Full Text of HB0616 95th General Assembly
HB0616sam002 95TH GENERAL ASSEMBLY
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Sen. James F. Clayborne Jr.
Filed: 5/10/2007
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LRB095 05209 DRJ 36070 a |
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| AMENDMENT TO HOUSE BILL 616
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| AMENDMENT NO. ______. Amend House Bill 616 on page 1, by | 3 |
| replacing lines 4 and 5 with the following:
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| "Section 2. The Open Meetings Act is amended by changing | 5 |
| Section 1.02 as follows: | 6 |
| (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
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| Sec. 1.02. For the purposes of this Act:
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| "Meeting" means any gathering, whether in person or by | 9 |
| video or audio conference, telephone call, electronic means | 10 |
| (such as, without limitation, electronic mail, electronic | 11 |
| chat, and instant messaging), or other means of contemporaneous | 12 |
| interactive communication, of a majority of a quorum of the | 13 |
| members of a
public body held for the purpose of discussing | 14 |
| public
business.
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| "Public body" includes all legislative, executive, | 16 |
| administrative or advisory
bodies of the State, counties, |
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| townships, cities, villages, incorporated
towns, school | 2 |
| districts and all other municipal corporations, boards, | 3 |
| bureaus,
committees or commissions of this State, and any | 4 |
| subsidiary bodies of any
of the foregoing including but not | 5 |
| limited to committees and subcommittees
which are supported in | 6 |
| whole or in part by tax revenue, or which expend tax
revenue, | 7 |
| except the General Assembly and committees or commissions | 8 |
| thereof.
"Public body" includes tourism boards and convention | 9 |
| or civic center
boards located in counties that are contiguous | 10 |
| to the Mississippi River with
populations of more than 250,000 | 11 |
| but less than 300,000. "Public body"
includes the Health | 12 |
| Facilities Planning Board. "Public body" does not
include a | 13 |
| child death review team ,
or the Illinois Child Death Review | 14 |
| Teams
Executive Council , or the Child Death Investigation Task | 15 |
| Force established under
the Child Death Review Team Act or an | 16 |
| ethics commission acting under the State Officials and
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| Employees Ethics Act.
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| (Source: P.A. 93-617, eff. 12-9-03; 94-1058, eff. 1-1-07.)
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| Section 3. The Freedom of Information Act is amended by | 20 |
| changing Section 2 as follows:
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| (5 ILCS 140/2) (from Ch. 116, par. 202)
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| Sec. 2. Definitions. As used in this Act:
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| (a) "Public body" means any legislative,
executive, | 24 |
| administrative, or advisory bodies of the State, state |
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| universities
and colleges, counties, townships, cities, | 2 |
| villages, incorporated towns,
school districts and all other | 3 |
| municipal corporations,
boards, bureaus, committees, or | 4 |
| commissions of this State, any
subsidiary
bodies of any of the | 5 |
| foregoing including but not limited to committees and
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| subcommittees which are supported in whole or in part by tax | 7 |
| revenue, or
which expend tax revenue, and a School Finance | 8 |
| Authority created under
Article 1E of the School Code.
"Public | 9 |
| body" does not include a child death review team ,
or the | 10 |
| Illinois Child Death Review Teams
Executive Council , or the | 11 |
| Child Death Investigation Task Force
established under
the | 12 |
| Child Death Review Team Act.
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| (b) "Person" means any individual, corporation, | 14 |
| partnership, firm,
organization
or association, acting | 15 |
| individually or as a group.
