Full Text of SB1207 98th General Assembly
SB1207 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1207 Introduced 1/30/2013, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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325 ILCS 5/7.16 | from Ch. 23, par. 2057.16 |
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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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning children.
| 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 Section 7.16 as follows:
| 6 | | (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
| 7 | | Sec. 7.16.
For any investigation or appeal initiated on or | 8 | | after, or
pending on July 1, 1998, the following time frames | 9 | | shall apply.
Within 60 days after the notification of the | 10 | | completion
of the Child Protective Service Unit investigation, | 11 | | determined by the date
of the notification sent by the | 12 | | Department, the perpetrator named in the notification a subject | 13 | | of a report may
request the Department to amend the record or
| 14 | | remove the record of the report from the register , except that | 15 | | the 60 day deadline for filing a request to amend the record or | 16 | | remove the record of the report from the record shall be tolled | 17 | | by the pendency of any criminal court or juvenile court action | 18 | | concerning the circumstances that gave rise to an indicated | 19 | | report . Such request shall be
in writing and directed to such | 20 | | person as the Department designates in the
notification letter | 21 | | notifying the perpetrator of the indicated finding . The | 22 | | perpetrator If the Department disregards any
request to do so | 23 | | or does
not act within 10 days, the subject shall have the |
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| 1 | | right to a timely
hearing within
the Department to determine | 2 | | whether the record of the report should be
amended or removed | 3 | | on the grounds that it is inaccurate or it is
being
maintained | 4 | | in a manner inconsistent with this Act, except that there
shall | 5 | | be no such right to a hearing on the ground of the report's
| 6 | | inaccuracy if there has been a court finding of child abuse or | 7 | | neglect or a criminal finding of guilt as to the perpetrator. , | 8 | | the
report's accuracy being conclusively presumed on such | 9 | | finding. Such
hearing shall be held within a reasonable time | 10 | | after the perpetrator's subject's request
and at a reasonable | 11 | | place and hour. The appropriate Child Protective
Service Unit | 12 | | shall be given notice of the hearing. In such hearings, the
| 13 | | burden of proving the accuracy and consistency of the record | 14 | | shall be on
the Department and the appropriate Child Protective | 15 | | Service Unit. The
hearing shall be conducted by the Director or | 16 | | his designee, who is hereby
authorized and empowered to order | 17 | | the amendment or removal of
the record to make it accurate and | 18 | | consistent with this Act. The decision
shall be made, in | 19 | | writing, at the close of the hearing, or within 60 45
days
| 20 | | thereof, and shall state the reasons upon which it is based. | 21 | | Decisions of
the Department under this Section are | 22 | | administrative decisions subject to
judicial review under the | 23 | | Administrative Review Law.
| 24 | | Should the Department grant the request of the perpetrator, | 25 | | subject of the report
pursuant to this Section either on | 26 | | administrative review or after
an administrative hearing to |
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| 1 | | amend an indicated report to an unfounded report , or should a | 2 | | court grant the request of the perpetrator to amend an | 3 | | indicated report to an unfounded report , the
report shall be | 4 | | released and expunged in accordance
with the standards set | 5 | | forth in Section 7.14 of this Act.
| 6 | | (Source: P.A. 90-15, eff. 6-13-97; 90-608, eff. 6-30-98.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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