(325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
Sec. 7.16.
For any investigation or appeal initiated on or after, or
pending on July 1, 1998, the following time frames shall apply.
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, the perpetrator named in the notification 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 State Central Register shall be tolled until after the conclusion of any criminal court action in the circuit court or after adjudication in any juvenile court action concerning the circumstances that give rise to an indicated report. Such request shall be
in writing and directed to such person as the Department designates in the
notification letter notifying the perpetrator of the indicated finding. The perpetrator shall have the right to a timely
hearing within
the Department 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. Such
hearing shall be held within a reasonable time after the perpetrator's request
and at a reasonable place and hour. The appropriate Child Protective
Service Unit shall be given notice of the hearing. If the minor, who is the victim named in the report sought to be amended or removed from the State Central Register, is the subject of a pending action under Article V of the Juvenile Court Act of 1987 and is in the custody or guardianship of the Department or has an open intact family services case with the Department or is the subject of a pending action under Article II of the Juvenile Court Act of 1987, and the report was made while a guardian ad litem was appointed for the minor under Section 5-610 or 2-17 of the Juvenile Court Act of 1987, then the minor shall, through the minor's attorney or guardian ad litem appointed under Section 5-610 or 2-17 of the Juvenile Court Act of 1987, have the right to participate and be heard in such hearing as defined under the Department's rules. The Department's obligation under this Section to provide a minor with a guardian ad litem appointed under Section 5-610 of the Juvenile Court Act of 1987 and an open intact family services case with the right to participate and be heard applies only if the guardian ad litem notified the Department in writing of the representation. In such hearings, the
burden of proving the accuracy and consistency of the record shall be on
the Department and the appropriate Child Protective Service Unit. The
hearing shall be conducted by the Director or the Director's designee, who is hereby
authorized and empowered to order the amendment or removal of
the record to make it accurate and consistent with this Act. The decision
shall be made, in writing, at the close of the hearing, or within 60
days
thereof, and shall state the reasons upon which it is based. Decisions of
the Department under this Section are administrative decisions subject to
judicial review under the Administrative Review Law.
Should the Department grant the request of the perpetrator
pursuant to this Section either on administrative review or after
an administrative hearing to amend an indicated report to an unfounded report, the
report shall be released and expunged in accordance
with the standards set forth in Section 7.14 of this Act.
(Source: P.A. 103-22, eff. 8-8-23.)
|