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| (c) "Public records" means all records, reports, forms, | 17 |
| writings, letters,
memoranda, books, papers, maps, | 18 |
| photographs, microfilms, cards, tapes,
recordings,
electronic | 19 |
| data processing records, recorded information and all other
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| documentary
materials, regardless of physical form or | 21 |
| characteristics, having been
prepared, or having been or being | 22 |
| used, received, possessed or under the
control
of
any public | 23 |
| body. "Public records" includes, but is expressly not limited
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| to: (i) administrative manuals, procedural rules, and | 25 |
| instructions to staff,
unless exempted by Section 7(p) of this | 26 |
| Act; (ii) final opinions and orders
made in the adjudication of |
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| cases, except an educational institution's
adjudication of
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| student or employee grievance or disciplinary cases; (iii) | 3 |
| substantive rules;
(iv) statements and
interpretations of | 4 |
| policy which have been adopted by a public body; (v)
final | 5 |
| planning policies, recommendations, and decisions; (vi) | 6 |
| factual reports,
inspection reports, and studies whether | 7 |
| prepared by or for the public body;
(vii) all information in | 8 |
| any account, voucher, or contract dealing with
the receipt or | 9 |
| expenditure of public or other funds of public bodies; (viii)
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| the names, salaries, titles, and dates of employment of all | 11 |
| employees and
officers of public bodies; (ix) materials | 12 |
| containing opinions concerning
the rights of the state, the | 13 |
| public, a subdivision of state or a local
government,
or of any | 14 |
| private persons; (x) the name of every official and the final
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| records of voting in all proceedings of public bodies; (xi) | 16 |
| applications
for any contract, permit, grant, or agreement | 17 |
| except as exempted from
disclosure
by subsection (g) of Section | 18 |
| 7 of this Act; (xii) each report, document,
study, or | 19 |
| publication prepared by independent consultants or other | 20 |
| independent
contractors for the public body; (xiii) all other | 21 |
| information required by
law to be made available for public | 22 |
| inspection or copying;
(xiv) information relating to any grant | 23 |
| or contract made by or between a
public body and another public | 24 |
| body or private organization; (xv)
waiver documents filed with | 25 |
| the State Superintendent of Education or the
president of the | 26 |
| University of Illinois under Section 30-12.5 of the School
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| Code, concerning nominees for
General Assembly scholarships | 2 |
| under
Sections 30-9, 30-10, and 30-11 of the School Code; (xvi)
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| complaints,
results of complaints, and Department of Children | 4 |
| and Family Services staff
findings of licensing violations at | 5 |
| day care facilities, provided that personal
and identifying | 6 |
| information is not released; and (xvii) records, reports,
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| forms, writings, letters, memoranda, books, papers, and other | 8 |
| documentary
information, regardless of physical form or | 9 |
| characteristics, having been
prepared, or having been or being | 10 |
| used, received, possessed, or under the
control of the Illinois | 11 |
| Sports Facilities Authority dealing with the receipt or
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| expenditure of public funds or other funds of the Authority in | 13 |
| connection with
the reconstruction, renovation, remodeling, | 14 |
| extension, or improvement of all or
substantially all of an | 15 |
| existing "facility" as that term is defined in the
Illinois | 16 |
| Sports Facilities Authority Act.
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| (d) "Copying" means the reproduction of any public record | 18 |
| by means of any
photographic, electronic, mechanical or other | 19 |
| process, device or means.
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| (e) "Head of the public body" means the president, mayor, | 21 |
| chairman,
presiding
officer, director, superintendent, | 22 |
| manager, supervisor or individual otherwise
holding primary | 23 |
| executive and administrative authority for the public
body, or | 24 |
| such person's duly authorized designee.
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| (f) "News media" means a newspaper or other periodical | 26 |
| issued at regular
intervals whether in print or electronic |
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| format, a news service whether
in print or electronic format, a | 2 |
| radio
station, a television station, a television network, a | 3 |
| community
antenna television service, or a person or | 4 |
| corporation engaged in making news
reels or other motion | 5 |
| picture news for public showing.
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| (Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01; | 7 |
| 92-468, eff.
8-22-01; 92-547, eff. 6-13-02; 92-651, eff. | 8 |
| 7-11-02.)
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| Section 4. The Child Death Review Team Act is amended by | 10 |
| changing Sections 15, 20, 25, 30, 35, and 40 and by adding | 11 |
| Sections 45 and 50 as follows:
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| (20 ILCS 515/15)
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| Sec. 15. Child death review teams; establishment.
