Full Text of SB1207 98th General Assembly
SB1207sam003 98TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 3/14/2013
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| 1 | | AMENDMENT TO SENATE BILL 1207
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1207 by replacing | 3 | | everything after the enacting clause with the following:
| 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 State Central Register |
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| 1 | | shall be tolled until after the sentencing in any criminal | 2 | | court action or after adjudication in any juvenile court action | 3 | | concerning the circumstances that give rise to an indicated | 4 | | report . Such request shall be
in writing and directed to such | 5 | | person as the Department designates in the
notification letter | 6 | | notifying the perpetrator of the indicated finding . The | 7 | | perpetrator If the Department disregards any
request to do so | 8 | | or does
not act within 10 days, the subject shall have the | 9 | | right to a timely
hearing within
the Department to determine | 10 | | whether the record of the report should be
amended or removed | 11 | | on the grounds that it is inaccurate or it is
being
maintained | 12 | | in a manner inconsistent with this Act, except that there
shall | 13 | | be no such right to a hearing on the ground of the report's
| 14 | | inaccuracy if there has been a court finding of child abuse or | 15 | | neglect or a criminal finding of guilt as to the perpetrator. , | 16 | | the
report's accuracy being conclusively presumed on such | 17 | | finding. Such
hearing shall be held within a reasonable time | 18 | | after the perpetrator's subject's request
and at a reasonable | 19 | | place and hour. The appropriate Child Protective
Service Unit | 20 | | shall be given notice of the hearing. If the minor, who is the | 21 | | subject of an action under Article II of the Juvenile Court Act | 22 | | of 1987, is also the victim named in the report sought to be | 23 | | amended or removed from the State Central Register, the minor | 24 | | shall, through the minor's attorney or guardian ad litem | 25 | | appointed under Section 2-17 of the Juvenile Court Act of 1987, | 26 | | have the right to participate and be heard in such hearing as |
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| 1 | | defined under Department rules. In such hearings, the
burden of | 2 | | proving the accuracy and consistency of the record shall be on
| 3 | | the Department and the appropriate Child Protective Service | 4 | | Unit. The
hearing shall be conducted by the Director or his | 5 | | designee, who is hereby
authorized and empowered to order the | 6 | | amendment or removal of
the record to make it accurate and | 7 | | consistent with this Act. The decision
shall be made, in | 8 | | writing, at the close of the hearing, or within 60 45
days
| 9 | | thereof, and shall state the reasons upon which it is based. | 10 | | Decisions of
the Department under this Section are | 11 | | administrative decisions subject to
judicial review under the | 12 | | Administrative Review Law.
| 13 | | Should the Department grant the request of the perpetrator | 14 | | subject of the report
pursuant to this Section either on | 15 | | administrative review or after
an administrative hearing to | 16 | | amend an indicated report to an unfounded report, the
report | 17 | | shall be released and expunged in accordance
with the standards | 18 | | set forth in Section 7.14 of this Act.
| 19 | | (Source: P.A. 90-15, eff. 6-13-97; 90-608, eff. 6-30-98.)
| 20 | | Section 99. Effective date. This Act takes effect January | 21 | | 1, 2014.".
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