Full Text of SB0193 101st General Assembly
SB0193enr 101ST GENERAL ASSEMBLY |
| | SB0193 Enrolled | | LRB101 08510 SLF 53587 b |
|
| 1 | | AN ACT concerning courts.
| 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 Sections 7.14 and 8.2 and by adding Section | 6 | | 7.22a as follows:
| 7 | | (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
| 8 | | Sec. 7.14. All reports in the central register shall be | 9 | | classified in one
of three categories: "indicated", | 10 | | "unfounded" or "undetermined", as the
case may be. Prior to | 11 | | classifying the report, the Department shall determine whether | 12 | | the report is subject to Department review under Section 7.22a. | 13 | | If the report is subject to Department review, the report shall | 14 | | not be classified as unfounded until the review is completed. | 15 | | Prior to classifying the report, the person making the
| 16 | | classification shall determine whether the child named in the
| 17 | | report is the subject of an action under Article V of the | 18 | | Juvenile Court Act of 1987 who is in the custody or | 19 | | guardianship of the Department or who has an open intact family | 20 | | services case with the Department or is the subject of an | 21 | | action under Article II of the Juvenile Court
Act of 1987. If | 22 | | the child either is the subject of an action under Article V of | 23 | | the Juvenile Court Act of 1987 and is in the custody or |
| | | SB0193 Enrolled | - 2 - | LRB101 08510 SLF 53587 b |
|
| 1 | | guardianship of the Department or has an open intact family | 2 | | services case with the Department or is the subject of an | 3 | | action under Article II of the
Juvenile Court Act of 1987 and | 4 | | the Department intends to classify the report as indicated, the | 5 | | Department shall, within 45 days of classification of the | 6 | | report, transmit a copy of the report to
the attorney or | 7 | | guardian ad litem appointed for the child under Section 2-17 of | 8 | | the
Juvenile Court Act of 1987 or to a guardian ad litem | 9 | | appointed under Section 5-610 of the Juvenile Court Act of | 10 | | 1987. If the child either is the subject of an action under | 11 | | Article V of the Juvenile Court Act of 1987 and is in the | 12 | | custody or guardianship of the Department or has an open intact | 13 | | family services case with the Department or is the subject of | 14 | | an action under Article II of the Juvenile Court Act of 1987 | 15 | | and the Department intends to classify the report as unfounded, | 16 | | the Department shall, within 45 days of deciding its intent to | 17 | | classify the report as unfounded, transmit a copy of the report | 18 | | and written notice of the Department's intent to the attorney | 19 | | or guardian ad litem appointed for the child under Section 2-17 | 20 | | of the Juvenile Court Act of 1987, or to a guardian ad litem | 21 | | appointed under Section 5-610 of the Juvenile Court Act of | 22 | | 1987. The Department's obligation under this Section to provide | 23 | | reports to a guardian ad litem appointed under Section 5-610 of | 24 | | the Juvenile Court Act of 1987 for a minor with an open intact | 25 | | family services case applies only if the guardian ad litem | 26 | | notified the Department in writing of the representation. All |
| | | SB0193 Enrolled | - 3 - | LRB101 08510 SLF 53587 b |
|
| 1 | | information identifying the subjects of an unfounded
report | 2 | | shall be expunged from the register
forthwith, except as | 3 | | provided in Section 7.7.
Unfounded reports may only be made | 4 | | available to the Child
Protective Service Unit when | 5 | | investigating a subsequent report of suspected
abuse or | 6 | | maltreatment involving a child named in the unfounded report; | 7 | | and to
the subject of the report, provided the Department has | 8 | | not expunged the file in accordance with Section 7.7. The Child | 9 | | Protective
Service Unit shall not indicate the subsequent | 10 | | report solely based upon the
existence of the prior unfounded | 11 | | report or reports. Notwithstanding any other
provision of law | 12 | | to the contrary, an unfounded report shall not be admissible
in | 13 | | any judicial or administrative proceeding or action except for | 14 | | proceedings under Sections 2-10 and 2-21 of the Juvenile Court | 15 | | Act of 1987 involving a
petition filed under Section 2-13 of | 16 | | the Juvenile Court Act of 1987 alleging
abuse or neglect to the | 17 | | same child, a sibling of the child, or the same
perpetrator.
| 18 | | Identifying information on all other records shall be
removed | 19 | | from the register no later than 5 years after the report is | 20 | | indicated.
