Rep. Patricia R. Bellock

Filed: 4/12/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2942

2    AMENDMENT NO. ______. Amend House Bill 2942 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Section 7.21 as follows:
 
6    (325 ILCS 5/7.21)
7    Sec. 7.21. Review of unfounded reports. Multidisciplinary
8Review Committee.
9    (a) Whenever the Department determines that a reported
10incident of child abuse or neglect from a reporter is
11"unfounded", the reporter may request an appeal of the
12investigation within 10 days of the notification of the final
13finding. Whenever the Department determines that any reported
14incident of child abuse or neglect is "unfounded", the minor's
15guardian ad litem appointed under the Juvenile Court Act of
161987 may request an appeal of the investigation within 10 days

 

 

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1of receipt of the investigative packet, if the subject of the
2report is also the minor for whom the guardian ad litem has
3been appointed. Appeals under this subsection will be conducted
4by a neutral third party. The neutral third party shall make
5recommendations to the Department as to the adequacy of the
6investigation and the accuracy of the final finding
7determination. The Department may establish multidisciplinary
8review committees in each region of the State to assure that
9mandated reporters have the ability to have a review conducted
10on any situation where a child abuse or neglect report made by
11them was "unfounded", and they have concerns about the adequacy
12of the investigation. These committees shall draw upon the
13expertise of the Child Death Review Teams as necessary and
14practicable. Each committee will be composed of the following:
15a health care professional, a Department employee, a law
16enforcement official, a licensed social worker, and a
17representative of the State's attorney's office. In appointing
18members of a committee, primary consideration shall be given to
19a prospective member's prior experience in dealing with cases
20of suspected child abuse or neglect.
21    (b) (Blank). Whenever the Department determines that a
22reported incident of child abuse or neglect from a mandated
23reporter is "unfounded", the mandated reporter may request a
24review of the investigation within 10 days of the notification
25of the final finding. Whenever the Department determines that a
26reported incident of child abuse or neglect from a mandated

 

 

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1reporter or any other reporter is "unfounded", the minor's
2guardian ad litem appointed under the Juvenile Court Act of
31987 may request a review of the investigation within 10 days
4of the notification of the final finding if the subject of the
5report is also the minor for whom the guardian ad litem has
6been appointed. The review of the investigation requested by
7the guardian ad litem may be conducted by the Regional Child
8Protection Manager.
9    A review under this subsection will be conducted by the
10committee, except those requests for review that are made by
11the guardian ad litem, which shall be conducted by the Regional
12Child Protection Manager. The Department shall make available
13to the committee all information in the Department's possession
14concerning the case. The committee shall make recommendations
15to the Department as to the adequacy of the investigation and
16of the accuracy of the final finding determination. These
17findings shall be forwarded to the Regional Child Protection
18Manager.
19    (c) (Blank). The Department shall provide complete records
20of these investigations to the committee. Records provided to
21the committee and recommendation reports generated by the
22committee shall not be public record.
23    (c-5) Beginning October 1, 2012 and annually thereafter On
24or before October 1 of each year, the Department shall prepare
25a report setting forth (i) the number of investigations
26appealed reviewed by each committee during the previous fiscal

 

 

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1year and (ii) the number of those investigations that the
2committee found to be inadequate, and (iii) the number of
3recommendations to reverse final findings. The report shall
4also include a summary of the committee's comments and a
5summary of the corrective action, if any, that was taken in
6response to the committee's recommendations. The report shall
7be a public record. The Department shall submit the report to
8the General Assembly and shall make the report available to the
9public upon request.
10    (d) The Department shall adopt rules to implement this
11Section by October 1, 2011. The rules may limit the rights of a
12reporter to appeal unfounded cases when the reporter has been
13determined to be engaging in harassing conduct or intentionally
14making false reports. The rules may limit access to
15confidential information by a reporter who requests an appeal.
16(Source: P.A. 90-239, eff. 7-28-97; 91-812, eff. 6-13-00.)
 
17    Section 99. Effective date. This Act takes effect January
181, 2012.".