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| (a) The Executive Council
Director , in consultation with | 15 |
| the Executive Council, law
enforcement , and other
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| professionals who work in the field of investigating, treating, | 17 |
| or preventing
child abuse or neglect in that subregion, shall | 18 |
| appoint members to a child
death review
team in each of the | 19 |
| Department's administrative subregions of the State outside
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| Cook County and at least one child death review team in Cook | 21 |
| County. The
members of a team shall be appointed for 2-year | 22 |
| terms and
shall be eligible for reappointment upon the | 23 |
| expiration of the terms. The child death review teams shall be | 24 |
| independent of the operations of the Department and shall |
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| report to the Executive Council.
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| (b) Each child death review team shall consist of at least | 3 |
| one member from
each of the following categories:
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| (1) Pediatrician or other physician knowledgeable | 5 |
| about child abuse and
neglect.
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| (2) Representative of the Department.
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| (3) State's attorney or State's attorney's | 8 |
| representative.
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| (4) Representative of a local law enforcement agency.
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| (5) Psychologist or psychiatrist.
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| (6) Representative of a local health department.
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| (7) Representative of a school district or other | 13 |
| education or child care
interests.
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| (8) Coroner or forensic pathologist.
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| (9) Representative of a child welfare agency or child | 16 |
| advocacy
organization.
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| (10) Representative of a local hospital, trauma | 18 |
| center, or provider of
emergency medical services.
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| Each child death review team may make recommendations to | 20 |
| the Director
concerning additional appointments.
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| Each child death review team member must have demonstrated | 22 |
| experience and an
interest in investigating, treating, or | 23 |
| preventing child abuse or neglect.
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| (c) Each child death review team shall select a chairperson | 25 |
| from among its
members.
The chairperson shall also serve on the | 26 |
| Illinois Child Death Review Teams
Executive
Council.
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| (d) The Executive Council shall appoint a Child Death | 2 |
| Review Teams Executive Director who shall oversee the operation | 3 |
| of the child death review teams and shall report directly to | 4 |
| the Executive Council. The Executive Director, with the | 5 |
| approval of the Executive Council, shall appoint a Child Death | 6 |
| Review Teams Assistant Director, who shall report to the | 7 |
| Executive Director. The Executive Director, with the approval | 8 |
| of the Executive Council, shall employ staff as necessary and | 9 |
| appropriate to enable the child death review teams to perform | 10 |
| their functions as required under this Act. The staff shall | 11 |
| include a Department Senior Public Service Administrator, a | 12 |
| liaison to coordinate activities between the child death review | 13 |
| teams and the Department, and clerical and other support staff | 14 |
| as necessary. The liaison and the clerical and other support | 15 |
| staff shall not be employees of the Department. | 16 |
| (e) The child death review teams shall be funded under a | 17 |
| separate line item in the Department's annual budget.
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| (Source: P.A. 92-468, eff. 8-22-01.)"; and
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| on page 1, by replacing line 21 with the following: | 20 |
| "or neglect and investigated by the Child Death Investigation | 21 |
| Task Force established under Section 45
which report is | 22 |
| subsequently indicated ."; and | 23 |
| on page 4, after line 3, by inserting the following:
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| "(20 ILCS 515/25)
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| Sec. 25. Team access to information.
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| (a) The Department shall provide to a child death review | 4 |
| team, on the
request of the team chairperson, and to the Child | 5 |
| Death Investigation Task Force, on the request of the Deputy | 6 |
| Director in charge of the Task Force, all records and | 7 |
| information in the
Department's
possession that are relevant to | 8 |
| the team's or Task Force's review or investigation of a child | 9 |
| death or serious, life-threatening injury , including
records | 10 |
| and information concerning previous reports or investigations | 11 |
| of
suspected child abuse or neglect.
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| (b) A child death review team and the Child Death | 13 |
| Investigation Task Force shall have access to all records and
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| information that are relevant to its review or investigation of | 15 |
| a child death or serious, life-threatening injury
and in the
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| possession of a State or local governmental agency. These | 17 |
| records and
information include, without limitation, birth | 18 |
| certificates, all relevant
medical and mental health records, | 19 |
| records of law
enforcement agency investigations, records of | 20 |
| coroner or medical examiner
investigations, records of the | 21 |
| Department of Corrections concerning a person's
parole, | 22 |
| records of a probation and court services department, and | 23 |
| records of a
social services agency that provided services
to | 24 |
| the child or the child's family.
