Illinois General Assembly - Bill Status for SB0752
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 Bill Status of SB0752  101st General Assembly


Short Description:  DCFS-CHILD ABUSE RPTS-EXPUNGE

Senate Sponsors
Sen. David Koehler

Last Action
DateChamber Action
  1/10/2017SenateSession Sine Die

Statutes Amended In Order of Appearance
325 ILCS 5/7.14from Ch. 23, par. 2057.14
325 ILCS 5/7.16from Ch. 23, par. 2057.16
325 ILCS 5/7.18from Ch. 23, par. 2057.18


Synopsis As Introduced
Amends the Abused and Neglected Child Reporting Act. Provides that the Department of Children and Family Services shall, by rule, prescribe retention periods of no longer than 2 years for indicated reports involving inadequate food, inadequate shelter, inadequate supervision, inadequate clothing, environmental neglect, lockout, and other categories as may be determined by the Department. Provides that nothing in this provision shall prohibit the Department from retaining an indicated report for up to 5 years in the foregoing categories of reports when there exist aggravated circumstances, as defined by rule. In a provision concerning appeals, provides that the Department shall, by rule, establish conditions under which an indicated report that has been properly appealed may be expunged upon completion of a course of services prescribed by the Department. Provides that notwithstanding the expiration of the deadline for appealing an indicated report and notwithstanding the previous issuance of a final administrative decision, the Director of the Department or his or her designee shall expunge from the central register either an indicated report or the name of a specified perpetrator if a court of law has found that either the alleged abuse or neglect, or the responsibility of the individual, was not established either by probable cause or by a preponderance of the evidence, provided that such court finding arises from the same nucleus of operative facts as the indicated report. Requires the Department to establish, by rule, a process for requesting relief on the basis of such court findings. Effective immediately.

Senate Committee Amendment No. 1
Deletes reference to:
325 ILCS 5/7.16

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Removes indicated reports involving lockouts from the types of indicated reports the Department of Children and Family Services shall, by rule, prescribe retention periods of no longer than 2 years. Removes a provision requiring the Department to, by rule, establish conditions under which an indicated report that has been properly appealed may be expunged upon completion of a course of services. Requires the Department to establish, by rule, the definition of "good cause shown" and the process for requesting an amendment of an indicated report. Removes a provision requiring (i) the Director of the Department or his or her designee to expunge from the central register either an indicated report or the name of a specified perpetrator if a court of law has found that either the alleged abuse or neglect, or the responsibility of the individual, was not established either by probable cause or by a preponderance of the evidence, provided that such court finding arises from the same nucleus of operative facts as the indicated report; and (ii) the Department to establish, by rule, a process for requesting relief on the basis of such court findings. Effective immediately.

Actions 
DateChamber Action
  2/3/2015SenateFiled with Secretary by Sen. David Koehler
  2/3/2015SenateFirst Reading
  2/3/2015SenateReferred to Assignments
  2/11/2015SenateAssigned to Human Services
  2/18/2015SenatePostponed - Human Services
  2/24/2015SenateTo Subcommittee on Issues Relating to Department of Children and Family Services
  3/4/2015SenatePostponed - Human Services; Human Services Subcommittee on Issues Relating to the Department of Children and Family Services
  3/11/2015SenatePostponed - Human Services; Human Services Subcommittee on Issues Relating to the Department of Children and Family Services
  3/18/2015SenateReported Back To Human Services; 003-002-000
  3/18/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. David Koehler
  3/18/2015SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/24/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Human Services
  3/24/2015SenateSenate Committee Amendment No. 1 Adopted
  3/25/2015SenatePostponed - Human Services
  3/27/2015SenateRule 2-10 Committee Deadline Established As April 24, 2015
  4/24/2015SenateRule 3-9(a) / Re-referred to Assignments
  1/10/2017SenateSession Sine Die

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