Full Text of HB0616 95th General Assembly
HB0616eng 95TH GENERAL ASSEMBLY
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LRB095 05209 DRJ 25283 b |
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| AN ACT concerning children.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 2. The Child Death Review Team Act is amended by | 5 |
| changing Sections 20 and 40 as follows:
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| (20 ILCS 515/20)
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| Sec. 20. Reviews of child deaths.
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| (a) Every child death shall be reviewed by the team in the | 9 |
| subregion which
has
primary case management responsibility. | 10 |
| The deceased child must be one of the
following:
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| (1) A ward of the Department.
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| (2) The subject of an open service case maintained by | 13 |
| the Department.
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| (3) The subject of a pending child abuse or neglect | 15 |
| investigation.
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| (4) A child who was the subject of an abuse or neglect | 17 |
| investigation at
any time
during the 12 months preceding | 18 |
| the child's death.
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| (5) Any other child whose death is reported to the | 20 |
| State central
register as a result of alleged child abuse | 21 |
| or neglect which report is
subsequently indicated.
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| A child death review team may, at its discretion, review | 23 |
| other sudden,
unexpected, or unexplained child deaths.
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| (b) A child death review team's purpose in conducting | 2 |
| reviews of child
deaths
is to do the following:
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| (1) Assist in determining the cause and manner of the | 4 |
| child's death, when
requested.
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| (2) Evaluate means by which the death might have been | 6 |
| prevented.
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| (3) Report its findings to appropriate agencies and | 8 |
| make recommendations
that may help to reduce the number of | 9 |
| child deaths caused by abuse or neglect.
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| (4) Promote continuing education for professionals | 11 |
| involved in
investigating, treating, and preventing child | 12 |
| abuse and neglect as a means of
preventing child deaths due | 13 |
| to abuse or neglect.
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| (5) Make specific recommendations to the Director and | 15 |
| the Inspector
General of the Department concerning the | 16 |
| prevention of child deaths due to
abuse or neglect and the | 17 |
| establishment of protocols for investigating child
deaths.
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| (c) A child death review team shall review a child death as | 19 |
| soon as
practical and not later than
90 days following
the
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| completion by the Department of the investigation of the death | 21 |
| under the
Abused and Neglected Child Reporting Act. When there | 22 |
| has been no investigation
by the Department, the child death | 23 |
| review team shall review a child's death
within 90 days after | 24 |
| obtaining the information necessary to complete the review
from | 25 |
| the coroner, pathologist, medical examiner, or law enforcement | 26 |
| agency,
depending on the nature of the case. A child death
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| review
team shall meet at
least once in
each calendar quarter.
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| (d) The Director shall, within 90 days, review and reply to | 3 |
| recommendations
made by a team under
item (5) of
subsection | 4 |
| (b). With respect to each recommendation made by a team, the | 5 |
| Director shall submit his or her reply both to the chairperson | 6 |
| of that team and to the chairperson of the Executive Council. | 7 |
| The Director's reply to each recommendation must include a | 8 |
| statement as to whether the Director intends to implement the | 9 |
| recommendation. | 10 |
| The Director shall implement recommendations as feasible | 11 |
| and
appropriate and shall respond in writing to explain the | 12 |
| implementation or
nonimplementation of the recommendations. | 13 |
| (e) Within 90 days after the Director submits a reply with | 14 |
| respect to a recommendation as required by subsection (d), the | 15 |
| Director must submit an additional report that sets forth in | 16 |
| detail the way, if any, in which the Director will implement | 17 |
| the recommendation and the schedule for implementing the | 18 |
| recommendation. The Director shall submit this report to the | 19 |
| chairperson of the team that made the recommendation and to the | 20 |
| chairperson of the Executive Council. | 21 |
| (f) Within 180 days after the Director submits a report | 22 |
| under subsection (e) concerning the implementation of a | 23 |
| recommendation, the Director shall submit a further report to | 24 |
| the chairperson of the team that made the recommendation and to | 25 |
| the chairperson of the Executive Council. This report shall set | 26 |
| forth the specific changes in the Department's policies and |
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| procedures that have been made in response to the | 2 |
| recommendation.
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| (Source: P.A. 90-239, eff. 7-28-97; 90-608, eff. 6-30-98.)
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| (20 ILCS 515/40)
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| Sec. 40. Illinois Child Death Review Teams Executive | 6 |
| Council.
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| (a) The Illinois Child Death Review Teams Executive | 8 |
| Council, consisting of
the
chairpersons of the 9 child death | 9 |
| review teams in Illinois, is the coordinating
and
oversight | 10 |
| body for child death review teams and activities in Illinois. | 11 |
| The
vice-chairperson of a child death review team, as | 12 |
| designated by the
chairperson, may
serve
as a back-up member or | 13 |
| an alternate member of the Executive Council, if the
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| chairperson of the child death review team is unavailable to | 15 |
| serve on the
Executive Council. The Inspector General of the | 16 |
| Department, ex officio, is a
non-voting member of the Executive | 17 |
| Council. The Director may
appoint to the Executive Council any
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| ex-officio members deemed necessary. Persons with
expertise | 19 |
| needed by the Executive Council may be invited to meetings. The
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| Executive Council must select from its members a chairperson | 21 |
| and a
vice-chairperson, each
to serve a 2-year, renewable term.