However, if another report is received involving the | 21 | | same child, his sibling
or offspring, or a child in the care of | 22 | | the persons responsible for the
child's welfare, or involving | 23 | | the same alleged offender, the
identifying
information may be | 24 | | maintained in the register
until 5 years after the subsequent | 25 | | case or report is closed.
| 26 | | Notwithstanding any other provision of this Section, |
| | | SB0193 Enrolled | - 4 - | LRB101 08510 SLF 53587 b |
|
| 1 | | identifying
information in indicated reports involving serious | 2 | | physical injury to a child as defined by the
Department in | 3 | | rules, may be retained longer than 5 years after the report
is | 4 | | indicated or after the subsequent case or report is closed, and | 5 | | may not
be removed from the register except as provided by the | 6 | | Department in rules. Identifying information in indicated | 7 | | reports involving sexual penetration of a child, sexual | 8 | | molestation of a child, sexual exploitation of a child, torture | 9 | | of a child, or the death of a child, as defined by the | 10 | | Department in rules, shall be retained for a period of not less | 11 | | than 50 years after the report is indicated or after the | 12 | | subsequent case or report is closed.
| 13 | | For purposes of this Section, "child" includes an adult | 14 | | resident as defined in this Act. | 15 | | (Source: P.A. 99-78, eff. 7-20-15; 99-349, eff. 1-1-16; | 16 | | 100-158, eff. 1-1-18; 100-863, eff. 8-14-18.)
| 17 | | (325 ILCS 5/7.22a new) | 18 | | Sec. 7.22a. Reports subject to review. | 19 | | (a) Unfounded reports. Prior to classifying a report under | 20 | | Section 7.14, if the Department
intends to classify the report | 21 | | as unfounded, the Department must first determine whether the | 22 | | report is subject to review
in accordance with this Section. If | 23 | | the report is subject to review, the review process must be | 24 | | completed prior to classifying the
report. The Deputy Director | 25 | | of Child Protection must oversee a review process that ensures |
| | | SB0193 Enrolled | - 5 - | LRB101 08510 SLF 53587 b |
|
| 1 | | the Department reviews a random sample of at least 5% of child | 2 | | abuse and neglect reports in which the Department intends to be | 3 | | unfounded and any subject child of the report is not of | 4 | | compulsory school age as provided under Section 26-1 of the | 5 | | School Code. | 6 | | The review must be conducted by an area administrator | 7 | | outside the supervisory chain of the investigator and | 8 | | supervisor. The review shall ensure that the investigation was | 9 | | conducted in accordance with the Department's rules and
| 10 | | procedures governing child abuse and neglect investigations | 11 | | and that the final intended finding is consistent with the goal | 12 | | of protecting the health, safety, and best interests of the | 13 | | child in all situations in which the child is vulnerable to | 14 | | child abuse or neglect. If the reviewer determines the | 15 | | investigation or final recommended unfounded finding is | 16 | | inconsistent with the Department's rules and
procedures, the | 17 | | reviewer shall document the findings in an Unfounded Review | 18 | | Report and forward the Unfounded Review Report to the | 19 | | investigator, supervisor, area administrator assigned to the | 20 | | case, and Deputy Director of Child Protection to ensure | 21 | | appropriate corrective steps are taken in the case before the | 22 | | final finding is entered. The Unfounded Review Report shall be | 23 | | included in the investigative file. | 24 | | (b) The Deputy Director of Child Protection must oversee a | 25 | | review process that ensures the Department reviews a random | 26 | | sample of at least 5% of indicated reports in which any subject |
| | | SB0193 Enrolled | - 6 - | LRB101 08510 SLF 53587 b |
|
| 1 | | child of the report is not of compulsory school age as provided | 2 | | under Section 26-1 of the School Code, the child is not a youth | 3 | | in care, and the Department is not opening a case for any type | 4 | | of services, including situations in which the family refuses | 5 | | services. The review must be conducted by an area administrator | 6 | | outside the supervisory chain of the assigned investigator | 7 | | within 15 days of the final finding being entered. The review | 8 | | shall ensure that the investigation was conducted in accordance | 9 | | with the Department's rules and
