HB2942 97TH GENERAL ASSEMBLY

LRB097 09211 KTG 49346 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2942

Introduced 2/23/2011, by Rep. Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

325 ILCS 5/8.1

from Ch. 23, par. 2058.1

Amends the Abused and Neglected Child Reporting Act. Permits a reporting source, whether mandated or not, to appeal a finding by the Child Protective Service Unit that his or her report of abuse or neglect is unfounded. Provides that the Department of Children and Family Services shall establish by rule the appeal process and that if upon appeal a determination is made that there is no credible evidence of abuse or neglect, the reporting source, whether mandated or not, may petition the Attorney General or the appropriate State's Attorney to review his or her report.

A BILL FOR

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Abused and Neglected Child Reporting Act is amended by changing Section 8.1 as follows:

(325 ILCS 5/8.1) (from Ch. 23, par. 2058.1)

Sec. 8.1. If the Child Protective Service Unit determines after investigating a report that there is no credible evidence that a child is abused or neglected, it shall deem the report to be an unfounded report. However, if it appears that the child or family could benefit from other social services, the local service may suggest such services, including services under Section 8.2, for the family's voluntary acceptance or refusal. If the family declines such services, the Department shall take appropriate action in keeping with the best interest of the child, including referring a member of the child's family to a facility licensed by the Department of Human Services or the Department of Public Health. For purposes of this Section "child" includes an adult resident as defined in this Act.

Notwithstanding any other provision of law to the contrary, a reporting source, whether mandated or not, may appeal a finding by the Child Protective Service Unit that his or her report of abuse or neglect is unfounded. The Department shall establish by rule the appeal process. If upon appeal a determination is made that there is no credible evidence of abuse or neglect, the reporting source, whether mandated or not, may petition the Attorney General or the appropriate State's Attorney to review his or her report.

(Source: P.A. 96-1446, eff. 8-20-10.)