Bill Status of SB 1207   98th General Assembly

Short Description:  DCFS-ABUSE INVESTIGATIONS-RPTS

Senate Sponsors
Sen. William R. Haine

House Sponsors
(Rep. Sandra M. Pihos)


Last Action  View All Actions

DateChamber Action
  8/16/2013SenatePublic Act . . . . . . . . . 98-0487

Statutes Amended In Order of Appearance
325 ILCS 5/7.16from Ch. 23, par. 2057.16

Synopsis As Introduced
Amends the Abused and Neglected Child Reporting Act. Provides that within 60 days after the notification of the completion of the Child Protective Service Unit investigation, determined by the date of the notification sent by the Department of Children and Family Services, the perpetrator named in the notification (rather than a subject of a report) may request the Department to amend the record or remove the record of the report from the register, except that the 60 day deadline for filing a request to amend the record or remove the record of the report from the record shall be tolled by the pendency of any criminal court or juvenile court action concerning the circumstances that gave rise to an indicated report. Provides that the perpetrator shall have the right to a timely hearing (rather than if the Department disregards any request to do so or does not act within 10 days, the subject shall have a right to a hearing) to determine whether the record of the report should be amended or removed on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this Act, except that there shall be no such right to a hearing on the ground of the report's inaccuracy if there has been a court finding of child abuse or neglect or a criminal finding of guilt as to the perpetrator (rather than if there has been a court finding of child abuse or neglect, the report's accuracy being conclusively presumed on such finding). Makes other changes. Effective immediately.

Senate Floor Amendment No. 6
Replaces everything after the enacting clause. Amends the Abused and Neglected Child Reporting Act. Provides that within 60 days after the notification of the completion of the Child Protective Service Unit investigation, determined by the date of the notification sent by the Department of Children and Family Services, the perpetrator named in the notification (rather than a subject of a report) may request the Department to amend the record or remove the record of the report from the register, except that the 60-day deadline for filing a request to amend the record or remove the record of the report from the State Central Register shall be tolled until after the conclusion of any criminal court action in circuit court or after adjudication in any juvenile court action concerning the circumstances that give rise to an indicated report. Provides that the perpetrator shall have the right to a timely hearing (rather than if the Department disregards any request to do so or does not act within 10 days, the subject shall have a right to a hearing) to determine whether the record of the report should be amended or removed on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this Act, except that there shall be no such right to a hearing on the ground of the report's inaccuracy if there has been a court finding of child abuse or neglect or a criminal finding of guilt as to the perpetrator (rather than if there has been a court finding of child abuse or neglect, the report's accuracy being conclusively presumed on such finding). Provides that if the minor, who is the victim named in the report sought to be amended or removed from the State Central Register, is the subject of a pending action under Article II of the Juvenile Court Act of 1987, and the report was made while a guardian ad litem was appointed for the minor, then the minor shall, through the minor's attorney or appointed guardian ad litem, have the right to participate and be heard in such hearing as defined under the Department's rules. Makes other changes. Effective January 1, 2014.

Actions 
DateChamber Action
  1/30/2013SenateFiled with Secretary by Sen. William R. Haine
  1/30/2013SenateFirst Reading
  1/30/2013SenateReferred to Assignments
  2/7/2013SenateAssigned to Judiciary
  3/5/2013SenatePostponed - Judiciary
  3/11/2013SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  3/11/2013SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/12/2013SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. William R. Haine
  3/12/2013SenateSenate Committee Amendment No. 2 Referred to Assignments
  3/12/2013SenateDo Pass Judiciary; 010-000-000
  3/12/2013SenatePlaced on Calendar Order of 2nd Reading March 13, 2013
  3/13/2013SenateSecond Reading
  3/13/2013SenatePlaced on Calendar Order of 3rd Reading March 14, 2013
  3/14/2013SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. William R. Haine
  3/14/2013SenateSenate Floor Amendment No. 3 Referred to Assignments
  3/19/2013SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. William R. Haine
  3/19/2013SenateSenate Floor Amendment No. 4 Referred to Assignments
  3/19/2013SenateSenate Floor Amendment No. 3 Assignments Refers to Judiciary
  3/19/2013SenateSenate Floor Amendment No. 3 Postponed - Judiciary
  3/21/2013SenateSenate Floor Amendment No. 4 Assignments Refers to Judiciary
  4/10/2013SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. William R. Haine
  4/10/2013SenateSenate Floor Amendment No. 5 Referred to Assignments
  4/11/2013SenateSenate Floor Amendment No. 3 Postponed - Judiciary
  4/11/2013SenateSenate Floor Amendment No. 4 Postponed - Judiciary
  4/15/2013SenateSenate Floor Amendment No. 6 Filed with Secretary by Sen. William R. Haine
  4/15/2013SenateSenate Floor Amendment No. 6 Referred to Assignments
  4/16/2013SenateSenate Floor Amendment No. 6 Assignments Refers to Judiciary
  4/17/2013SenateSenate Floor Amendment No. 3 Postponed - Judiciary
  4/17/2013SenateSenate Floor Amendment No. 4 Postponed - Judiciary
  4/17/2013SenateSenate Floor Amendment No. 6 Recommend Do Adopt Judiciary; 011-000-000
  4/17/2013SenateSenate Floor Amendment No. 5 Pursuant to Senate Rule 3-8(b-1) - Referred to Judiciary
  4/18/2013SenateRecalled to Second Reading
  4/18/2013SenateSenate Floor Amendment No. 6 Adopted; Haine
  4/18/2013SenatePlaced on Calendar Order of 3rd Reading April 23, 2013
  4/23/2013SenateThird Reading - Passed; 053-000-000
  4/23/2013SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  4/23/2013SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  4/23/2013SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  4/23/2013SenateSenate Floor Amendment No. 4 Tabled Pursuant to Rule 5-4(a)
  4/23/2013SenateSenate Floor Amendment No. 5 Tabled Pursuant to Rule 5-4(a)
  4/24/2013HouseArrived in House
  5/3/2013HouseChief House Sponsor Rep. Sandra M. Pihos
  5/3/2013HouseFirst Reading
  5/3/2013HouseReferred to Rules Committee
  5/6/2013HouseAssigned to Judiciary
  5/10/2013HouseFinal Action Deadline Extended-9(b) May 24, 2013
  5/15/2013HouseDo Pass / Short Debate Judiciary; 015-001-000
  5/15/2013HousePlaced on Calendar 2nd Reading - Short Debate
  5/17/2013HouseSecond Reading - Short Debate
  5/17/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/22/2013HouseThird Reading - Short Debate - Passed 088-028-000
  5/22/2013SenatePassed Both Houses
  6/20/2013SenateSent to the Governor
  8/16/2013SenateGovernor Approved
  8/16/2013SenateEffective Date January 1, 2014
  8/16/2013SenatePublic Act . . . . . . . . . 98-0487

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