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| (Source: P.A. 91-812, eff. 6-13-00.)
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| (20 ILCS 515/30)
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| Sec. 30. Public access to information.
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| (a) Meetings of the child death review teams ,
and the | 4 |
| Executive
Council , and the Child Death Investigation Task Force
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| shall be closed to the public.
Meetings of the child death | 6 |
| review teams ,
and the Executive Council , and the Child Death | 7 |
| Investigation Task Force are
not subject to the Open Meetings | 8 |
| Act
(5 ILCS 120), as provided in that Act.
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| (b) Records and information provided to a child death | 10 |
| review team ,
and the
Executive Council, and the Child Death | 11 |
| Investigation Task Force, and
records maintained by a team ,
or
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| the Executive Council, or the Child Death Investigation Task | 13 |
| Force, are confidential and
not subject to the Freedom
of | 14 |
| Information Act (5 ILCS 140), as provided in that Act.
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| Nothing contained in this subsection (b) prevents the | 16 |
| sharing or disclosure
of records, other than those produced by | 17 |
| a Child Death Review Team ,
or the
Executive Council, or the | 18 |
| Child Death Investigation Task Force, relating or
pertaining to | 19 |
| the death of a minor under the care of or
receiving services | 20 |
| from the Department of Children and Family Services and
under | 21 |
| the jurisdiction of the juvenile court with the juvenile court, | 22 |
| the
State's Attorney, and the minor's attorney.
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| (c) Members of a child death review team ,
and the Executive | 24 |
| Council , and the Child Death Investigation Task Force
are not | 25 |
| subject to examination, in any civil or criminal
proceeding, | 26 |
| concerning information presented to members of the team ,
or the
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| Executive Council , or the Task Force or opinions
formed by | 2 |
| members of the team ,
or the Executive Council , or the Task | 3 |
| Force based on that
information. A person may,
however, be | 4 |
| examined concerning information provided to a child death | 5 |
| review
team ,
or the Executive Council , or the Task Force that | 6 |
| is otherwise available to the public.
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| (d) Records and information produced by a child death | 8 |
| review team ,
and the
Executive Council , and the Child Death | 9 |
| Investigation Task Force are
not subject to discovery or | 10 |
| subpoena and are not admissible as evidence in any
civil or | 11 |
| criminal proceeding. Those records
and information are, | 12 |
| however, subject to discovery or a subpoena, and are
admissible | 13 |
| as evidence, to the extent they are otherwise available to the
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| public.
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| (Source: P.A. 92-468, eff. 8-22-01)
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| (20 ILCS 515/35)
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| Sec. 35. Indemnification. The State shall indemnify and | 18 |
| hold harmless
members of a child death
review team ,
and the | 19 |
| Executive Council , and the Child Death Investigation Task Force
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| for all their acts, omissions,
decisions, or other conduct | 21 |
| arising
out of the scope of their service on the team ,
or
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| Executive Council, or Task Force, except
those involving | 23 |
| willful
or wanton misconduct. The method of providing | 24 |
| indemnification shall be as
provided in the State Employee | 25 |
| Indemnification Act (5 ILCS 350/1 et seq.).