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| The Executive Council must meet at least 4 times during | 23 |
| each calendar year. At each such meeting, in addition to any | 24 |
| other matters under consideration, the Executive Council shall | 25 |
| review all replies and reports received from the Director |
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| pursuant to subsections (d), (e), and (f) of Section 20 since | 2 |
| the Executive Council's previous meeting. The Executive | 3 |
| Council's review must include consideration of the Director's | 4 |
| proposed manner of and schedule for implementing each | 5 |
| recommendation made by a child death review team.
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| (b) The Department must provide or arrange for the staff | 7 |
| support necessary
for the
Executive Council to carry out its | 8 |
| duties.
The Director, in cooperation and consultation with the | 9 |
| Executive Council, shall
appoint, reappoint, and remove team | 10 |
| members.
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| (c) The Executive Council has, but is not limited to, the | 12 |
| following duties:
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| (1) To serve as the voice of child death review teams | 14 |
| in Illinois.
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| (2) To oversee the regional teams in order to ensure | 16 |
| that the teams' work
is
coordinated and in compliance with | 17 |
| the statutes and the operating protocol.
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| (3) To ensure that the data, results, findings, and | 19 |
| recommendations of the
teams are
adequately used to make | 20 |
| any necessary changes in the policies, procedures, and
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| statutes in order to protect children in a timely manner.
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| (4) To collaborate with the General Assembly, the | 23 |
| Department, and others
in order to
develop any legislation | 24 |
| needed to prevent child fatalities and to protect
children.
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| (5) To assist in the development of quarterly and | 26 |
| annual reports based on
the work
and the findings of the |
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| teams.
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| (6) To ensure that the regional teams' review processes | 3 |
| are standardized
in order to
convey data, findings, and | 4 |
| recommendations in a usable format.
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| (7) To serve as a link with child death review teams | 6 |
| throughout the
country and to
participate in national child | 7 |
| death review team activities.
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| (8) To develop an annual statewide symposium to update | 9 |
| the knowledge and
skills of
child death review team members | 10 |
| and to promote the exchange of information
between teams.
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| (9) To provide the child death review teams with the | 12 |
| most current
information and practices concerning child | 13 |
| death review and related topics.
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| (10) To perform any other functions necessary to | 15 |
| enhance the capability of
the child death review teams to | 16 |
| reduce and prevent child injuries and
fatalities.
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| (c-5) The Executive Council shall prepare an annual report. | 18 |
| The report must include, but need not be limited to, (i) each | 19 |
| recommendation made by a child death review team pursuant to | 20 |
| item (5) of subsection (b) of Section 20 during the period | 21 |
| covered by the report, (ii) the Director's proposed schedule | 22 |
| for implementing each such recommendation, and (iii) a | 23 |
| description of the specific changes in the Department's | 24 |
| policies and procedures that have been made in response to the | 25 |
| recommendation. The Executive Council shall send a copy of its | 26 |
| annual report to each of the following: |
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| (1) The Governor. | 2 |
| (2) Each member of the Senate or the House of | 3 |
| Representatives whose legislative district lies wholly or | 4 |
| partly within the region covered by any child death review | 5 |
| team whose recommendation is addressed in the annual | 6 |
| report. | 7 |
| (3) Each member of each child death review team in the | 8 |
| State.
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| (d) In any instance when a child death review team does not | 10 |
| operate in
accordance with
established protocol, the Director, | 11 |
| in consultation and cooperation
with the Executive Council,
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| must take any necessary actions to bring the team into | 13 |
| compliance
with the
protocol.
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| (Source: P.A. 92-468, eff. 8-22-01.)
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| Section 5. The Abused and Neglected Child Reporting Act is | 16 |
| amended by changing Section 4.2 as follows:
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| (325 ILCS 5/4.2)
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| Sec. 4.2. Departmental report on death or serious | 19 |
| life-threatening injury of child.
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| (a) In the case of the death or serious life-threatening | 21 |
| injury of a child whose care and custody or custody
and | 22 |
| guardianship has been transferred to the Department, or in the | 23 |
| case
of a child abuse or neglect report made to the central | 24 |
| register involving the
death of a child, the
Department shall |
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| (i) investigate or provide for an investigation of the cause
of | 2 |
| and circumstances surrounding the death or serious | 3 |
| life-threatening injury , (ii) review the investigation,
and | 4 |
| (iii) prepare and issue a report on the death or serious | 5 |
| life-threatening injury .
