Full Text of HB0616 95th General Assembly
HB0616ham001 95TH GENERAL ASSEMBLY
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DCFS Oversight Committee
Filed: 3/15/2007
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09500HB0616ham001 |
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LRB095 05209 DRJ 33228 a |
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| AMENDMENT TO HOUSE BILL 616
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| AMENDMENT NO. ______. Amend House Bill 616 on page 1, after | 3 |
| line 3, by inserting the following:
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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 |
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| investigation at
any time
during the 12 months preceding | 2 |
| the child's death.
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| (5) Any other child whose death is reported to the | 4 |
| State central
register as a result of alleged child abuse | 5 |
| or neglect which report is
subsequently indicated.
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| A child death review team may, at its discretion, review | 7 |
| other sudden,
unexpected, or unexplained child deaths.
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| (b) A child death review team's purpose in conducting | 9 |
| reviews of child
deaths
is to do the following:
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| (1) Assist in determining the cause and manner of the | 11 |
| child's death, when
requested.
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| (2) Evaluate means by which the death might have been | 13 |
| prevented.
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| (3) Report its findings to appropriate agencies and | 15 |
| make recommendations
that may help to reduce the number of | 16 |
| child deaths caused by abuse or neglect.
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| (4) Promote continuing education for professionals | 18 |
| involved in
investigating, treating, and preventing child | 19 |
| abuse and neglect as a means of
preventing child deaths due | 20 |
| to abuse or neglect.
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| (5) Make specific recommendations to the Director and | 22 |
| the Inspector
General of the Department concerning the | 23 |
| prevention of child deaths due to
abuse or neglect and the | 24 |
| establishment of protocols for investigating child
deaths.
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| (c) A child death review team shall review a child death as | 26 |
| 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 | 2 |
| under the
Abused and Neglected Child Reporting Act. When there | 3 |
| has been no investigation
by the Department, the child death | 4 |
| review team shall review a child's death
within 90 days after | 5 |
| obtaining the information necessary to complete the review
from | 6 |
| the coroner, pathologist, medical examiner, or law enforcement | 7 |
| 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 | 10 |
| recommendations
made by a team under
item (5) of
subsection | 11 |
| (b). With respect to each recommendation made by a team, the | 12 |
| Director shall submit his or her reply both to the chairperson | 13 |
| of that team and to the chairperson of the Executive Council. | 14 |
| The Director's reply to each recommendation must include a | 15 |
| statement as to whether the Director intends to implement the | 16 |
| recommendation. | 17 |
| The Director shall implement recommendations as feasible | 18 |
| and
appropriate and shall respond in writing to explain the | 19 |
| implementation or
nonimplementation of the recommendations. | 20 |
| (e) Within 90 days after the Director submits a reply with | 21 |
| respect to a recommendation as required by subsection (d), the | 22 |
| Director must submit an additional report that sets forth in | 23 |
| detail the way, if any, in which the Director will implement | 24 |
| the recommendation and the schedule for implementing the | 25 |
| recommendation. The Director shall submit this report to the | 26 |
| chairperson of the team that made the recommendation and to the |
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| chairperson of the Executive Council. | 2 |
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(f) Within 180 days after the Director submits a report | 3 |
| under subsection (e) concerning the implementation of a | 4 |
| recommendation, the Director shall submit a further report to | 5 |
| the chairperson of the team that made the recommendation and to | 6 |
| the chairperson of the Executive Council. This report shall set | 7 |
| forth the specific changes in the Department's policies and | 8 |
| procedures that have been made in response to the | 9 |
| 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 | 13 |
| Council.