procedures governing child | 10 | | abuse and neglect investigations and that the decision to not | 11 | | provide services is consistent with the goal of protecting the | 12 | | health, safety, and best interests of the child in all | 13 | | situations in which the child is vulnerable to child abuse or | 14 | | neglect. If the reviewer determines the investigation or final | 15 | | finding is inconsistent with the Department's rules and
| 16 | | procedures, the reviewer shall document the findings in an | 17 | | Indicated Review Report and forward the Indicated Review Report | 18 | | to the investigator, supervisor, area administrator assigned | 19 | | to the case, and Deputy Director of Child Protection to ensure | 20 | | appropriate corrective steps are taken in the case. The | 21 | | Indicated Review Report shall be included in the investigative | 22 | | file. | 23 | | (c) The Department shall document its findings in | 24 | | accordance with subsections (a) and (b), including the number | 25 | | of Unfounded Review Reports and Indicated Review Reports, and | 26 | | the findings and recommendations detailed in the Indicated |
| | | SB0193 Enrolled | - 7 - | LRB101 08510 SLF 53587 b |
|
| 1 | | Review Reports and Unfounded Review Reports in reports to the | 2 | | General Assembly. The reports shall describe recommendations | 3 | | for systemic reforms based on the findings of the reviews and | 4 | | the steps the Department will take to implement the | 5 | | recommendations. The initial report shall be filed 90 days | 6 | | after the effective date of this amendatory Act of the 101st | 7 | | General Assembly. Subsequent reports shall be filed on December | 8 | | 1 and June 1 of each year.
| 9 | | (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
| 10 | | Sec. 8.2. If the Child Protective Service Unit determines, | 11 | | following
an investigation made pursuant to Section 7.4 of this | 12 | | Act, that there is
credible evidence that the child is abused | 13 | | or neglected, the Department
shall assess the family's need for | 14 | | services, and, as necessary, develop,
with the family, an | 15 | | appropriate service plan for the family's voluntary
acceptance | 16 | | or refusal. In any case where there is evidence that the
| 17 | | perpetrator of the abuse or neglect has a substance use | 18 | | disorder as defined in the Substance Use Disorder Act, the | 19 | | Department, when
making referrals for drug or alcohol abuse | 20 | | services, shall make such referrals
to facilities licensed by | 21 | | the Department of Human Services or the Department
of Public | 22 | | Health. The Department shall comply with Section 8.1 by | 23 | | explaining
its lack of legal authority to compel the acceptance | 24 | | of services and may
explain its concomitant authority to | 25 | | petition the Circuit court
under the Juvenile Court Act of 1987 |
| | | SB0193 Enrolled | - 8 - | LRB101 08510 SLF 53587 b |
|
| 1 | | or refer the case to the local law
enforcement authority or | 2 | | State's attorney for criminal prosecution.
| 3 | | For purposes of this Act, the term "family preservation | 4 | | services"
refers to all services
to help families, including | 5 | | adoptive and extended families. Family
preservation services | 6 | | shall be
offered, where safe and appropriate,
to prevent the | 7 | | placement of children in substitute
care when the children can | 8 | | be cared for at home or in the custody of the
person | 9 | | responsible for the children's welfare without endangering the
| 10 | | children's health or safety, to reunite them with their
| 11 | | families if so placed when reunification
is an appropriate | 12 | | goal, or to maintain an adoptive placement. The term
| 13 | | "homemaker" includes emergency caretakers, homemakers, | 14 | | caretakers,
housekeepers and chore services. The term | 15 | | "counseling" includes individual
therapy, infant stimulation | 16 | | therapy, family therapy, group therapy,
self-help groups, drug | 17 | | and alcohol abuse counseling, vocational counseling
and | 18 | | post-adoptive services. The term "day care" includes | 19 | | protective day
care and day care to meet educational, | 20 | | prevocational or vocational needs.
