney prior to agreeing to any proposed safety plan.

(c) The Department shall provide a verbal notification to the child of the child's right to have an adult the child is comfortable with present during any investigatory interview with the Department.

(d) The child protective investigator assigned to investigate the report of abuse or neglect shall document in the case record that the investigator provided the written summaries and verbal notifications as required under this Section. The Department shall develop a form for the purpose of verifying that a parent, guardian, or legal custodian under investigation for child abuse or neglect received the written summaries and verbal notifications required under this Section. If a parent, guardian, or legal custodian under investigation for child abuse or neglect does not receive the written summaries and verbal notifications, any information obtained from such person by the child protective investigator at the time of first contact, and any subsequent information discovered on the basis of the information obtained at the time of first contact, is not admissible as evidence against the person in any civil proceeding.