Full Text of HB3384 103rd General Assembly
HB3384 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3384 Introduced 2/17/2023, by Rep. Carol Ammons SYNOPSIS AS INTRODUCED: |
|
20 ILCS 515/15 |
|
20 ILCS 515/20 |
|
|
Amends the Child Death Review Team Act. Provides that members of the General Assembly shall serve on the Illinois Child
Death Review Teams Executive Council and attend all Executive
Council meetings. Provides that members of the General Assembly shall be permitted to
attend all Executive meetings, meetings between the Director
and the Executive Council, and Child Death Review regional
team meetings. Provides that in addition to other specified purposes, a child death review team's purpose in conducting
reviews of child deaths is to share with the General Assembly the specific recommendations the review team makes to the Director and
the Inspector General of the Department of Children and Family Services concerning the
prevention of child deaths due to abuse or neglect and the
establishment of protocols for investigating child deaths.
|
| |
| | A BILL FOR |
|
| | | HB3384 | | LRB103 30352 KTG 56782 b |
|
| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Death Review Team Act is amended by | 5 | | changing Sections 15 and 20 as follows:
| 6 | | (20 ILCS 515/15)
| 7 | | Sec. 15. Child death review teams; establishment.
| 8 | | (a) The Inspector General of the Department, in | 9 | | consultation and cooperation with the Executive Council, law
| 10 | | enforcement, and other
professionals who work in the field of | 11 | | investigating, treating, or preventing
child abuse or neglect | 12 | | in that subregion, shall appoint members to a child
death | 13 | | review
team in each of the Department's administrative | 14 | | subregions of the State outside
Cook County and at least one | 15 | | child death review team in Cook County. The
members of a team | 16 | | shall be appointed for 2-year terms and
shall be eligible for | 17 | | reappointment upon the expiration of the terms. The Inspector | 18 | | General of the Department must fill any vacancy in a team | 19 | | within 60 days after that vacancy occurs.
| 20 | | (b) Each child death review team shall consist of at least | 21 | | one member from
each of the following categories:
| 22 | | (1) Pediatrician or other physician knowledgeable | 23 | | about child abuse and
neglect.
|
| | | HB3384 | - 2 - | LRB103 30352 KTG 56782 b |
|
| 1 | | (2) Representative of the Department.
| 2 | | (3) State's attorney or State's attorney's | 3 | | representative.
| 4 | | (4) Representative of a local law enforcement agency.
| 5 | | (5) Psychologist or psychiatrist.
| 6 | | (6) Representative of a local health department.
| 7 | | (7) Representative of a school district or other | 8 | | education or child care
interests.
| 9 | | (8) Coroner or forensic pathologist.
| 10 | | (9) Representative of a child welfare agency or child | 11 | | advocacy
organization.
| 12 | | (10) Representative of a local hospital, trauma | 13 | | center, or provider of
emergency medical services.
| 14 | | (11) Representative of the Illinois State Police.
| 15 | | (12) Representative of the Department of Public | 16 | | Health. | 17 | | Each child death review team may make recommendations to | 18 | | the Inspector General of the Department
concerning additional | 19 | | appointments. In the event of a disagreement, the Executive | 20 | | Council's decision shall control.
| 21 | | Each child death review team member must have demonstrated | 22 | | experience and an
interest in investigating, treating, or | 23 | | preventing child abuse or neglect.
| 24 | | (c) Each child death review team shall select a | 25 | | chairperson and vice-chairperson from among its
members.
The | 26 | | chairperson shall also serve on the Illinois Child Death |
| | | HB3384 | - 3 - | LRB103 30352 KTG 56782 b |
|
| 1 | | Review Teams
Executive
Council. The vice-chairperson may also | 2 | | serve on the Illinois Child Death Review Teams
Executive
| 3 | | Council, but shall not have a vote on child death review team | 4 | | business unless the chairperson is unable to attend a meeting. | 5 | | (d) The child death review teams shall be funded under a | 6 | | separate line item in the Department's annual budget.
| 7 | | (e) The Department shall provide at least one full-time | 8 | | Statewide Department of Children and Family Services Liaison | 9 | | who shall attend all child death review team meetings, all | 10 | | Executive meetings, all Executive Council meetings, and | 11 | | meetings between the Director and the Executive Council. | 12 | | (f) Members of the General Assembly shall serve on the | 13 | | Illinois Child Death Review Teams Executive Council and attend | 14 | | all Executive Council meetings. Members of the General | 15 | | Assembly shall be permitted to attend all Executive meetings, | 16 | | meetings between the Director and the Executive Council, and | 17 | | Child Death Review regional team meetings. | 18 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 19 | | (20 ILCS 515/20)
| 20 | | Sec. 20. Reviews of child deaths.