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| (a) The Illinois Child Death Review Teams Executive | 15 |
| Council, consisting of
the
chairpersons of the 9 child death | 16 |
| review teams in Illinois, is the coordinating
and
oversight | 17 |
| body for child death review teams and activities in Illinois. | 18 |
| The
vice-chairperson of a child death review team, as | 19 |
| designated by the
chairperson, may
serve
as a back-up member or | 20 |
| an alternate member of the Executive Council, if the
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| chairperson of the child death review team is unavailable to | 22 |
| serve on the
Executive Council. The Inspector General of the | 23 |
| Department, ex officio, is a
non-voting member of the Executive | 24 |
| Council. The Director may
appoint to the Executive Council any
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| ex-officio members deemed necessary. Persons with
expertise |
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| needed by the Executive Council may be invited to meetings. The
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| Executive Council must select from its members a chairperson | 3 |
| 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 | 5 |
| each calendar year. At each such meeting, in addition to any | 6 |
| other matters under consideration, the Executive Council shall | 7 |
| review all replies and reports received from the Director | 8 |
| pursuant to subsections (d), (e), and (f) of Section 20 since | 9 |
| the Executive Council's previous meeting. The Executive | 10 |
| Council's review must include consideration of the Director's | 11 |
| proposed manner of and schedule for implementing each | 12 |
| recommendation made by a child death review team.
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| (b) The Department must provide or arrange for the staff | 14 |
| support necessary
for the
Executive Council to carry out its | 15 |
| duties.
The Director, in cooperation and consultation with the | 16 |
| Executive Council, shall
appoint, reappoint, and remove team | 17 |
| members.
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| (c) The Executive Council has, but is not limited to, the | 19 |
| following duties:
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| (1) To serve as the voice of child death review teams | 21 |
| in Illinois.
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| (2) To oversee the regional teams in order to ensure | 23 |
| that the teams' work
is
coordinated and in compliance with | 24 |
| the statutes and the operating protocol.
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| (3) To ensure that the data, results, findings, and | 26 |
| recommendations of the
teams are
adequately used to make |
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| 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 | 4 |
| Department, and others
in order to
develop any legislation | 5 |
| needed to prevent child fatalities and to protect
children.
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| (5) To assist in the development of quarterly and | 7 |
| annual reports based on
the work
and the findings of the | 8 |
| teams.
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| (6) To ensure that the regional teams' review processes | 10 |
| are standardized
in order to
convey data, findings, and | 11 |
| recommendations in a usable format.
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| (7) To serve as a link with child death review teams | 13 |
| throughout the
country and to
participate in national child | 14 |
| death review team activities.
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| (8) To develop an annual statewide symposium to update | 16 |
| the knowledge and
skills of
child death review team members | 17 |
| and to promote the exchange of information
between teams.
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| (9) To provide the child death review teams with the | 19 |
| most current
information and practices concerning child | 20 |
| death review and related topics.
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| (10) To perform any other functions necessary to | 22 |
| enhance the capability of
the child death review teams to | 23 |
| reduce and prevent child injuries and
fatalities.
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| (c-5) The Executive Council shall prepare an annual report. | 25 |
| The report must include, but need not be limited to, (i) each | 26 |
| recommendation made by a child death review team pursuant to |
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| item (5) of subsection (b) of Section 20 during the period | 2 |
| covered by the report, (ii) the Director's proposed schedule | 3 |
| for implementing each such recommendation, and (iii) a | 4 |
| description of the specific changes in the Department's | 5 |
| policies and procedures that have been made in response to the | 6 |
| recommendation. The Executive Council shall send a copy of its | 7 |
| annual report to each of the following: | 8 |
| (1) The Governor. | 9 |
| (2) Each member of the Senate or the House of | 10 |
| Representatives whose legislative district lies wholly or | 11 |
| partly within the region covered by any child death review | 12 |
| team whose recommendation is addressed in the annual | 13 |
| report. | 14 |
| (3) Each member of each child death review team in the | 15 |
| State.
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| (d) In any instance when a child death review team does not | 17 |
| operate in
accordance with
established protocol, the Director, | 18 |
| in consultation and cooperation
with the Executive Council,
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| must take any necessary actions to bring the team into | 20 |
| compliance
with the
protocol.
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| (Source: P.A. 92-468, eff. 8-22-01.)".
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