The term "emergency | 21 | | assistance and advocacy" includes coordinated services
to | 22 | | secure emergency cash, food, housing and medical assistance or | 23 | | advocacy
for other subsistence and family protective needs.
| 24 | | Before July 1, 2000, appropriate family preservation | 25 | | services shall, subject
to appropriation, be included in the | 26 | | service plan if the Department has
determined that those |
| | | SB0193 Enrolled | - 9 - | LRB101 08510 SLF 53587 b |
|
| 1 | | services will ensure the child's health and safety, are
in the | 2 | | child's best interests, and will not place the child in | 3 | | imminent risk of
harm. Beginning July 1, 2000, appropriate | 4 | | family preservation services shall
be uniformly available | 5 | | throughout the State. The Department shall promptly
notify | 6 | | children and families of the Department's responsibility to | 7 | | offer and
provide family preservation services as identified in | 8 | | the service plan. Such
plans may include but are not limited | 9 | | to: case management services; homemakers;
counseling; parent | 10 | | education; day care; emergency assistance and advocacy
| 11 | | assessments; respite care; in-home health care; transportation | 12 | | to obtain any of
the above services; and medical assistance. | 13 | | Nothing in this paragraph shall be
construed to create a | 14 | | private right of action or claim on the part of any
individual | 15 | | or child welfare agency, except that when a child is the | 16 | | subject of an action under Article II of the Juvenile Court Act | 17 | | of 1987 and the child's service plan calls for services to | 18 | | facilitate achievement of the permanency goal, the court | 19 | | hearing the action under Article II of the Juvenile Court Act | 20 | | of 1987 may order the Department to provide the services set | 21 | | out in the plan, if those services are not provided with | 22 | | reasonable promptness and if those services are available.
| 23 | | Each Department field office shall maintain on a local | 24 | | basis
directories of services available to children and | 25 | | families in the local
area where the Department office is | 26 | | located.
|
| | | SB0193 Enrolled | - 10 - | LRB101 08510 SLF 53587 b |
|
| 1 | | The Department shall refer children and families served
| 2 | | pursuant to this Section to private agencies and governmental | 3 | | agencies,
where available.
| 4 | | Incentives that discourage or reward a decision to provide | 5 | | family preservation services after a report is indicated or a | 6 | | decision to refer a child for the filing of a petition under | 7 | | Article II of the Juvenile Court Act of 1987 are strictly | 8 | | prohibited and shall not be included in any contract, quality | 9 | | assurance, or performance review process. Incentives include, | 10 | | but are not limited to, monetary benefits, contingencies, and | 11 | | enhanced or diminished performance reviews for individuals or | 12 | | agencies. | 13 | | Any decision regarding whether to provide family | 14 | | preservation services after an indicated report or to refer a | 15 | | child for the filing of a petition under Article II of the | 16 | | Juvenile Court Act of 1987 shall be based solely on the child's | 17 | | health, safety, and best interests and on any applicable law. | 18 | | If a difference of opinion exists between a private agency and | 19 | | the Department regarding whether to refer for the filing of a | 20 | | petition under Article II of the Juvenile Court Act of 1987, | 21 | | the case shall be referred to the Deputy Director of Child | 22 | | Protection for review and determination. | 23 | | Any Department employee responsible for reviewing | 24 | | contracts or program plans who is aware of a violation of this | 25 | | Section shall immediately refer the matter to the Inspector | 26 | | General of the Department. |
| | | SB0193 Enrolled | - 11 - | LRB101 08510 SLF 53587 b |
|
| 1 | | Where there are 2 equal proposals from both a | 2 | | not-for-profit and a
for-profit agency to provide services, the | 3 | | Department shall give preference
to the proposal from the | 4 | | not-for-profit agency.
| 5 | | No service plan shall compel any child or parent to engage | 6 | | in any
activity or refrain from any activity which is not | 7 | | reasonably related to
remedying a condition or conditions that | 8 | | gave rise or which could give rise
to any finding of child | 9 | | abuse or neglect.
| 10 | | (Source: P.A. 100-759, eff. 1-1-19 .)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law. |
|