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| (b) The report shall include (i) the cause of death or | 7 |
| serious life-threatening injury , whether from natural
or other | 8 |
| causes, (ii) identification of child protective or other | 9 |
| services
provided or actions taken regarding the child and his | 10 |
| or her family, (iii) any
extraordinary or pertinent information | 11 |
| concerning the circumstances of the
child's death or serious | 12 |
| life-threatening injury , (iii) identification of child | 13 |
| protective or other social services provided or actions taken | 14 |
| regarding the child or his or her family at the time of the | 15 |
| death or serious life-threatening injury or within the | 16 |
| preceding 5 years, (iv) whether the child or the child's family | 17 |
| had received
assistance, care, or services from the social | 18 |
| services district prior to the
child's death, (v) any action or | 19 |
| further investigation undertaken by the
Department since the | 20 |
| death or serious life-threatening injury of the
child, (v)
and | 21 |
| (vi) as appropriate, recommendations for State
administrative | 22 |
| or policy changes , and (vi) whether the alleged perpetrator of | 23 |
| the abuse or neglect has been charged with committing a crime | 24 |
| related to the report and allegation of abuse or neglect. In | 25 |
| any case involving the death or near death of a child, when a | 26 |
| person responsible for the child has been charged with |
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| committing a crime that results in the child's death or near | 2 |
| death, there shall be a presumption that the best interest of | 3 |
| the public will be served by public disclosure of certain | 4 |
| information concerning the circumstances of the investigations | 5 |
| of the death or near death of the child and any other | 6 |
| investigations concerning that child or other children living | 7 |
| in the same household .
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| If the Department receives from the public a request for | 9 |
| information relating to a case of child abuse or neglect | 10 |
| involving the death or serious life-threatening injury of a | 11 |
| child, the Director shall consult with the State's Attorney in | 12 |
| the county of venue and release the report related to the case, | 13 |
| except for the following, which may be redacted from the | 14 |
| information disclosed to the public: any mental health or | 15 |
| psychological information that is confidential as otherwise | 16 |
| provided in State law; privileged communications of an | 17 |
| attorney; the identity of the individual or individuals, if | 18 |
| known, who made the report; information that may cause mental | 19 |
| or physical harm to a sibling or another child living in the | 20 |
| household; information that may undermine an ongoing criminal | 21 |
| investigation; and any information prohibited from disclosure | 22 |
| by federal law or regulation. Any information provided by an | 23 |
| adult subject of a report that is released about the case in a | 24 |
| public forum shall be subject to disclosure upon a public | 25 |
| information request. Information about the case shall also be | 26 |
| subject to disclosure upon consent of an adult subject. |
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| Information about the case shall also be subject to disclosure | 2 |
| if it has been publicly disclosed in a report by a law | 3 |
| enforcement agency or official, a State's Attorney, a judge, or | 4 |
| any other State or local investigative agency or official.
The | 5 |
| report shall contain no information that would identify the | 6 |
| name of the
deceased child, his or her siblings, the parent or | 7 |
| other person legally
responsible for the child, or any other | 8 |
| members of the child's household, but
shall refer instead to | 9 |
| the case, which may be denoted in any fashion determined
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| appropriate by the Department. In making a
fatality report | 11 |
| available to the public pursuant to subsection (c) of this
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| Section, the Department may respond to a child specific request | 13 |
| for a
report if the Department determines that the disclosure | 14 |
| is not contrary to
the best interests of the deceased child's | 15 |
| siblings or other children in the
household. Except as it may | 16 |
| apply directly to the cause of the death or serious | 17 |
| life-threatening injury of the
child, nothing
in this Section | 18 |
| shall be deemed to authorize the release or disclosure to the
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| public of
the substance or content of any psychological, | 20 |
| psychiatric, therapeutic,
clinical, or medical reports, | 21 |
| evaluation, or like materials or information
pertaining to the | 22 |
| child or the child's family.
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| (c) No later than 6 months after the date of the death or | 24 |
| serious life-threatening injury of the child, the
Department | 25 |
| shall complete its report.
The Department shall notify the | 26 |
| President of the Senate, the Minority Leader of
the Senate, the
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| Speaker of the House of Representatives, the Minority Leader of | 2 |
| the House of
Representatives, and the members of the Senate and | 3 |
| the House of Representatives
in whose district the child's | 4 |
| death or serious life-threatening injury occurred upon the | 5 |
| completion of each report
and
shall submit an annual cumulative | 6 |
| report to the Governor and the General
Assembly incorporating | 7 |
| cumulative
the data about
in the above reports and including | 8 |
| appropriate
findings
and recommendations. The reports required | 9 |
| by this subsection (c)
concerning the death of a child and the
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| cumulative reports shall be made available to the public
after | 11 |
| completion or submittal.
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| (d) To enable the Department to prepare the report, the | 13 |
| Department may
request and shall timely receive from | 14 |
| departments, boards, bureaus, or other
agencies of the State, | 15 |
| or any of its political subdivisions, or any duly
authorized | 16 |
| agency, or any other agency which provided assistance, care, or
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| services to the deceased or injured child any information they | 18 |
| are authorized to
provide.
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| (Source: P.A. 90-15, eff. 6-13-97.)
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