HB4975 104TH GENERAL ASSEMBLY

LRB104 17889 KTG 31325 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4975

Introduced , by Rep. Jed Davis

SYNOPSIS AS INTRODUCED:

325 ILCS 5/7.4b new

Amends the Abused and Neglected Child Reporting Act. Provides that whenever the Department of Children and Family Services takes protective custody of a child following a report of suspected child abuse or neglect and a petition for temporary custody of the child is filed by the State's Attorney in accordance with the Juvenile Court Act of 1987, the Child Protective Service Unit assigned to investigate the initial report shall continue and complete its investigation even if, after the temporary custody hearing, the Department is granted temporary custody of the child. Provides that the Unit's investigation shall not be closed solely because the court issues an order of temporary custody over the child to the Department; and that the court's decision to grant temporary custody of the child to the Department may not, under any circumstances, be considered by the Child Protective Service Unit when making its determination on whether the investigated report indicates abuse or neglect. Provides that a Child Protective Service Unit shall not end its investigation of a report of suspected child abuse or neglect until the Unit completes the investigation as prescribed under specified administrative rules and procedures. Contains provisions on final investigative summary requirements and oversight and compliance actions. Effective January 1, 2027.

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. Complete investigation requirement.

(a) Findings. The General Assembly finds that:

(1) Protective custody decisions are emergency actions, not final investigative results.

(2) The Department of Children and Family Services frequently halts investigations after court involvement, leaving important facts unexamined.

(3) The rights of parents to raise their children are among the oldest and most fundamental liberty interests that our country protects.

(4) Inadequate, improper, or incomplete investigations by the Department of Children and Family Services present a serious infringement on that right.

(5) The Department of Children and Family Services' rules, procedures, standardized forms and standardized notices in effect as of January 1, 2026 are the constitutionally minimum investigation obligations for child protective service units to conduct a full and complete investigation into allegations of child abuse or neglect.

(b) Requirement of continued investigation. Whenever the Department takes protective custody of a child following a report of suspected child abuse or neglect and a petition for temporary custody of the child is filed by the State's Attorney in accordance with Section 2-13 of the Juvenile Court Act of 1987, the Child Protective Service Unit assigned to investigate the initial report shall continue and complete its investigation as required in subsection (c) even if, after the temporary custody hearing, the Department is granted temporary custody of the child. The Unit's investigation shall not be closed solely because the court issues an order of temporary custody over the child to the Department in accordance with Section 2-10 of the Juvenile Court Act of 1987. A court's decision to grant temporary custody of the child to the Department may not, under any circumstances, be considered by the Child Protective Service Unit when making its determination on whether the investigated report indicates abuse or neglect.

(c) Elements of a complete investigation. A Child Protective Service Unit shall not end its investigation of a report of suspected child abuse or neglect until the Unit completes the investigation as prescribed under 89 Ill. Adm. Code 300 and the Department's Procedures 300 Reports of Child Abuse and Neglect, including, but not limited to, the investigatory obligations stated in Procedures 300.50, or any other related Department rules or procedures.

(d) Final investigative summary. The Child Protective Service Unit shall complete a written investigative summary that complies with the Department's Procedures 300 Sections 300.50(i) (Assessment of Case Information and Evidence), 300.50(k) (Final Determinations), and 300.70(j) (Final Supervisory Conference), or any successor provisions, including, but not limited to, full and complete information, both inculpatory and exculpatory, about the facts gathered, credibility assessments, unresolved discrepancies, and the rationale supporting an indicated or unfounded determination. The written investigative summary mandated by this subsection shall be completed regardless of whether the alleged child victim or any other child remains in protective custody.

(e) Oversight and compliance. Failure on the part of a child protective investigator or any other Child Protective Service Unit member to complete an investigation in accordance with this Section shall be grounds for supervisory review, corrective action, and internal discipline as prescribed by the Department.

Section 99. Effective date. This Act takes effect January 1, 2027.