Full Text of SB1207 98th General Assembly
SB1207enr 98TH GENERAL ASSEMBLY |
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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 State Central Register | 17 | | shall be tolled until after the conclusion of any criminal | 18 | | court action in the circuit court or after adjudication in any | 19 | | juvenile court action concerning the circumstances that give | 20 | | rise to an indicated report . Such request shall be
in writing | 21 | | and directed to such person as the Department designates in the
| 22 | | notification letter notifying the perpetrator of the indicated | 23 | | finding . The perpetrator If the Department disregards any
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| 1 | | request to do so or does
not act within 10 days, the subject | 2 | | shall have the right to a timely
hearing within
the Department | 3 | | to determine whether the record of the report should be
amended | 4 | | or removed on the grounds that it is inaccurate or it is
being
| 5 | | maintained in a manner inconsistent with this Act, except that | 6 | | there
shall be no such right to a hearing on the ground of the | 7 | | report's
inaccuracy if there has been a court finding of child | 8 | | abuse or neglect or a criminal finding of guilt as to the | 9 | | perpetrator. , the
report's accuracy being conclusively | 10 | | presumed on such finding. Such
hearing shall be held within a | 11 | | reasonable time after the perpetrator's subject's request
and | 12 | | at a reasonable place and hour. The appropriate Child | 13 | | Protective
Service Unit shall be given notice of the hearing. | 14 | | If the minor, who is the victim named in the report sought to | 15 | | be amended or removed from the State Central Register, is the | 16 | | subject of a pending action under Article II of the Juvenile | 17 | | Court Act of 1987, and the report was made while a guardian ad | 18 | | litem was appointed for the minor under Section 2-17 of the | 19 | | Juvenile Court Act, then the minor shall, through the minor's | 20 | | attorney or guardian ad litem appointed under Section 2-17 of | 21 | | the Juvenile Court Act of 1987, have the right to participate | 22 | | and be heard in such hearing as defined under the Department's | 23 | | rules. In such hearings, the
burden of proving the accuracy and | 24 | | consistency of the record shall be on
the Department and the | 25 | | appropriate Child Protective Service Unit. The
hearing shall be | 26 | | conducted by the Director or his designee, who is hereby
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| 1 | | authorized and empowered to order the amendment or removal of
| 2 | | the record to make it accurate and consistent with this Act. | 3 | | The decision
shall be made, in writing, at the close of the | 4 | | hearing, or within 60 45
days
thereof, and shall state the | 5 | | reasons upon which it is based. Decisions of
the Department | 6 | | under this Section are administrative decisions subject to
| 7 | | judicial review under the Administrative Review Law.
| 8 | | Should the Department grant the request of the perpetrator | 9 | | subject of the report
pursuant to this Section either on | 10 | | administrative review or after
an administrative hearing to | 11 | | amend an indicated report to an unfounded report, the
report | 12 | | shall be released and expunged in accordance
with the standards | 13 | | set forth in Section 7.14 of this Act.
| 14 | | (Source: P.A. 90-15, eff. 6-13-97; 90-608, eff. 6-30-98.)
| 15 | | Section 99. Effective date. This Act takes effect January | 16 | | 1, 2014.
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