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| (Source: P.A. 92-468, eff. 8-22-01.)"; and
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| on page 7, after line 14, by inserting the following: | 3 |
| "(20 ILCS 515/45 new) | 4 |
| Sec. 45. Child Death Investigation Task Force; pilot | 5 |
| program. | 6 |
| (a) The Child Death Investigation Task Force is established | 7 |
| as a 3-year pilot program in the Department's Southern | 8 |
| Administrative Region of the State. The Task Force shall | 9 |
| include pathologists, crime scene experts, crime scene | 10 |
| investigators, law enforcement investigators, social workers, | 11 |
| psychologists, and pediatricians appointed by the Child Death | 12 |
| Review Teams Executive Director and approved by the Executive | 13 |
| Council. The Task Force shall be under the direction of a | 14 |
| Deputy Director appointed by the Child Death Review Teams | 15 |
| Executive Director. The Task Force's office shall be in a | 16 |
| location other than a Department office. The Task Force shall | 17 |
| be independent of the operations of the Department. | 18 |
| (b) A member of the Task Force who is an investigator has | 19 |
| the same authority to arrest and hold a person in custody as | 20 |
| peace officers of this State have to arrest and hold a person | 21 |
| in custody on the ground that the person has committed an | 22 |
| offense in this State. Every such investigator member of the | 23 |
| Task Force must successfully complete training approved by the | 24 |
| Illinois Law Enforcement Training Standards Board. Every such |
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| investigator member of the Task Force shall be issued a badge | 2 |
| and other appropriate identification. | 3 |
| (c) The Task Force shall investigate every death of a child | 4 |
| under 18 years of age occurring within the region of its | 5 |
| jurisdiction and every serious, life-threatening injury of a | 6 |
| child under 18 years of age occurring within that region. A | 7 |
| local or State law enforcement agency, hospital, or coroner | 8 |
| shall promptly notify the Task Force of a death or serious, | 9 |
| life-threatening injury to a child under 18 years of age. | 10 |
| Within 10 days after concluding an inquest into the death of a | 11 |
| child under 18 years of age, a coroner shall submit to the Task | 12 |
| Force the death certificate and autopsy report concerning that | 13 |
| death. The Task Force shall also investigate any second or | 14 |
| subsequent report of alleged child abuse or neglect involving | 15 |
| the same child or household. The Task Force may review and | 16 |
| reopen any case involving a Department finding concerning a | 17 |
| report of suspected child abuse or neglect. | 18 |
| The Deputy Director in charge of the Task Force has the | 19 |
| authority to issue subpoenas to obtain testimony or records | 20 |
| necessary to enable the Task Force to conduct an investigation. | 21 |
| The Task Force may request from the Department all records in | 22 |
| the Department's possession relating to a case under | 23 |
| investigation by the Task Force, including all records relating | 24 |
| to any prior allegation of child abuse or neglect involving the | 25 |
| same child or household. | 26 |
| (d) Upon completing an investigation, the Deputy Director |
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| in charge of the Task Force shall submit a report containing | 2 |
| findings and recommendations to the Executive Council, the | 3 |
| Director of Children and Family Services, the Inspector General | 4 |
| appointed under Section 35.5 of the Children and Family | 5 |
| Services Act, the appropriate State's Attorney, and the State | 6 |
| Representative and State Senator in whose legislative | 7 |
| districts the case arose. The Task Force's report to the | 8 |
| Inspector General shall include, when appropriate, findings as | 9 |
| to whether the Department's policies and procedures were | 10 |
| followed by Department staff in conducting an investigation of | 11 |
| a report of suspected child abuse or neglect and other findings | 12 |
| concerning the conduct of Department staff. The Task Force may | 13 |
| recommend disciplinary action in appropriate cases. | 14 |
| (e) Not later than 6 months before the conclusion of the | 15 |
| pilot program established under this Section, the Deputy | 16 |
| Director in charge of the Task Force shall submit to the | 17 |
| General Assembly and the Governor a report summarizing the | 18 |
| activities of the Task Force and making recommendations as to | 19 |
| whether the Task Force's activities should be expanded to | 20 |
| additional regions of the State. | 21 |
| (f) The Child Death Investigation Task Force shall be | 22 |
| funded under a separate line item in the Department's annual | 23 |
| budget. | 24 |
| (20 ILCS 515/50 new)
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| Sec. 50. Training. |
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| (a) The child death review teams, in conjunction with the | 2 |
| Child Death Investigation Task Force, shall conduct an annual | 3 |
| symposium for the purpose of providing education and training | 4 |
| for review team and Task Force members as well as Department | 5 |
| staff. | 6 |
| (b) The Child Death Investigation Task Force shall conduct | 7 |
| quarterly training for Department field staff, supervisors, | 8 |
| and managers. ".
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