| 21 | | (a) Every child death shall be reviewed by the team in the | 22 | | subregion which
has
primary case management responsibility. | 23 | | The deceased child must be one of the
following:
| 24 | | (1) A youth in care.
| 25 | | (2) The subject of an open service case maintained by |
| | | HB3384 | - 4 - | LRB103 30352 KTG 56782 b |
|
| 1 | | the Department.
| 2 | | (3) The subject of a pending child abuse or neglect | 3 | | investigation.
| 4 | | (4) A child who was the subject of an abuse or neglect | 5 | | investigation at
any time
during the 12 months preceding | 6 | | the child's death.
| 7 | | (5) Any other child whose death is reported to the | 8 | | State central
register as a result of alleged child abuse | 9 | | or neglect which report is
subsequently indicated.
| 10 | | A child death review team may, at its discretion, review | 11 | | other sudden,
unexpected, or unexplained child deaths, cases | 12 | | of serious or fatal injuries to a child identified under the | 13 | | Children's
Advocacy Center Act, and all unfounded child death | 14 | | cases.
| 15 | | (b) A child death review team's purpose in conducting | 16 | | reviews of child
deaths
is to do the following:
| 17 | | (1) Assist in determining the cause and manner of the | 18 | | child's death, when
requested.
| 19 | | (2) Evaluate means by which the death might have been | 20 | | prevented.
| 21 | | (3) Report its findings to appropriate agencies and | 22 | | make recommendations
that may help to reduce the number of | 23 | | child deaths caused by abuse or neglect.
| 24 | | (4) Promote continuing education for professionals | 25 | | involved in
investigating, treating, and preventing child | 26 | | abuse and neglect as a means of
preventing child deaths |
| | | HB3384 | - 5 - | LRB103 30352 KTG 56782 b |
|
| 1 | | due to abuse or neglect.
| 2 | | (5) Make specific recommendations to the Director and | 3 | | the Inspector
General of the Department concerning the | 4 | | prevention of child deaths due to
abuse or neglect and the | 5 | | establishment of protocols for investigating child
deaths.
| 6 | | (6) Share the specific recommendations made under | 7 | | paragraph (5) with the General Assembly. | 8 | | (c) A child death review team shall review a child death as | 9 | | soon as
practical and not later than
90 days following
the
| 10 | | completion by the Department of the investigation of the death | 11 | | under the
Abused and Neglected Child Reporting Act. When there | 12 | | has been no investigation
by the Department, the child death | 13 | | review team shall review a child's death
within 90 days after | 14 | | obtaining the information necessary to complete the review
| 15 | | from the coroner, pathologist, medical examiner, or law | 16 | | enforcement agency,
depending on the nature of the case. A | 17 | | child death
review
team shall meet at
least once in
each | 18 | | calendar quarter.
| 19 | | (d) The Director shall, within 90 days, review and reply | 20 | | to recommendations
made by a team under
item (5) of
subsection | 21 | | (b). With respect to each recommendation made by a team, the | 22 | | Director shall submit his or her reply both to the chairperson | 23 | | of that team and to the chairperson of the Executive Council. | 24 | | The Director's reply to each recommendation must include a | 25 | | statement as to whether the Director intends to implement the | 26 | | recommendation. The Director shall meet in person with the |
| | | HB3384 | - 6 - | LRB103 30352 KTG 56782 b |
|
| 1 | | Executive Council at least every 60 days to discuss | 2 | | recommendations and the Department's responses. | 3 | | The Director shall implement recommendations as feasible | 4 | | and
appropriate and shall respond in writing to explain the | 5 | | implementation or
nonimplementation of the recommendations. | 6 | | (e) Within 90 days after the Director submits a reply with | 7 | | respect to a recommendation as required by subsection (d), the | 8 | | Director must submit an additional report that sets forth in | 9 | | detail the way, if any, in which the Director will implement | 10 | | the recommendation and the schedule for implementing the | 11 | | recommendation. The Director shall submit this report to the | 12 | | chairperson of the team that made the recommendation and to | 13 | | the chairperson of the Executive Council. | 14 | | (f) Within 180 days after the Director submits a report | 15 | | under subsection (e) concerning the implementation of a | 16 | | recommendation, the Director shall submit a further report to | 17 | | the chairperson of the team that made the recommendation and | 18 | | to the chairperson of the Executive Council. This report shall | 19 | | set forth the specific changes in the Department's policies | 20 | | and procedures that have been made in response to the | 21 | | recommendation.
| 22 | | (Source: P.A. 100-159, eff. 8-18-17; 100-1122, eff. 11-27-18.)
|
|